7121. Mayors Council on Physical Fitness, Health, and Nutrition. (a) There is established a Mayors Council on Physical Fitness, Health, and Nutrition (Mayors Council) with the mission to improve the health and wellness of all District residents through physical activity and healthy eating. (b)(1) The following individuals, or their designees, shall be members of the Mayors Council: (A) The Mayor of the District of Columbia; (B) The Director of the Department of Parks and Recreation; (C) The Chancellor of District of Columbia Public Schools; (D) The Chair of the Public Charter School Board; (E) The Director of the Department of Aging; and (F) Director of the Department of Health; (2) The Mayor shall designate one of the members listed in paragraph (1) of this subsection to serve as the chairperson. The chairperson shall serve at the pleasure of the Mayor. (3)(A) In addition to the members listed in paragraph (1) of this subsection, the Mayors Council shall include: (i) Five members appointed by the Council of the District of Columbia; and (ii) Up to 14 members appointed by the Mayor. (B) All members appointed pursuant to this paragraph shall: (i) Be residents of the District of Columbia; (ii) Have experience related to physical fitness, health, or nutrition; (iii) Serve 3-year terms; and (iv) Serve without compensation. (C) Vacancies shall be filled in the same manner as the original appointment. (c) The Mayors Council shall meet no fewer than 2 times per year. The time and place of its meetings shall be provided by the executive committee, established by  7-126; provided, that the Department of Health shall convene at least 2 meetings per year.  (Dec. 2, 2011, D.C. Law 19-58,  2, 58 DCR 8969.)  Section References This section is referenced in  7-126.
 7122. Powers and duties. (a) The Mayors Council shall: (1) Advise the Mayor on matters related to physical fitness, obesity, and nutrition; (2) Develop objectives to raise awareness of the: (A) Risks of obesity; (B) Benefits of physical activity and fitness; and (C) Benefits of healthy eating; (3) Publish an annual report on the state of physical fitness, obesity, and nutrition, including any recommendations (fitness report); (4) Publish an annual report detailing all gifts, donations, and other funds received and all expenditures; and (5) Perform any other duties as determined by the Mayor to be necessary or appropriate. (b) The Mayors Council may solicit and receive contributions to support the purposes of this subchapter.  (Dec. 2, 2011, D.C. Law 19-58,  3, 58 DCR 8969.)  Section References This section is referenced in  7-124.
 7123. Administrative support. The Department of Health shall assist with the administrative functions of the Mayors Council as feasible and as not otherwise provided.  (Dec. 2, 2011, D.C. Law 19-58,  4, 58 DCR 8969.) 
 7124. Fitness report. The Department of Health shall provide data relating to physical activity, nutrition, and obesity and technical assistance to the Mayors Council to assist it in publishing the annual fitness report required by  7-122(a)(3).  (Dec. 2, 2011, D.C. Law 19-58,  5, 58 DCR 8969.) 
 7125. Fitness Fund. (a) There is established as a nonlapsing fund the Fitness Fund, which shall be separate from the General Fund of the District of Columbia and shall be used solely for the purposes of this subchapter; provided, that not more than 5% of the total funds in the Fitness Fund in any given fiscal year shall be used to pay administrative costs. (b) The Mayor shall deposit into the Fitness Fund: (1) All general revenue funds appropriated for the Mayors Council; (2) Any contributions received: (A) Through solicitation; (B) As gifts, by devise or bequest; (C) As donations or grants; and (D) Through any other revenue source. (c) All funds deposited into the Fitness Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter without regard to fiscal year limitation, subject to authorization by Congress.  (Dec. 2, 2011, D.C. Law 19-58,  6, 58 DCR 8969.) 
 7126. Executive committee. There is established an executive committee, which shall: (1) Be part of the Mayors Council; (2) Advise the Mayors Council; (3) Be led by the chairperson designated pursuant to  7-121(b)(2); (4) Be comprised of not more than 10 members of the Mayors Council; provided, that at least 3 members are members appointed by the Council, pursuant to  7-121(b)(3)(A)(i), and 3 members are members appointed by the Mayor, pursuant to  7-121(b)(3)(A)(ii); and (5) Meet no fewer than 4 times per year, and at least one time each quarter of the year.  (Dec. 2, 2011, D.C. Law 19-58,  7, 58 DCR 8969.)  Section References This section is referenced in  7-121.
 7101. Appointment; duties generally. The Mayor of the District of Columbia shall appoint a physician as Commissioner of Public Health, whose duty it shall be, under the direction of the said Mayor, to execute and enforce all laws and regulations relating to the public health and vital statistics, and to perform all such duties as may be assigned to him by said Mayor.  (June 11, 1878, 20 Stat. 107, ch. 180,  8; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1.)  Prior Codifications 1981 Ed.,  6-101. 1973 Ed.,  6-101. Editor's Notes Office of Director of Public Health abolished: Section 1 of the Act of August 1, 1950, 64 Stat. 393, ch. 513, provided that the Health Officer of the District of Columbia would be known as the Director of Public Health. The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. The Order prior to redesignation abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by  401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioners Order No. 69-96, dated March 7, 1969, as amended by Commissioners Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services. Reorganization Plan No. 2 of 1979 established the Office of Public Health, headed by a Commissioner of Public Health, in the Department of Human Services. Department of Human Services established: Reorganization Plan No. 3 of 1986 re-established the Department of Human Services, headed by a Director. Mayor's Orders Establishment of the Mayors Study Commission on the Public Sector Health Care Delivery System: See Mayors Order 90-102, July 17, 1990. Establishment of the Health System Reorganization Office: See Mayors Order 90-105, July 25, 1990. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7102. Enforcement of vital statistics regulations. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  30(a), 28 DCR 3271.)  Prior Codifications 1981 Ed.,  6-102.
 7103. Sanitary Inspectors  Appointment; qualifications; subordinates. There may be appointed by the Mayor of the District of Columbia, on the recommendation of the Director of the Department of Human Services, a reasonable number of Sanitary Inspectors for said District, to hold such appointment at any 1 time, of whom 2 may be physicians, and 1 shall be a person skilled in the matters of drainage and ventilation; and said Mayor may remove any of the subordinates, and from time to time may prescribe the duties of each.  (June 11, 1878, 20 Stat. 107, ch. 180,  9; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Mar. 2, 2007, D.C. Law 16-191,  6(a), 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-103. 1973 Ed.,  6-104. Effect of Amendments D.C. Law 16-191 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7104. Sanitary Inspectors  Reports. Said Inspectors shall be respectively required to make, at least once in 2 weeks, a report to said Director of the Department of Human Services, in writing, of their inspections, which shall be preserved on file.  (June 11, 1878, 20 Stat. 107, ch. 180,  9; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Mar. 2, 2007, D.C. Law 16-191,  6(a), 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-104. 1973 Ed.,  6-105. Effect of Amendments D.C. Law 16-191 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7105. Report by Director. Said Director of the Department of Human Services shall report in writing annually to said Mayor of the District of Columbia, and so much oftener as he shall require.  (June 11, 1878, 20 Stat. 107, ch. 180,  9; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Mar. 2, 2007, D.C. Law 16-191,  6(a), 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-105. 1973 Ed.,  6-106. Effect of Amendments D.C. Law 16-191 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7106. Clerks to Director. The Mayor of the District of Columbia may appoint, on the like recommendation of the Director of the Department of Human Services, a reasonable number of clerks, but no greater number shall be appointed, and no more persons shall be employed under said Director of the Department of Human Services, than the public interests demand and the appropriation shall justify.  (June 11, 1878, 20 Stat. 107, ch. 180,  10; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Mar. 2, 2007, D.C. Law 16-191,  6(b), 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-106. 1973 Ed.,  6-107. Effect of Amendments D.C. Law 16-191 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act. 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7131. Regulations to prevent spread of communicable diseases. (a) The Mayor may, upon the advice of the Director of the Department of Health and pursuant to subchapter I of Chapter 5 of Title 2, issue rules to prevent and control the spread of communicable diseases, environmentally or occupationally related diseases, and other diseases or medical conditions that the Director of the Department of Health has advised should be monitored for epidemiological or other public health reasons. These rules may include, but shall not necessarily be limited to: (1) A list of reportable diseases and conditions; (2) Reporting procedures; and (3) Requirements and procedures for restriction of movement, isolation, and quarantine not inconsistent with this subchapter. (b)(1) Except as provided in paragraph (2) of this subsection, the Director of the Department of Health shall use the records incident to the case of a disease or medical condition reported under this subchapter for statistical and public health purposes only, and identifying information contained in these records shall be disclosed only when essential to safeguard the physical health of others. No person shall otherwise disclose or redisclose identifying information derived from these records unless: (A) The person reported gives his or her prior written permission; or (B) A court finds, upon clear and convincing evidence and after granting the person reported an opportunity to contest the disclosure, that disclosure: (i) Is essential to safeguard the physical health of others; or (ii) Would afford evidence probative of guilt or innocence in a criminal prosecution. (2) The constraints on disclosure and redisclosure of identifying information set forth in paragraph (1) of this subsection shall not apply to the disclosure and use of information disclosed and used pursuant to: (A) Subchapter I of Chapter 13 of Title 4 [ 4-1301.01 et seq.]; or (B) Chapter 23 of Title 16.  (Aug. 11, 1939, 53 Stat. 1408, ch. 601,  1; Aug. 8, 1946, 60 Stat. 919, ch. 871,  1; Feb. 21, 1986, D.C. Law 6-83,  3(a), 32 DCR 7276; Dec. 4, 2010, D.C. Law 18-273,  203, 57 DCR 7171.)  Prior Codifications 1981 Ed.,  6-117. 1973 Ed.,  6-118. Section References This section is referenced in  7-132 and  7-140. Effect of Amendments D.C. Law 18-273, in subsec. (a), substituted Director of the Department of Health for Commissioner of Public Health in two places; in subsec. (b)(1), substituted Director of the Department of Health for Commissioner of Public Health; and rewrote subsec. (b)(2), which had read as follows: (2) The prohibitions set forth in paragraph (1) of this subsection shall not apply to the exchange and use of information effected under Chapter 29 of Title 3, subchapter I of Chapter 13 of Title 4, and Chapter 23 of Title 16. Emergency Legislation For temporary (90 day) amendment of section, see  203 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  203 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Delegation of Authority Delegation of authority pursuant to the Preventive Health Services Amendment Act of 1985, see Mayors Order 98-141, August 20, Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(134) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7132. Definitions. For the purposes of this subchapter, the term: (1) Affected with a communicable disease means a person infected with a communicable disease or exposed to a chemical or radiological agent who is capable of infecting others with the same disease or chemical or radiological agent if permitted to move freely in the general public, or a person who, while not infected with a communicable disease or exposed to a chemical or radiological agent, is a carrier of, or contaminated with, an infectious disease or chemical or radiological agent and capable of infecting others with the disease or chemical or radiological agent. (2) Communicable disease means any disease: (A) Denominated a reportable disease pursuant to  7-131, including any illness due to an infectious agent or its toxic product that is transmitted: (i) Directly or indirectly to a well person from an infected person, animal, or ectoparasite; or (ii) Through the agency of an intermediate host or vector, or by exposure to chemical or radiological agents within the immediate environment; or (B) Occurring as an outbreak of illness or toxic conditions, regardless of etiology, in an institution or other identifiable group of people.  (Aug. 11, 1939, 53 Stat. 1408, ch. 601,  2; Aug. 8, 1946, 60 Stat. 919, ch. 871,  2; Feb. 21, 1986, D.C. Law 6-83,  3(b), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194,  902(a), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-118. 1973 Ed.,  6-119. Section References This section is referenced in  7-2301. Effect of Amendments D.C. Law 14-194 rewrote the section which had read as follows:  7-132. Communicable disease defined. For the purposes of this subchapter, the term communicable disease means that term as it is defined in  8-5:103 of the District of Columbia Health Regulations ( 22 DCMR 299) or by the Mayor pursuant to  7-131. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(135) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7133. Persons believed to be carriers of communicable diseases  Order for removal. (a) Whenever the Mayor, after consultation with the Director of the Department of Health, has probable cause to believe that a person is affected with a communicable disease or is a carrier of a communicable disease and that the persons presence in the general population is likely to cause death or seriously impair the health of others, the Mayor may, by written order, direct the removal of that person for the purpose of isolation, quarantine, or treatment. The order shall state a place of detention within the District of Columbia or outside of the District of Columbia; provided, that any place of detention outside the District of Columbia is under the supervision of the District of Columbia government. (b) The order shall be executed by a member of the Metropolitan Police Department or any designated employee of the District of Columbia. The person executing the order shall inform the person subject to the order of its contents and provide the person with a copy of the order. (c) Whenever the Mayor, after consultation with the Director of the Department of Health, has probable cause to believe that one or more groups of people at one or more locations are affected with a communicable disease and that the groups ability to move freely in the general population is likely to cause death or seriously impair the health of others, the Mayor may, by written order, direct the removal or detention of any such group for the purpose of isolation, quarantine, or treatment. The order shall state the bounds of the area subject to the order, and the person or persons executing the order shall inform, by reasonable means, all persons within the bounds of the detention area of the contents of the order and post a copy of the order in a conspicuous place in the bounds of the detention area.  (Aug. 11, 1939, ch. 601,  3; Aug. 8, 1946, 60 Stat. 919, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Oct. 17, 2002, D.C. Law 14-194,  902(b), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-119. 1973 Ed.,  6-119a. Section References This section is referenced in  7-134 and  7-137. Effect of Amendments D.C. Law 14-194 rewrote the section which had read as follows:  7-133. Persons believed to be carriers of communicable diseasesOrder for removal. Whenever the Director of the Department of Human Services has probable cause to believe that any person is affected with any communicable disease or is a carrier of communicable disease and that the continuance of such person in the place where he may be is likely to be dangerous to the lives or health of other persons, or that by reason of the noncooperation or carelessness of such person the public health is likely to be endangered, the Director of the Department of Human Services may by written order direct the removal by any designated officer or employee of the Department of Human Services or by any member of the Metropolitan Police force of such person to and the detention of such person in any place or institution in the District of Columbia designated by the Director of the Department of Human Services, or any institution located without the District of Columbia which may be designated by the Director of the Department of Human Services, and which is under the supervision of the government of the District of Columbia or any agency thereof. Such officer, employee, or member so designated in such order shall take such person into his custody and shall remove such person to such place or institution as may be designated in such order. Such officer, employee, or member shall immediately make known to such person the contents of such order, and also shall deliver to such person a true copy of such order. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Health Department abolished: See Historical and Statutory Notes following  7-180.
 7134. Persons believed to be carriers of communicable diseases  Detention; expiration of order; continuation; hearing on detention; minors. (a) A copy of the order provided for in  7-133 shall be delivered to the person in charge of any place or institution where a person or group of persons has been taken or detained, or, if the place of detention is a residence, to any person of suitable age and discretion then present in the residence. The order shall constitute the authority for detention until the order expires. The order shall expire within 24 hours of its issuance unless a judge of the Superior Court of the District of Columbia continues its force and effect for a longer period. The judge shall continue the force and effect of an order if the judge finds that probable cause exists to believe that the detained persons presence in the general population is likely to cause death or seriously impair the health of others. (b) If a judge continues an order, any person or group of persons detained pursuant to the order may petition for a hearing to determine whether the person or group of persons is affected with a communicable disease, and, if the person or group of persons is affected with a communicable disease, whether release of the person or group of persons into the general population is likely to cause death or seriously impair the health of others. The hearing shall take place as soon as practicable, but no later than 10 days after the court receives the petition.  (Aug. 11, 1939, ch. 601,  4; Aug. 8, 1946, 60 Stat. 919, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Oct. 17, 2002, D.C. Law 14-194,  902(c), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-120. 1973 Ed.,  6-119b. Section References This section is referenced in  7-136. Effect of Amendments D.C. Law 14-194 rewrote the section. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7135. Persons believed to be carriers of communicable diseases  Examination; diagnosis; detention for quarantine; discharge; public hearing. (a) The Mayor shall cause to be conducted, by medical personnel designated by the Mayor, medical examinations of all detained persons to determine whether any detained person is affected with a communicable disease and immediately discharge any person who is not affected with a communicable disease. The diagnosis resulting from the examination shall be in writing and signed by the examining physician. A copy of the signed diagnosis shall be retained by any person in charge of the place or institution of detention, or, if the place of detention is a residence, by any person of suitable age and discretion who resides there. A copy of the signed diagnosis also shall be given to the detained person for whom the diagnosis was made. Another copy of the signed diagnosis shall be transmitted to the appropriate health official as designated by the Mayor. (b) A person who has been diagnosed as being affected with a communicable disease may be detained for as long as necessary to protect the public health. A person detained pursuant to this subsection may at any time petition the Superior Court of the District of Columbia for a discharge hearing. A person detained pursuant to this subsection who chooses to petition the Superior Court of the District of Columbia for a discharge hearing shall be provided with counsel if the person detained cannot afford counsel.  (Aug. 11, 1939, ch. 601,  5; Aug. 8, 1946, 60 Stat. 920, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Feb. 21, 1986, D.C. Law 6-83,  3(c), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194,  902(d), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-121. 1973 Ed.,  6-119c. Section References This section is referenced in  7-136 and  7-137. Effect of Amendments D.C. Law 14-194 rewrote the section. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7136. Persons believed to be carriers of communicable diseases  Leaving detention without discharge. It shall be unlawful for a person detained in a place or institution pursuant to an order of the Mayor to leave said place or institution unless discharged in the manner provided in  7-134 or 7-135.  (Aug. 11, 1939, ch. 601,  6; Aug. 8, 1946, 60 Stat. 921, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Oct. 17, 2002, D.C. Law 14-194,  902(e), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  44(a), 51 DCR 881.)  Prior Codifications 1981 Ed.,  6-122. 1973 Ed.,  6-119d. Section References This section is referenced in  7-140. Effect of Amendments D.C. Law 14-194 substituted Mayor for Director of the Department of Human Services. D.C. Law 15-105 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7137. Persons believed to be carriers of communicable diseases  Arrest. (a) In aid of the powers vested in the Mayor to cause the removal to and detention in a place or institution of a person who is affected or is believed, upon probable cause, to be affected with any communicable disease or is or is believed, upon probable cause, to be a carrier of communicable disease as provided in this subchapter, the Superior Court of the District of Columbia, or any judge thereof, is authorized to issue a warrant for the arrest of such person and his removal to a place or institution as defined in  7-133, which warrant shall be directed to the Chief of Police. When such person has been removed to such place or institution under authority of a warrant issued pursuant to this section, such person shall not be discharged from such place or institution except in the manner provided in  7-135. (b) No such warrant of arrest and removal shall be issued except upon probable cause supported by affidavit or affidavits particularly describing the person to be taken, which said affidavit or affidavits shall set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. (c) A warrant may in all cases be served by the Chief of Police or by any officer or member of the Metropolitan Police, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (d) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. (e) A warrant must be returned to the Court within 10 days after its date; after the expiration of this time the warrant, unless executed, is void. (f) It shall be the duty of the said Court to maintain and keep records of all warrants issued and the returns thereon.  (Aug. 11, 1939, ch. 601,  7; Aug. 8, 1946, 60 Stat. 921, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Oct. 17, 2002, D.C. Law 14-194,  902(f), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  44(b), 51 DCR 881.)  Prior Codifications 1981 Ed.,  6-123. 1973 Ed.,  6-119e. Effect of Amendments D.C. Law 14-194, in subsec. (a), substituted Mayor for Director of the Department of Human Services. D.C. Law 15-105, in subsec. (a), validated a previously made technical correction. Editor's Notes Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated Deputy Chief of Police, Executive Officer; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated Deputy Chief of Police, Chief of Detectives; and each other Assistant Superintendent of the Metropolitan Police was designated Deputy Chief of Police by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7138. Access to building for inspection. The Mayor may, without fee or hindrance, enter, examine, and inspect all vessels, premises, grounds, structures, buildings, and every part thereof in the District of Columbia for the purpose of carrying out the provisions of this subchapter and the rules and regulations issued hereunder. The owner or his agent or representative and the lessee or occupant of any such vessel, premises, grounds, structure, or building, or part thereof, and every person having the care and management thereof shall at all times when required by any such officer or employee give them free access thereto and refusal so to do shall be punishable as a violation of this subchapter.  (Aug. 11, 1939, ch. 601,  8; Aug. 8, 1946, 60 Stat. 921, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Feb. 21, 1986, D.C. Law 6-83,  3(d), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194,  902(g), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  44(c), 51 DCR 881.)  Prior Codifications 1981 Ed.,  6-124. 1973 Ed.,  6-119f. Section References This section is referenced in  7-140. Effect of Amendments D.C. Law 14-194 substituted Mayor for Director of the Department of Human Services. D.C. Law 15-105 validated a previously made technical correction. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7139. Interference unlawful. It shall be unlawful for any person knowingly to obstruct, resist, oppose, or interfere with any person performing any duty or function under the authority of this subchapter or any rule or regulation promulgated thereunder.  (Aug. 11, 1939, ch. 601,  9; Aug. 8, 1946, 60 Stat. 922, ch. 871,  2; Feb. 21, 1986, D.C. Law 6-83,  3(e), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-125. 1973 Ed.,  6-119g. Section References This section is referenced in  7-140. Emergency Legislation  For temporary (90 days) creation contact tracing hiring requirements, see  506 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) creation contact tracing hiring requirements, see  506 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).  Temporary Legislation  For temporary (225 days) creation contact tracing hiring requirements, see  506 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) creation of  7-139.01, see  506 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 7140. Violation of  7-136,  7-138, or  7-139, or rules or regulations promulgated thereunder. Any person who willfully violates  7-136, 7-138, or 7-139 or who willfully discloses, receives, uses, or permits the use of information in violation of  7-131(b) shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both. Any person who willfully violates any rule or regulation issued pursuant to this subchapter shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000, imprisonment for not more than 30 days, or both. All prosecutions for violations of  7-136, 7-138 or 7-139 or the rules and regulations issued pursuant to this subchapter shall be in the Criminal Division of the Superior Court of the District of Columbia, in the name of the District of Columbia upon information filed by the Corporation Counsel of the District of Columbia or any of his assistants. The Court may impose conditions upon any person found guilty under the aforesaid provisions and so long as such person shall comply therewith to the satisfaction of the Court the imposition or execution of sentence may be suspended for such period as the Court may direct; and the Court may at or before the expiration of such period vacate such sentence or cause it to be executed. Conditions thus imposed by the Court may include submission to medical and mental examination, diagnosis, and treatment by proper public health and welfare authorities or by any licensed physician approved by the Court, and such other terms and conditions as the Court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant.  (Aug. 11, 1939, ch. 601,  10; Aug. 8, 1946, 60 Stat. 922, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Feb. 21, 1986, D.C. Law 6-83,  3(f), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194,  902(h), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-126. 1973 Ed.,  6-119h. Effect of Amendments D.C. Law 14-194 deleted the last sentence in the section which had read as follows: The Director of the Department of Human Services of the District of Columbia, the Metropolitan Police force, and employees of the Department of Human Services are authorized and directed to perform such duties as may be directed by the Court in effectuating compliance with the conditions so imposed upon any defendant. Editor's Notes Board of Public Welfare abolished: The Board of Public Welfare was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by  401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 58 as amended, redesignated as Organization Order No. 140 and amended, established under the direction and control of a Commissioner, a Department of Public Welfare, headed by a Director with the purpose of planning, implementing and directing public welfare programs. Reorganization Order No. 58 provided that the previously existing Board of Public Welfare would be abolished. That Order also transferred specified functions of the former board to the Department of Public Health and the Department of Public Welfare. Functions of the Department of Public Welfare and of the Department of Public Health as set forth in Organization Order Nos. 140 and 141, respectively, were transferred to the Director of the Department of Human Resources by Commissioners Order No. 69-96, dated March 7, 1969, as amended by Commissioners Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980. Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(136) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7141. Exemption for persons relying on spiritual means to cure disease. With respect to all persons who, either on behalf of themselves or their minor children or wards, rely in good faith upon spiritual means or prayer in the free exercise of religion to prevent or cure disease, nothing in this subchapter or any rule or regulation issued pursuant to this subchapter shall have the effect of requiring or giving any health officer or other person the right to compel any such person, minor child or ward, to go to or be confined in a hospital or other medical institution unless no other place for quarantine of such person, minor child or ward can be secured, nor to compel any such person, child or ward to submit to any medical treatment.  (Aug. 11, 1939, ch. 601,  11; Aug. 8, 1946, 60 Stat. 922, ch. 871,  2; Feb. 21, 1986, D.C. Law 6-83,  3(g), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-127. 1973 Ed.,  6-119i.
 7142. Director of the Department of Human Services defined. [Repealed] Repealed.  (Aug. 11, 1939, ch. 601,  12; Aug. 8, 1946, 60 Stat. 922, ch. 871,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Oct. 17, 2002, D.C. Law 14-194,  904, 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-128. 1973 Ed.,  6-119j. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7143. Immediate treatment of minor with venereal disease. [Repealed] Repealed.  (Feb. 21, 1986, D.C. Law 6-83,  7(a), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-129.
 7144. Construction. Each and every provision of this subchapter shall be constructed liberally in aid of the powers vested in the public authorities looking to the protection of the public health, comfort, and welfare and not by way of limitation.  (Aug. 11, 1939, ch. 601,  14; Aug. 8, 1946, 60 Stat. 922, ch. 871,  2; Oct. 11, 1963, 77 Stat. 246, Pub. L. 88-137,  1.)  Prior Codifications 1981 Ed.,  6-130. 1973 Ed.,  6-119k. Cross References Medical care and treatment, requirement to obtain, see  38-606.
 7161. Mandatory adverse event reporting. (a) For the purposes of this section, the term: (1) Adverse event means an event, occurrence, or situation involving the medical care of a patient by a health care provider that results in death or an unanticipated injury to the patient. (2) "Healthcare provider" means an individual or entity licensed or otherwise authorized under District law to provide healthcare service, including a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioner's office, long-term care facility, behavior health residential treatment facility, health clinic, clinical laboratory, health center, maternity center, physician, physician assistant, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, certified midwife, certified professional midwife, psychologist, certified social worker, registered dietitian or nutrition professional, physical or occupational therapist, pharmacist, or other individual health care practitioner. (3) Medical facility means a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioners office, long-term care facility, behavior health residential treatment facility, health clinic, clinical laboratory, or health center. (4) Primary health record means the record of continuing care maintained by a health professional, group practice, or health care facility or agency containing all diagnostic and therapeutic services rendered to an individual patient by the health professional, group practice, or health care facility, or agency. (b) On or before July 1, 2007, the Mayor shall establish, within the Department of Health, a centralized system for the collection and analysis of adverse events in the District of Columbia. (c) The Mayor shall appoint an employee of the Department of Health to administer the system, whose responsibilities shall include: (1) Collecting, organizing, and storing data on adverse events occurring at medical facilities in the District of Columbia; (2) Tracking, assessing, and analyzing the incoming reports, findings, and corrective action plans; (3) Identifying common adverse event patterns or trends; (4) Recommending methods to reduce systematic adverse events; (5) Providing technical assistance to healthcare providers and medical facilities on the development and implementation of patient safety plans to prevent adverse events; (6) Disseminating information and advising healthcare providers and medical facilities in the District of Columbia on medical best practices; (7) Monitoring national trends in best practices and disseminating relevant information and advice to healthcare providers and medical facilities in the District of Columbia; and (8) Publishing an annual report that includes summary data of the number and types of adverse events of the prior calender year by type of healthcare providers and medical facility, rates of change, and other analyses and communicating recommendations to improve health care delivery in the District of Columbia. (d)(1) Pursuant to this section, healthcare providers and medical facilities providing services in the District of Columbia shall submit a report of an adverse event to the system administrator no later than 60 days after its occurrence, or within an earlier time frame if so promulgated by the Board of Medicine. Each report shall contain, for each adverse event, the patients full primary health record; provided, that medical information with respect to the patients identity shall be de-identified and anonymous. (2) Failure to submit a report as required by this section shall be punishable by a penalty of not less than $500 or more than $2,500. (e)(1) Except as otherwise provided by this section, the files, records, findings, opinions, recommendations, evaluations, and reports of the system administrator, information provided to or obtained by the system administrator, the identity of persons providing information to the system administrator, and reports or information provided pursuant to this section shall be confidential, shall not be subject to disclosure pursuant to any other provision of law, and shall not be discoverable or admissible into evidence in any civil, criminal, or legislative proceeding. The information shall not be disclosed by any person under any circumstances. This subsection shall not preclude use of reports or information provided under this section by a board regulating a health profession or the Mayor in proceedings by the board or the Mayor. (2) No person who provided information to the system administrator shall be compelled to testify in any civil, criminal, or legislative proceeding with respect to any confidential matter contained in the information provided to the system administrator. (3) Notwithstanding subsections (a) or (b) of this section, a court may order a system administrator to provide information in a criminal proceeding in which an individual is accused of a felony if the court determines that disclosure is essential to protect the public interest and that the information being sought can be obtained from no other source. In determining whether disclosure is essential to protect the public interest, the court shall consider the seriousness of the offense with which the individual is charged, the need for disclosure of the party seeking it, and the probative value of the information. If the court orders disclosure, the identity of any patient shall not be disclosed without the consent of the patient or his or her legal representative. (f) Implementation of this section shall be funded through the licensure fees collected by the Board of Medicine.  (Mar. 14, 2007, D.C. Law 16-263,  202, 54 DCR 807; Mar. 20, 2009, D.C. Law 17-308,  2, 56 DCR 27; Mar. 25, 2009, D.C. Law 17-353,  158(a), 56 DCR 1117; Dec. 29, 2021, D.C. Law 24-46,  3(a), 68 DCR 011642.)  Effect of Amendments D.C. Law 17-308, in subsec. (d)(1), substituted a report of an adverse event to the system administrator no later than 60 days after its occurrence, or within an earlier time frame if so promulgated by the Board of Medicine. for biannual reports on January and July 1 of each calendar year, on adverse events to the system administrator. D.C. Law 17-353 validated previously made technical corrections in subsecs. (e)(1) and (f). Delegation of Authority Delegation of Authority Pursuant to D.C. Law 16-263, the Medical Malpractice Amendment Act of 2006, see Mayors Order 2008-25, February 8, 2008 ( 55 DCR 2371).
 7151. Establishment of the Department of Public Health. There is established in the Executive Branch of the Government of the District of Columbia a Department of Public Health, which shall have as its responsibility the planning, development and implementation of the delivery of health care services to all District of Columbia residents.  (Mar. 13, 1992, D.C. Law 9-182,  2, 39 DCR 8203.)  Prior Codifications 1981 Ed.,  6-131. Emergency Legislation  For temporary (90 days) healthcare provider liability for care or treatment of COVID-19, see  707 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) healthcare provider liability for care or treatment of COVID-19, see  707 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) healthcare provider liability for care or treatment of COVID-19, see  707 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) healthcare provider liability for care or treatment of COVID-19, see  707 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).  Temporary Legislation  For temporary (225 days) healthcare provider liability for care or treatment of COVID-19, see  707 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).  Transfer of Functions Pursuant to Reorganization Plan No. 4 of 1996 each of the functions assigned, and authorities delegated to the Director of the Department of Human Services as set forth in Sections III. (K), (L), and (P), of Reorganization Plan No. 3 of 1986, dated January 3, 1987. The administrative and management support functions in the Department of Human Services as set forth in Sections III. (A), (B), (C), (D), (E), and (F), of Reorganization Plan No. 3 of 1986, dated January 3, 1987, that relate to the functions set forth in section V. (A)(1) above were transferred to the Department of Health. Mayor's Orders Establishment and Appointments  Mayors Bioterrorism Preparedness and Response Program Advisory Committee, see Mayors Order 2002-77, May 3, 2002 ( 49 DCR 4137). Establishment and Appointments  Mayors Hospital Bioterrorism Preparedness Planning Advisory Committee, see Mayors Order 2002-78, May 3, 2002 ( 49 DCR 4143). Amendment of Mayors Order 2002-77, dated 4-5-02, Establishment and Appointments  Mayors Bioterrorism Preparedness and Response Program Advisory Committee, see Mayors Order 2002-145, August 30, 2002 ( 49 DCR 8411). Amendment of Mayors Order 2002-78, dated 4-15-02, Establishment and Appointments  Mayors Hospital Bioterrorism Preparedness, see Mayors Order 2002-147, August 30, 2002 ( 49 DCR 8415).
 7152. Organization of the Department of Public Health. (a) Pursuant to subchapter VI of Chapter 3 of Title 1, the Mayor shall prepare and transmit to the Council a reorganization plan establishing a Department of Public Health no later than October 1, 1993. (b) The reorganization plan establishing the Department of Public Health shall have, at a minimum, all functions, powers and duties of the Commission on Public Health, including supportive services provided to the Commission on Public Health by the Department of Human Services Management and Support Services Division. (c) The Mayor may prepare and transmit to the Council a reorganization plan for the remaining functions of the Department of Human Services at the same time as the reorganization plan establishing the Department of Public Health is transmitted to the Council. (d) The reorganization plan establishing the Department of Public Health shall become effective no later than October 1, 1994.  (Mar. 13, 1992, D.C. Law 9-182,  3, 39 DCR 8203.)  Prior Codifications 1981 Ed.,  6-132. Transfer of Functions Pursuant to Reorganization Plan No. 4 of 1996 each of the functions assigned, and authorities delegated to the Director of the Department of Human Services as set forth in Sections III. (K), (L), and (P), of Reorganization Plan No. 3 of 1986, dated January 3, 1987. The administrative and management support functions in the Department of Human Services as set forth in Sections III. (A), (B), (C), (D), (E), and (F), of Reorganization Plan No. 3 of 1986, dated January 3, 1987, that relate to the functions set forth in section V. (A)(I) above were transferred to the Department of Health.
 7153. Appointment of Director. The Department of Public Health shall be under the supervision and direction of a Director who shall be appointed by the Mayor in accordance with subchapter X of Chapter 6 of Title 1, and subject to the advice and consent of the Council, as provided in  1-523.01.  (Mar. 13, 1992, D.C. Law 9-182,  4, 39 DCR 8203.)  Prior Codifications 1981 Ed.,  6-133.
 7154. Establishment of Public Health Coordination Advisory Committee. (a) There is established a Public Health Coordination Advisory Committee (Committee) which shall be responsible for advising the Director of the Department of Public Health, the Mayor and the Council on policy matters related to the effective and efficient coordination of the delivery of public health care services in the District of Columbia. (b) The Committee shall include: (1) The Director of the Department of Public Health who shall serve as the chairperson; (2) The Director of the Department of Mental Health or a designee; (3) The Commissioner of Social Services or a designee; (4) The Executive Director of the District of Columbia General Hospital or a designee; (5) The Executive Director of the Department of Aging and Community Living or a designee; (6) The Director of the Department of Consumer and Regulatory Affairs or a designee; (7) The President of the Doctors Council of the District of Columbia, representing employees in Compensation Unit 19, or a designee; and (8) The following persons who shall be appointed by the Mayor: (A) 1 licensed physician and 1 licensed dentist employed by a District health care facility; (B) 2 licensed nurses employed by a District health care facility; and (C) 2 consumers of health care services in the District. (c) The duties of the Committee shall include advising the Director of the Department of Public Health on the development, implementation and monitoring of a comprehensive plan to coordinate the delivery of District health care services provided by the public health clinics of the Department of Public Health and the District of Columbia General Hospital to provide a comprehensive continuum of efficient and quality health care services to District residents.  (Mar. 13, 1992, D.C. Law 9-182,  5, 39 DCR 8203; Dec. 18, 2001, D.C. Law 14-56,  116(d), 48 DCR 7674; Mar. 29, 2019, D.C. Law 22-276,  3(d), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-134. Effect of Amendments D.C. Law 14-56, in subsec. (b)(2), substituted Director of the Department of Mental Health for Commissioner of Mental Health Services. Emergency Legislation For temporary (90 day) amendment of section, see  16(d) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(d) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(d) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) amendment of section, see  16(d) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 7171. Chief Clerk and Chief Inspector not to act as deputy. After April 2, 1938, neither the Chief Clerk nor the Chief Inspector of the Department of Human Services of the District of Columbia shall act as a deputy to the Director of the Department of Human Services of said District.  (July 14, 1892, 27 Stat. 162, ch. 171,  1; April 2, 1938, 52 Stat. 153, ch. 60; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1.)  Prior Codifications 1981 Ed.,  6-107. 1973 Ed.,  6-108. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7172. Assistant Director of Public Health to be physician and discharge duties of health officer during his absence or disability. The Assistant Director of Public Health shall be a physician, and during the absence of or disability of the Director of Public Health shall act as Director of Public Health and discharge the duties incident to that position.  (Mar. 4, 1913, 37 Stat. 961, ch. 150; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1.)  Prior Codifications 1981 Ed.,  6-108. 1973 Ed.,  6-109. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7173. Inspector of Fish and Other Marine Products. The duties and the authority conferred by law upon the Inspector of Fish and Other Marine Products on May 26, 1908, are hereby vested in each of the Sanitary and Food Inspectors.  (May 26, 1908, 35 Stat. 299, ch. 198.)  Prior Codifications 1981 Ed.,  6-109. 1973 Ed.,  6-110.
 7174. Certain ordinances of Board of Health legalized  Generally; exceptions. The ordinances of the late Board of Health of the District of Columbia, as revised, amended, and adopted, November 19, 1875, entitled An ordinance to revise, consolidate, and amend the ordinances of the Board of Health, to declare what shall be deemed nuisances injurious to health, and to provide for the removal thereof, as printed in the report of said late Board of Health made to the 1st session of the 44th Congress, being Executive Document No. 1, part 8, are hereby legalized; and the respective penalties therein prescribed for violations thereof may be imposed and enforced for the respective offenses therein described, excepting the sections of said ordinance following, namely: Sections 7, 9, and 14, which said sections are not hereby legalized.  (Apr. 24, 1880, 21 Stat. 304, Res. No. 25,  1.)  Prior Codifications 1981 Ed.,  6-110. 1973 Ed.,  6-111. Section References This section is referenced in  7-175,  7-176, and  7-177.
 7175. Certain ordinances of Board of Health legalized  Titles. The ordinances, rules, and regulations of said late Board of Health contained in the report mentioned in  7-174 and printed in the said Executive Document therein mentioned, namely: (1) An ordinance to amend an ordinance to prevent domestic animals from running at large within the Cities of Washington and Georgetown, passed by the Board of Health May 19, 1871; (2) An ordinance to prevent the sale of unwholesome food, in the Cities of Washington and Georgetown; (3) An ordinance to provide for the inspection of streets, food, livestock, fish and other marine products, in the Cities of Washington and Georgetown, and to define the duties of Inspectors and other officers of the Board of Health; (4) An ordinance to amend  10 of the Code so as to read; (5) An ordinance to amend an ordinance passed May 13, 1873, to read as follows; (6) An ordinance to prevent committing or creating nuisances in or about public urinal or urinals located within the Cities of Washington and Georgetown; (7) Rules and regulations in regard to smallpox; (8) Regulations and ordinances cited in paragraphs (1) through (7) of this section are legalized and made valid; and the penalties therein provided respectively for violations thereof, may be imposed and enforced for the violations of the same respectively as provided by  27 of the ordinances passed November 19, 1875.  (Apr. 24, 1880, 21 Stat. 305, Res. No. 25,  2; Oct. 8, 1981, D.C. Law 4-34,  29(b), 28 DCR 3271.)  Prior Codifications 1981 Ed.,  6-111. 1973 Ed.,  6-112. Section References This section is referenced in  7-176 and  7-177.
 7176. Certain ordinances of Board of Health legalized  Force and effect; exemptions from enforcement; alternative sanctions; adjudication of infractions. Except as provided in  7-175, the ordinances of the late Board of Health of the District of Columbia, as legalized by  7-174 and 7-175, are hereby declared to have the same force and effect within the District of Columbia as if enacted by Congress in the 1st instance, and the powers and duties imposed upon the late Board of Health, in and by the said ordinances, are hereby conferred upon the Director of the Department of Human Services of said District, and all prosecutions for violations of said ordinances and regulations shall be in the Superior Court of the District of Columbia in the name of the said District; provided, that said regulations shall not be enforced against industries established on Aug. 7, 1894, which are not a nuisance in fact. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infractions of the late Board of Health of the District of Columbia, as legalized by  7-174 and 7-175, or any rules or regulations issued under the authority of those sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.  (Aug. 7, 1894, 28 Stat. 257, ch. 232; Apr. 1, 1942, 56 Stat. 190, ch. 207,  1; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Oct. 5, 1985, D.C. Law 6-42,  478, 32 DCR 4450.)  Prior Codifications 1981 Ed.,  6-112. 1973 Ed.,  6-113. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7177. Certain ordinances of Board of Health legalized  Alteration, amendment, or repeal. The Council of the District of Columbia is hereby authorized and empowered, in making regulations under the authority conferred by Congress, to alter, amend, or repeal any of the ordinances of the late Board of Health of said District which were legalized by  7-174 and 7-175, whenever in its judgment the public interest requires it.  (Feb. 28, 1889, 30 Stat. 1390, Joint Res. No. 21.)  Prior Codifications 1981 Ed.,  6-113. 1973 Ed.,  6-114. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(133) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7178. Reception, burial, and identification of ashes of certain cremated indigent persons. The Director of the Department of Human Services is authorized to provide and furnish proper containers for the reception, burial, and identification of the ashes of all human bodies of indigent persons that are cremated at the public crematorium, which ashes remain unclaimed after 12 months from date of such cremation.  (May 21, 1928, 45 Stat. 669, ch. 659; July 3, 1930, 46 Stat. 975, ch. 848; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1.)  Prior Codifications 1981 Ed.,  6-114. 1973 Ed.,  6-115. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7179. Dairy Inspector may act as Inspector of Livestock. Any Inspector of Dairies and Dairy Farms may act as Inspector of Livestock when directed by the Director of the Department of Human Services.  (Mar. 2, 1911, 36 Stat. 993, ch. 192; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1.)  Prior Codifications 1981 Ed.,  6-115. 1973 Ed.,  6-116. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7180. Tuberculosis Sanatoria and District of Columbia General Hospital. The following hospital and sanatoria, on and after July 1, 1937, shall be under the direction and control of the Department of Human Services of the District of Columbia and subject to the supervision of the Mayor of the District of Columbia: Tuberculosis Sanatoria and District of Columbia General Hospital.  (June 29, 1937, 50 Stat. 376, ch. 403,  1.)  Prior Codifications 1981 Ed.,  6-116. 1973 Ed.,  6-117. Emergency Legislation For temporary (90 day) amendment of section, see  3 of the District of Columbia Health and Hospitals Public Benefit Corporation Emergency Amendment Act of 2000 (D.C. Act 13-454, November 7, 2000, 47 DCR 9413). Editor's Notes Health Department abolished: The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. Prior to redesignation, the Order abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board, and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by  401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioners Order No. 69-96, dated March 7, 1969, as amended by Commissioners Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services. Tuberculosis Hospital and Gallinger Municipal Hospital abolished: The Tuberculosis Hospital and Gallinger Municipal Hospital were abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 as amended, redesignated as Organization Order No. 141 and amended, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical functions. Prior to its redesignation, the Order abolished the previously existing Gallinger Municipal Hospital and transferred all of its positions and functions to the new Department. It further provided that within the Department, the District of Columbia General Hospital would perform all functions previously performed by Gallinger Municipal Hospital. Functions of the Department of Public Health as set forth in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioners Order No. 69-96, dated March 7, 1969, as amended by Commissioners Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services. Revision of chapter: D.C. Law 4-34 repealed former Chapter 2, containing  6-201 to 6-204 [1981 Ed.], and enacted present Chapter 2 of former Title 6, containing  7-201 to 7-228 [2001 Edition], in lieu thereof. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71001. Equal access to public places. Persons with physical or mental disabilities have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places in the District of Columbia.  (Oct. 21, 1972, 86 Stat. 970, Pub. L. 92-515,  1; Apr. 24, 2007, D.C. Law 16-305,  25(a), 53 DCR 6198; Apr. 27, 2013, D.C. Law 19-291,  2(a), 60 DCR 2351.)  Prior Codifications 1981 Ed.,  6-1701. 1973 Ed.,  6-1501. Section References This section is referenced in  2-1831.03,  7-1004, and  7-1007. Effect of Amendments D.C. Law 16-305 substituted other persons with physical disabilities for the otherwise physically disabled. The 2013 amendment by D.C. Law 19-291 substituted Persons with physical or mental disabilities for The blind and other persons with physical disabilities.
 71002. Equal access to public accommodations and conveyances. (a) Persons with physical and mental disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation in the District of Columbia, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited in the District of Columbia, subject only to the conditions and limitations established by law or in accordance with law applicable alike to all persons. (b) Persons with physical or mental disabilities shall have the right to be accompanied by a service animal in any of the places, accommodations, or conveyances listed in subsection (a) of this section without being denied access because of the service animal. Such persons shall not be required to pay an extra charge for the service animal but shall be liable for any damage done to the premises or facilities by the service animal. (c) Every service animal trainer who is training an animal to be a service animal or owner of a service animal in training shall have the same access and liability conferred upon a person with physical or mental disabilities pursuant to subsection (b) of this section when accompanied by the service animal in training. (d) In making a determination that an individual qualifies under this section, a public accommodation or conveyance may make a reasonable inquiry as to an individuals need for a service animal but shall limit such inquiry to the following: (1) Whether the animal is required because of the individuals disability; (2) The function or purpose of the animal, including the task or work the animal has been trained to perform; (3) Whether the animal meets the definition of a service animal provided in  7-1009(5); and (4) Whether the animal is housebroken.  (Oct. 21, 1972, 86 Stat. 971, Pub. L. 92-515,  2; Mar. 5, 1981, D.C. Law 3-144,  2(a), 27 DCR 4659; Apr. 24, 2007, D.C. Law 16-305,  25(b), 53 DCR 6198; May 22, 2010, D.C. Law 18-146,  2(a), 57 DCR 2549; Apr. 27, 2013, D.C. Law 19-291,  2(b), 60 DCR 2351; Mar. 16, 2021, D.C. Law 23-208,  2(a), 68 DCR 000780.)  Prior Codifications 1981 Ed.,  6-1702. 1973 Ed.,  6-1502. Section References This section is referenced in  7-1004 and  7-1007. Effect of Amendments D.C. Law 16-305, in subsec. (a), substituted other persons with physical disabilities for the otherwise physically disabled. D.C. Law 18-146 added subsec. (c). The 2013 amendment by D.C. Law 19-291 substituted Persons with physical or mental disabilities for The blind and other persons with physical disabilities in (a); rewrote (b); substituted with physical or mental disabilities for who is blind or deaf in (c); and added (d).
 71003. Architectural barrier-free design requirements. [Repealed] Repealed.  (July 1, 1980, D.C. Law 3-76,  7, 27 DCR 2409; Mar. 21, 1987, D.C. Law 6-216,  12(a)(8), 34 DCR 1072.)  Prior Codifications 1981 Ed.,  6-1703.
 71004. Safety standards for drivers of motor vehicles. The driver of a vehicle in the District of Columbia approaching a blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or a deaf pedestrian, either of whom is using a dog guide shall take all necessary precautions to avoid injury to such blind or deaf pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A blind pedestrian in the District of Columbia not carrying such a cane or a deaf pedestrian, either of whom is not using a dog guide in any of the places, accommodations, or conveyances listed in  7-1001 and 7-1002 shall have all of the rights and privileges conferred by law on other persons, and the failure of such a blind pedestrian to carry such a cane or the failure of a blind or deaf pedestrian to use a dog guide in any such places, accommodations, or conveyances shall not be held to constitute nor be evidence of contributory negligence.  (Oct. 21, 1972, 86 Stat. 971, Pub. L. 92-515,  3; Mar. 5, 1981, D.C. Law 3-144,  2(b), 27 DCR 4659.)  Prior Codifications 1981 Ed.,  6-1704. 1973 Ed.,  6-1503.
 71005. Discrimination in employment prohibited. The blind and other persons with physical disabilities shall be employed by: (1) every individual, partnership, firm, association, or corporation, or the receiver, trustee, or successor thereof (exclusive of the government of the United States or any agency thereof), doing business, and employing any individual for the purpose of such business, in the District of Columbia; and (2) the government of the District of Columbia, the Board of Education of the District of Columbia, the Board of Trustees of the University of the District of Columbia, the Board of Higher Education of the District of Columbia, and the Executive Officer of the District of Columbia courts, and all other employers supported in whole or in part by appropriations for the District of Columbia, on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.  (Oct. 21, 1972, 86 Stat. 971, Pub. L. 92-515,  4; Apr. 24, 2007, D.C. Law 16-305,  25(c), 53 DCR 6198.)  Prior Codifications 1981 Ed.,  6-1705. 1973 Ed.,  6-1504. Section References This section is referenced in  7-1007. Effect of Amendments D.C. Law 16-305 substituted other persons with physical disabilities for the otherwise physically disabled.
 71006. Equal access to housing. (a) Persons with physical or mental disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in the District of Columbia, subject to the conditions and limitations established by law or in accordance with law and applicable alike to all persons. (b) Persons with physical or mental disabilities who have a service animal shall be entitled to full and equal access to all housing accommodations referred to in this section without being denied access because of the service animal. Such persons shall not be required to pay an extra charge for the service animal but shall be liable for any damage done by the service animal. (c) Nothing in this section shall require any person renting, leasing, or providing real property for compensation in the District of Columbia to modify his property in any way or to provide a higher degree of care for a blind person or person with another physical disability than for a person who does not have a physical disability. (d) In making a determination that an individual qualifies under this section, a housing provider shall limit any inquiry to the minimum information and documentation necessary to establish that an individual meets the definition of persons with physical or mental disabilities provided in  7-1009(4) by requiring that a physician or other licensed healthcare professional verify that the individual meets the definition of persons with physical or mental disabilities. A housing provider may also require a person with a disability to demonstrate a nexus between his or her disability and the function that the service animal provides. A housing provider shall not inquire further into the nature or severity of the disability. A housing provider shall not require the individual to provide a description of the disability when making an eligibility determination. A housing provider shall not require the individual to provide eligibility documentation in less than 30 days.  (Oct. 21, 1972, 86 Stat. 972, Pub. L. 92-515,  5; Mar. 5, 1981, D.C. Law 3-144,  2(c), 27 DCR 4659; Apr. 24, 2007, D.C. Law 16-305,  25(d), 53 DCR 6198; Apr. 27, 2013, D.C. Law 19-291,  2(c), 60 DCR 2351.)  Prior Codifications 1981 Ed.,  6-1706. 1973 Ed.,  6-1505. Section References This section is referenced in  7-1007. Effect of Amendments D.C. Law 16-305, in subsec. (a), substituted persons with physical disabilities for physically disabled persons; and, in subsec. (c), substituted person with another physical disability for otherwise physically disabled person and does not have a physical disability for is not physically disabled. The 2013 amendment by D.C. Law 19-291 substituted Persons with physical or mental disabilities for Blind persons and other persons with physical disabilities in (a); rewrote (b); and added (d).
 71007. Penalties. (a) Any person or the agent of any person in the District of Columbia who denies or interferes with admittance to or enjoyment of any of the places, accommodations, or conveyances listed in  7-1001 and 7-1002 or otherwise interferes with the rights of a blind person or person with another physical disability under  7-1001,  7-1002,  7-1005, or  7-1006 shall be imprisoned for not longer than 90 days, or fined not more than $300, or both. (b) A civil fine of $250 may be imposed as an alternative sanction for any infraction of the provisions of this chapter pursuant to Chapter 18 of Title 2 [ 2-1801.01 et seq.]. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 [ 2-1801.01 et seq.]. (c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], may issue rules to increase the fine in subsection (b) of this section.  (Oct. 21, 1972, 86 Stat. 972, Pub. L. 92-515,  6; Apr. 24, 2007, D.C. Law 16-305,  25(e), 53 DCR 6198; May 22, 2010, D.C. Law 18-146,  2(b), 57 DCR 2549.)  Prior Codifications 1981 Ed.,  6-1707. 1973 Ed.,  6-1506. Section References This section is referenced in  2-1831.03. Effect of Amendments D.C. Law 16-305 substituted person or person with another physical disability for or otherwise disabled person. D.C. Law 18-146 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
 71008. White Cane Safety Day. Each year, the Mayor of the District of Columbia shall take suitable public notice of October 15th as White Cane Safety Day. He shall issue a proclamation commenting upon the significance of the white cane, and calling upon the citizens of the District of Columbia to observe the provisions of this chapter, to be aware of the presence of persons with disabilities in the community, to keep safe and functional for persons with disabilities the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited, and to offer assistance to persons with disabilities upon appropriate occasions.  (Oct. 21, 1972, 86 Stat. 972, Pub. L. 92-515,  7; Apr. 24, 2007, D.C. Law 16-305,  25(f), 53 DCR 6198.)  Prior Codifications 1981 Ed.,  6-1708. 1973 Ed.,  6-1507. Effect of Amendments D.C. Law 16-305 substituted persons with disabilities for disabled persons and the disabled. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71009. Definitions. For the purposes of this chapter: (1) The term blind person means, and the term blind refers to, a person who is totally blind, has impaired vision of not more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or who has loss of vision due wholly or in part to impairment of field vision or to other factors which affect the usefulness of vision to a like degree. (2) The term deaf person means a person who is totally deaf or a person with hearing impairment that severely interferes with his or her ability to hear environmental noises. (3) The term guide dog means a dog that is specially trained to assist a blind or deaf person and one which a blind or deaf person relies on for assistance. (4) The term persons with physical or mental disabilities refers to an individual who has a medically determinable physical or mental impairment that substantially limits the ability of one to assist ones self, to perform manual tasks, to engage in an occupation, to live independently, to walk, to see, or to hear. (5) The term service animal means an animal, permitted in the District under  8-1808(h)(1), including a guide dog, that is specially trained to assist a person who meets the definition of persons with physical or mental disabilities, and is one which a person with physical or mental disabilities relies on for disability-related assistance. The term also includes an animal in training by an organization that provides service animals to persons with physical or mental disabilities. The term does not encompass an animal whose sole purpose is to serve as a crime deterrent or that serves solely as a companion. (6) The term service animal in training means an animal that is: (A) At least 6 months of age; (B) Undergoing special training to assist persons with physical or mental disabilities; (C) Accompanied by an experienced service animal trainer or the animal's owner; and (D) Designated as a service animal in training by wearing a harness, backpack, or vest that identifies it as a service animal in training.  (Oct. 21, 1972, 86 Stat. 972, Pub. L. 92-515,  8; Mar. 5, 1981, D.C. Law 3-144,  2(d), 27 DCR 4659; Apr. 24, 2007, D.C. Law 16-305,  25(g), 53 DCR 6198; May 22, 2010, D.C. Law 18-146,  2(c), 57 DCR 2549; Apr. 27, 2013, D.C. Law 19-291,  2(d), 60 DCR 2351; Mar. 16, 2021, D.C. Law 23-208,  2(b), 68 DCR 000780.)  Prior Codifications 1981 Ed.,  6-1709. 1973 Ed.,  6-1508. Section References This section is referenced in  7-1002,  7-1006, and  7-2502.03. Effect of Amendments D.C. Law 16-305, in par. (4), substituted person with a physical disability for otherwise physically disabled. D.C. Law 18-146 added pars. (5) and (6). The 2013 amendment by D.C. Law 19-291 rewrote (4) and (5); and substituted persons with physical or mental disabilities for a person who is blind or has a physical disability in (6)(B).
 71051.01. Definitions. [Not Funded] Not Funded.  (July 27, 2018, D.C. Law 22-151,  2, 65 DCR 6123; Nov. 13, 2021, D.C. Law 24-45,  7165, 68 DCR 010163.)  Applicability Applicability of D.C. Law 22-151:  5 of D.C. Law 22-151 provided that the creation of this section by  2 of D.C. Law 22-151 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71051.02. Hearing Aid Assistance Program. [Not Funded] Not Funded.  (July 27, 2018, D.C. Law 22-151,  3, 65 DCR 6123; Nov. 13, 2021, D.C. Law 24-45,  7165, 68 DCR 010163.)  Applicability Applicability of D.C. Law 22-151:  5 of D.C. Law 22-151 provided that the creation of this section by  3 of D.C. Law 22-151 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71101. Authority to enter into Compact. The Mayor of the District of Columbia is hereby authorized to enter into and execute on behalf of the District of Columbia an agreement with any state or states legally joining therein in the form substantially as set forth in this section.  THE INTERSTATE COMPACT ON MENTAL HEALTH Article I Purpose and Findings The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. ARTICLE II DEFINITIONS As used in this compact: (a) Sending state shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. (b) Receiving state shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. (c) Institution shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency, and shall include Saint Elizabeths Hospital in the District of Columbia. (d) Patient shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. (e) After-care shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release. (f) Mental illness shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community. (g) Mental deficiency shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein. (h) State shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE III ELIGIBILITY AND PLACEMENT OF PATIENTS (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patients full record with due regard for the location of the patients family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. ARTICLE IV AFTER-CARE OR SUPERVISION IN THE RECEIVING STATE (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patients intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients. ARTICLE V ESCAPE OF DANGEROUS OR POTENTIALLY DANGEROUS PATIENTS Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law. ARTICLE VI TRANSPORTING PATIENTS THROUGH PARTY STATES The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. ARTICLE VII PAYMENT OF COSTS (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. ARTICLE VIII GUARDIANS (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patients guardian on his own behalf or in respect of any patient for which he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term guardian as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient. ARTICLE IX INAPPLICABILITY OF COMPACT TO PERSONS SUBJECT TO PENAL SENTENCE; POLICY AGAINST PLACEMENT OF PATIENTS IN PRISONS OR JAILS (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. ARTICLE X COMPACT ADMINISTRATORS (a) Each party state shall appoint a compact administrator who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XI SUPPLEMENTARY AGREEMENTS The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. ARTICLE XII EFFECTIVE DATE OF COMPACT This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. ARTICLE XIII WITHDRAWAL FROM COMPACT (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of this compact. (b) Withdrawal from any agreement permitted by Article XII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. ARTICLE XIV CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.  (Apr. 26, 1972, 86 Stat. 126, Pub. L. 92-280,  2.)  Prior Codifications 1981 Ed.,  6-1801. 1973 Ed.,  6-1601. References in Text The reference to Article XII(b), in Article XIII(b), should probably be a reference to Article VII(b).. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section. Complementary Legislation: Ala.Code 1975,   22-55-1 to 22-55-4. AlaskaAS 47.30.880. Ark.A.C.A.  20-50-101 to 20-50-106. Colo.Wests C.R.S.A.  24-60-1001 to 24-60-1006. Conn.C.G.S.A.  17a-615 to 17a-618. Del.16 Del.C.  6101 to 6105. D.C.D.C. Official Code, 2001 Ed.  7-1101 to 7-1106. Fla.Wests F.S.A.  394.479 to 394.484. Ga. O.C.G.A.  37-10-1 to 37-10-3. HawaiiH R S  335-1 to 335-5. IdahoI.C.  66-1201 to 66-1205. Ill.S.H.A. 45 ILCS 40/0.01 to 40/5. Ind.Wests A.I.C. 12-28-2-1 to 12-28-2-4. IowaI.C.A.  221.1 to 221.6. Kan.K.S.A. 65-3101 to 65-3106. Ky.KRS 210.520 to 210. 550. La.LSA-R.S. 28:721 to 28:726. Maine34-B M.R.S.A.  9001 to 9014. Md.Code, Health-General,  11-102 to 11-107. Mass.M.G.L.A. c. 123 App.,  1-1 to 1-4. Mich.M.C.L.A.  330.1920 to 330.1930. Minn.M.S.A.  245.51 to 245.53. Mo.V.A.M.S.  630.810 to 630.835. Mt.M.C.A. 53-22-101 to 53-22-106. Neb.R.R.S. 1943,  83-801 to 83-806. N.H.RSA 135-A:1 to 135-A:6. N.J.N.J.S.A. 30:7B-1 to 30:7B-18. N.M.NMSA 1978,  11-7-1 to 11-7-5. N.Y.McKinneys Mental Hygiene Law,  67.07. N.C.G.S.  122C-361 to 122C-366. N.D.NDCC 25-11-01 to 25-11-06. OhioR.C.  5119.50 to 5119.53. Okl.43A Okl.St.Ann.  6-201 to 6-205. Ore.ORS 428.310 to 428.330. Pa.62 P.S.  1121 to 1126. R.I.Gen.Laws. 1956,  40.1-9-1 to 40.1-9-3. S.C.Code 1976,  44-25-10 to 44-25-60. S.D.SDCL 27A-6-1 to 27A-6-5. Tenn.T.C.A.  33-9-201 to 33-9-207. Tex.V.T.C.A., Health & Safety Code  612.001 to 612.007. UtahU.C.A. 1953, 62A-15-801, 62A-15-802. Vt.18 V.S.A.  9001 to 9014. Wash.Wests RCWA 72.27.010 to 72.27.070. W.Va.Code, 27-14-1 to 27-14-5. Wis.W.S.A. 51.75. Wyo.Wyo.Stat.Ann.  25-10-301 to 25-10-305.
 71102. Compact administrator authorized. Pursuant to this Compact, the Director of the Department of Mental Health shall be the Compact Administrator and, acting jointly with like officers of party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the Compact. The Compact Administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of the District of Columbia in facilitating the proper administration of the Compact or of any supplementary agreement or agreements entered into by the District thereunder.  (Apr. 26, 1972, 86 Stat. 130, Pub. L. 92-280,  3; Dec. 18, 2001, D.C. Law 14-56,  116(e), 48 DCR 7674.)  Prior Codifications 1981 Ed.,  6-1802. 1973 Ed.,  6-1602. Effect of Amendments D.C. Law 14-56, in subsec. (e), substituted the Director of the Department of Mental Health shall be the Compact Administrator and, for the Mayor of the District of Columbia is hereby authorized and empowered to designate an officer who shall be the Compact Administrator and who,. Emergency Legislation For temporary (90 day) amendment of section, see  16(e) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(e) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(e) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) amendment of section, see  16(e) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). References in Text The Compact, referred to throughout the section, is set forth in  7-1101. Editor's Notes Designation of Compact Administrator: The Director, Department of Human Resources, was designated Compact Administrator for the District of Columbia by Commissioners Order No. 72-241A, dated September 20, 1972. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71103. Supplementary agreements. The Compact Administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of party states pursuant to Articles VII and XI of the Compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of the District of Columbia or require or contemplate the provision of any service by the District of Columbia, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.  (Apr. 26, 1972, 86 Stat. 130, Pub. L. 92-280,  4.)  Prior Codifications 1981 Ed.,  6-1803. 1973 Ed.,  6-1603. References in Text The Compact, referred to at the end of the first sentence, is set forth in  7-1101.
 71104. Discharge of financial obligations. The Compact Administrator, subject to the approval of the Mayor or his designated agent, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the District of Columbia by the Compact or by any supplementary agreement entered into thereunder.  (Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280,  5.)  Prior Codifications 1981 Ed.,  6-1804. 1973 Ed.,  6-1604. References in Text The Compact, referred to near the end of the section, is set forth in  7-1101. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71105. Consultation concerning proposed transferee. The Compact Administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in the District of Columbia to an institution in a party state, to take no final action without approval of the Superior Court of the District of Columbia.  (Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280,  6.)  Prior Codifications 1981 Ed.,  6-1805. 1973 Ed.,  6-1605.
 71106. Distribution of copies of chapter. Duly authorized copies of this chapter shall, upon its approval, be transmitted by the Mayor or his designated agent to the Governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments.  (Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280,  7.)  Prior Codifications 1981 Ed.,  6-1806. 1973 Ed.,  6-1606. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia, and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71121. Psychology Interjurisdictional Compact. The Mayor is authorized to execute, on behalf of the District of Columbia, a Psychology Interjurisdictional Compact (PSYPACT) in the form substantially as follows: ARTICLE I  PURPOSE (a) Whereas, states license psychologists, in order to protect the public through verification of education, training, and experience and to ensure accountability for professional practice. (b) Whereas, this Compact is intended to regulate the day to day practice of telepsychology (that is, the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority. (c) Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority. (d) Whereas, this Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state. (e) Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety. (f) Whereas, this Compact does not apply when a psychologist is licensed in both the home and receiving states. (g) Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice. (h) Whereas, consistent with these principles, this Compact is designed to achieve the following purposes and objectives: (1) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services in a state in which the psychologist is not licensed to practice psychology; (2) Enhance the states' ability to protect the public's health and safety, especially client/patient safety; (3) Encourage the cooperation of compact states in the areas of psychology licensure and regulation; (4) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history; (5) Promote compliance with the laws governing psychological practice in each compact state; and (6) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses. ARTICLE II  DEFINITIONS (a) "Adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. (b) "Association of State and Provincial Psychology Boards" or "ASPPB" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. (c) "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another compact state. (d) "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct. (e) "Client/Patient" means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, or consulting services. (f) "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to Article X. (g) "Compact state" means a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B. (h) "Coordinated licensure information system" or "Coordinated database" means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. (i) "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes. (j) "Day" means any part of a day in which psychological work is performed. (k) "Distant state" means the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. (l) "E.Passport" means a certificate issued by the Association of State and Provincial Psychology Boards ("ASPPB") that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. (m) "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. (n) "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed. (o) "Identity history summary" means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. (p) "In-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies. (q) "Interjurisdictional Practice Certificate" or "IPC" means a certificate issued by the Association of State and Provincial Psychology Boards ("ASPPB") that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily and verification of one's qualifications for such practice. (r) "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. (s) "Non-compact state" means a state that is not at the time a compact state. (t) "Psychologist" means an individual licensed for the independent practice of psychology. (u) "Psychology Interjurisdictional Compact Commission" or "Commission" means the national administration of which all compact states are members. (v) "Receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered. (w) "Rule" means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule. (x) "Significant investigatory information" means: (1) Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or (2) Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond. (y) "State" means a state, commonwealth, territory, or possession of the United States, and the District of Columbia. (z) "State psychology regulatory authority" means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology. (aa) "Telepsychology" means the provision of psychological services using telecommunication technologies. (bb) "Temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state. (cc) "Temporary in-person, face-to-face practice" means where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state. ARTICLE III  HOME STATE LICENSURE (a) The home state shall be a compact state where a psychologist is licensed to practice psychology. (b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact. (c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact. (d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this Compact. (e) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state: (1) Currently requires the psychologist to hold an active E.Passport; (2) Has a mechanism in place for receiving and investigating complaints about licensed individuals; (3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; (4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the Compact; and (5) Complies with the bylaws and rules of the Commission. (f) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state: (1) Currently requires the psychologist to hold an active IPC; (2) Has a mechanism in place for receiving and investigating complaints about licensed individuals; (3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; (4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the Compact; and (5) Complies with the bylaws and rules of the Commission. ARTICLE IV COMPACT  COMPACT PRIVILEGE (a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact. (b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must: (1) Hold a graduate degree in psychology from an institute of higher education that was at the time the degree was awarded: (A) Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or (B) A foreign college or university deemed to be equivalent to subparagraph (A) of this paragraph by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services ("NACES") or by a recognized foreign credential evaluation service; (2) Hold a graduate degree in psychology that meets the following criteria: (A) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists. (B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution. (C) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. (D) The program must consist of an integrated, organized sequence of study. (E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities. (F) The designated director of the program must be a psychologist and a member of the core faculty. (G) The program must have an identifiable body of students who are matriculated in that program for a degree. (H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology. (I) The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree. (J) The program shall include an acceptable residency as defined by the rules of the Commission; (3) Possess a current, full, and unrestricted license to practice psychology in a home state that is a compact state; (4) Have no history of adverse action that violates the rules of the Commission; (5) Have no criminal record history reported on an identity history summary that violates the rules of the Commission; (6) Possess a current, active E.Passport; (7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background, and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and (8) Meet other criteria as defined by the rules of the Commission. (c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology. (d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission. (e) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology. ARTICLE V  TEMPORARY AUTHORIZATION TO PRACTICE (a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact. (b) To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must: (1) Hold a graduate degree in psychology from an institute of higher education that was at the time the degree was awarded: (A) Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or (B) A foreign college or university deemed to be equivalent to subparagraph (A) of this paragraph by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; (2) Hold a graduate degree in psychology that meets the following criteria: (A) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists. (B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution. (C) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. (D) The program must consist of an integrated, organized sequence of study. (E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities. (F) The designated director of the program must be a psychologist and a member of the core faculty. (G) The program must have an identifiable body of students who are matriculated in that program for a degree. (H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology. (I) The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree. (J) The program shall include an acceptable residency as defined by the rules of the Commission; (3) Possess a current, full, and unrestricted license to practice psychology in a home state that is a compact state; (4) No history of adverse action that violate the rules of the Commission; (5) No criminal record history that violates the rules of the Commission; (6) Possess a current, active IPC; (7) Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and (8) Meet other criteria as defined by the rules of the Commission. (c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state. (d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission. (e) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state is restricted, suspended, or otherwise limited, the IPC shall be revoked and the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice. ARTICLE VI  CONDITIONS OF TELESYCHOLOGY PRACTICE IN A RECEIVING STATE  A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, under the following circumstances: (1) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and (2) Other conditions regarding telepsychology as determined by rules promulgated by the Commission. ARTICLE VII  ADVERSE ACTIONS (a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state. (b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice. (c)(1) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked. (2) All home state disciplinary orders that impose adverse action shall be reported to the Commission in accordance with rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission. (3) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission. (4) Other actions may be imposed as determined by rules promulgated by the Commission. (d) A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license. (e) A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the Home state. In such cases, distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice. (f) Nothing in this Compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program. (g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c) of this article. ARTICLE VII  ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATOR AUTHORITY  In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this Compact to: (1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state's psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and (2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice. (3) During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new Home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states. ARTICLE IX  COORDINATED LICENSURE INFORMATION SYSTEM (a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all compact states as defined by rules of the Commission. (b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated licensure information system on all licensees as required by rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Significant investigatory information; (4) Adverse actions against a psychologist's license; (5) An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked; (6) Non-confidential information related to alternative program participation information; (7) Any denial of application for licensure, and the reasons for such denial; and (8) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (c) The coordinated licensure information system administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state. (d) Compact states reporting information to the coordinated licensure information system may designate information that may not be shared with the public without the express permission of the compact state reporting the information. (e) Any information submitted to the coordinated licensure information system that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated licensure information system. ARTICLE X  ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION (a) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission: (1) The Commission is a body politic and an instrumentality of the Compact States. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (b) Membership, voting, and meetings: (1) The Commission shall consist of one voting representative appointed by each compact state who shall serve as that state's Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to: (A) An Executive Director, Executive Secretary, or similar executive; (B) A current member of the state psychology regulatory authority of a compact state; or (C) A designee empowered with the appropriate delegate authority to act on behalf of the compact state. (2) Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. A vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists. (3) Each Commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication. (4) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI. (6) The Commission may convene in a closed, non-public meeting if the Commission must discuss: (A) Non-compliance of a compact state with its obligations under the Compact; (B) The employment, compensation, discipline or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation against the Commission; (D) Negotiation of contracts for the purchase or sale of goods, services, or real estate; (E) Accusation against any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigatory records compiled for law enforcement purposes; (I) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or (J) Matters specifically exempted from disclosure by federal and state statute. (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction. (c) The Commission shall, by a majority vote of the Commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including: (1) Establishing the fiscal year of the Commission; (2) Providing reasonable standards and procedures for: (A) The establishment and meetings of other committees; and (B) Governing any general or specific delegation of any authority or function of the Commission; (3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed; (4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; (6) Promulgating a Code of Ethics to address permissible and prohibited activities of Commission members and employees; (7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment or reserving of all of its debts and obligations; (8) The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the compact states; (9) The Commission shall maintain its financial records in accordance with the bylaws; and (10) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws. (d) The Commission shall have the authority to: (1) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all compact states; (2) Bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected; (3) Purchase and maintain insurance and bonds; (4) Borrow, accept, or contract for services of personnel, including employees of a compact state; (5) Hire employees, elect, or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (6) Accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided, that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest; (7) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided, that at all times the Commission shall strive to avoid any appearance of impropriety; (8) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (9) Establish a budget and make expenditures; (10) Borrow money; (11) Appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact or the bylaws; (12) Provide and receive information from, and to cooperate with, law enforcement agencies; (13) Adopt and use an official seal; and (14) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice. (e)(1) The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact. (2) The Executive Board shall be comprised of 6 members: (A) Five voting members who are elected from the current membership of the Commission by the Commission; and (B) One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities. (3) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization. (4) The Commission may remove any member of the Executive Board as provided in the bylaws. (5) The Executive Board shall meet at least annually. (6) The Executive Board shall have the following duties and responsibilities: (A) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by compact states such as annual dues, and any other applicable fees; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor compact compliance of member states and provide compliance reports to the Commission; (F) Establish additional committees as necessary; and (G) Other duties as provided in rules or bylaws. (f)(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The Commission may accept from all appropriate revenue sources, donations and grants of money, equipment, supplies, materials, and services. (3) The Commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all compact states. (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state. (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. (g)(1) The members, officers, Executive Director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The Commission shall defend any member, officer, Executive Director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. ARTICLE XI  RULEMAKING (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state. (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: (1) On the website of the Commission; and (2) On the website of each compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules. (e) The Notice of Proposed Rulemaking shall include: (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or submit written comments. (f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) At least 25 persons who submit comments independently of each other; (2) A governmental subdivision or agency; or (3) A duly appointed person in an association having at least 25 members. (h)(1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. (2) All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not fewer than 5 business days before the scheduled date of the hearing. (3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (4) No transcript of the hearing is required unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses. (5) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this article. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided, that the usual rulemaking procedures provided in the Compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or compact state funds; (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) Protect public health and safety. (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. ARTICLE XII  OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT (a)(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact State pertaining to the subject matter of this Compact, which may affect the powers, responsibilities, or actions of the Commission. (3) The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or rules promulgated pursuant to this Compact. (b)(1) If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: (A) Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the Commission; and (B) Provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Mayor, the Council, and each of the compact states. (4) A Compact State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The Commission shall not bear any costs incurred by the state that is found to be in default, or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state. (6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (c)(1) Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact that arise among compact states and between compact and non-compact states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission. (d)(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. (2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Compact has its principal offices against a compact state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. ARTICLE XIII  DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS (a) The Compact shall come into effect on the date on which the Compact is enacted into law by the 7th compact state. The provisions that become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. (b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. (c) Any compact state may withdraw from this Compact by enacting a statute repealing the same. (1) A compact state's withdrawal shall not take effect until 6 months after enactment of the repealing statute. (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal. (d) Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state that does not conflict with the provisions of this Compact. (e) This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states. ARTICLE XIV  CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.  (Mar. 16, 2021, D.C. Law 23-190,  2, 68 DCR 00016.)  Applicability Section 7194 of D.C. Law 24-45 repealed section 3 of D.C. Law 23-190 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-190 has been implemented.  Section 7194 of D.C. Act 24-159 repealed section 3 of D.C. Law 23-190 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-190 has been implemented.  Applicability of D.C. Law 23-190:  3 of D.C. Law 23-190 provided that the creation of this section by  2 of D.C. Law 23-190 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71131.01. Short title. This chapter may be cited as the Department of Mental Health Establishment Amendment Act of 2001.  (Dec. 18, 2001, D.C. Law 14-56,  101, 48 DCR 7674.)  Section References This section is referenced in  7-1141.02,  7-1141.06,  7-1141.07,  7-1141.09,  7-1231.02, and  21-511. Emergency Legislation For temporary (90 day) addition of section, see  101 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71131.02. Definitions. For the purposes of this chapter, the term: (1) Behavioral health means a persons overall social, emotional, and psychological well-being and development. (1A) Behavioral health assessment means a more thorough and comprehensive examination by a mental health professional of the behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions. (1B) Behavioral Health Ombudsman or Ombudsman means the individual responsible for administering the Behavioral Health Ombudsman Program. (1C) Behavioral Health Ombudsman Program or Ombudsman Program means the program established in  7-1131.19 to provide District residents with assistance in accessing behavioral health programs and services. (1D) Behavioral health screening means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a more comprehensive examination. (1E) Business associate means any organization or person working in association with, or providing services to, a covered entity who handles or discloses Personal Health Information, as that term is interpreted in 45 CFR 160.103 pursuant to the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C.  201, note) (HIPAA). (1F) Children or youth with mental health problems means persons under 18 years of age, or persons under 22 years of age and receiving special education, youth, or child welfare services, who: (A) Have, or are at risk of having, a diagnosable mental, behavioral, or emotional disorder (including those of biological etiology) which substantially impairs the mental health of the person or is of sufficient duration to meet diagnostic criteria specified within the DSM-IV or the ICD-9-CM equivalent (and subsequent revisions), with the exception of substance abuse disorders, intellectual disability, and other developmental disorders, or seizure disorders, unless those exceptions co-occur with another diagnosable serious emotional disturbance; and (B)(i) Demonstrate either functional impairments or symptoms that significantly disrupt their academic or developmental progress or family and interpersonal relationships; or (ii) Have an emotional disturbance causing problems so severe as to require significant mental health intervention. (2) Consumers of mental health services means adults, children, or youth who seek or receive mental health services or mental health supports funded or regulated by the Department. (3) Core services agency means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services. (4) Court means the Superior Court of the District of Columbia. (5) Cultural competence means the ability of a provider to deliver mental health services and mental health supports in a manner that effectively responds to the languages, values, and practices present in the various cultures of the providers consumers of mental health services. (6) Department means the Department of Mental Health. (7) Director means the Director of the Department of Mental Health. (8) District means the District of Columbia. (9) DSM-IV means the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. (10) DSM-IV V Codes means V codes as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. (10A) DYRS means the Department of Youth Rehabilitation Services. (11) Hospital means a public or private institution, or part thereof, operating in the District and licensed to provide inpatient care and certified to provide treatment for persons with physical or mental illness. (12) ICD-9-CM means the most recent version of the International Classification of Diseases Code Manual. (13) Individual Plan of Care means the individualized service plan for a child or youth with or at risk of mental health problems, including processes for the appropriate transition of youth receiving mental health services and mental health supports from the system of care for children, youth, and their families into the system of care for adults. (14) Individual Recovery Plan means the individualized service plan for a person with mental illness. (15) Joint consent means a process established by the Department to enable all participating providers to rely on a single form in which a consumer of mental health services consents to the use of his or her protected mental health information by participating providers in the Departments organized health care arrangement, for the purposes of delivering treatment, obtaining payment for services and supports rendered, and performing certain administrative operations, such as quality assurance, utilization review, accreditation, and oversight. (16) Medical Assistance Administration means the division of the Districts Department of Health responsible for administering the Districts Medical Assistance Program. (17) Medical Assistance Program and Medicaid Program mean the program described in the Medicaid State Plan and administered by the Medical Assistance Administration pursuant to  1-307.02(b) and title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C.  1396 et seq.). (18) Mental health services means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems. (19) Mental health supports means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems. (19A) Oak Hill Youth Center means the secure juvenile facility currently operated by DYRS in Laurel, Maryland. (20) Organized health care arrangement, means an organized system of health care in which more than one provider participates, and in which the participating providers hold themselves out to the public as participating in a joint arrangement, and either: (A) Participate in joint activities that include utilization review under Chapter 8 of Title 44 in which health care decisions by participating providers are reviewed by other participating providers or by a third party on their behalf; or (B) Participate in quality assessment and improvement activities under Chapter 8 of Title 44 in which mental health services or mental health supports provided by participating providers are assessed by other participating providers or by a third party on their behalf. (21) Participating provider means a provider of mental health services or mental health supports that, through participation in the joint consent promulgated by the Department pursuant to  7-1131.14(6), joins the organized health care arrangement created by the Department. (22) Partnership Council means the council appointed by the Director pursuant to  7-1131.10 to advise him or her with respect to departmental matters. (23) Personal representative means an individual, whether or not an attorney, designated by a consumer of mental health services to represent the consumers personal interests with regard to his or her mental health needs. (24) Persons with mental illness means persons who: (A) Have a diagnosable mental, behavioral, or emotional disorder (including those of biological etiology) which substantially impairs the mental health of the person or is of sufficient duration to meet diagnostic criteria specified within the DSM-IV or its ICD-9-CM equivalent (and subsequent revisions) with the exception of DSM-IV V codes, substance abuse disorders, intellectual disability, and other developmental disorders, or seizure disorders, unless those exceptions co-occur with another diagnosable mental illness; and (B)(i) Are 18 years of age or over and are not consumers of special education, youth, or child welfare services; or (ii) Are 22 years of age or over. (25) Physician means a person licensed under the laws of the District to practice medicine, or a person who practices medicine in the employment of the government of the United States. (25A) Program means the nursing educational tuition assistance program for nurses employed by Saint Elizabeths Hospital established by  7-1131.20. (26) Protected mental health information means information regulated by Chapter 12 of this title. (27) Provider means an individual or entity that: (A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or (B) Has entered into an agreement with the Department to provide mental health services or mental health supports. (28) Regulate means all non-professional certification, licensing, monitoring, and related functions, except fire inspections, food service inspections, the issuance of building permits and certificates of occupancy, all inspections relating to these permits and certificates, and all responsibilities under  1-307.02. (29) Residents of the District means persons who voluntarily live in the District and have no intention of presently removing themselves from the District. The term residents of the District shall not include persons who live in the District solely for a temporary purpose. Residency shall not be affected by temporary absence from and the subsequent return or intent to return to the District. Residency shall not depend upon the reason that persons entered the District, except to the extent that it bears upon whether they are in the District for a temporary purpose. (29A) Secure Facilities means Oak Hill Youth Center, the Youth Services Center, and any successor facilities or new secure facilities operated by or on behalf of DYRS for youth in DYRS custody. (30) System of care for adults means a community support system for persons with mental illness that is developed through collaboration in the administration, financing, resource allocation, training, and delivery of services across all appropriate public systems. Each persons mental health services and mental health supports are based on an Individual Recovery Plan, designed to promote recovery and develop social, community, and personal living skills, and to meet essential human needs, and includes the appropriate integrated, community-based outpatient services and inpatient care, outreach, emergency services, crisis intervention and stabilization, age-appropriate educational and vocational readiness and support, housing and residential treatment and support services, family and caregiver supports and education, and services to meet special needs, which may be delivered by both public and private entities. (31) System of care for children, youth, and their families means a community support system for children or youth with mental health problems and their families, which is developed through collaboration in the administration, financing, resource allocation, training, and delivery of services across all appropriate public systems. Each childs or youths mental health services and mental health supports are based on a single, child-and youth-centered, and family-focused Individual Plan of Care, encompassing all necessary and appropriate services and supports, which may be delivered by both public and private entities. Prevention, early intervention, and mental health services and mental health supports to meet individual and special needs are delivered in natural, nurturing, and integrated environments, recognize the importance of and support for the maintenance of enduring family relationships, and are planned and developed within the District and as close to the childs or youths home as possible so that families need not relinquish custody to secure treatment for their children and youth. (31A) UDC means the University of the District of Columbia. (31B) Youth means an individual under 18 years of age residing in the District and those individuals classified as youth in the custody of DYRS and the Child and Family Services Agency who are 21 years of age or younger. (32) Youth Services Center means the secure juvenile facility currently operated by DYRS in the District of Columbia.  (Dec. 18, 2001, D.C. Law 14-56,  102, 48 DCR 7674; Mar. 2, 2007, D.C. Law 16-192,  5022(a), 53 DCR 6899; June 7, 2012, D.C. Law 19-141,  402(a), 59 DCR 3083; Sept. 20, 2012, D.C. Law 19-168,  5042(a), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-169,  16, 59 DCR 5567.)  Section References This section is referenced in  7-1201.01 and  7-1203.03. Effect of Amendments D.C. Law 16-192 added pars. (10A), (19A), (29A), and (32). D.C. Law 19-141 redesignated former par. (1) as par. (1F); and added pars. (1), (1A), (1B), (1C), (1D), (1E), and (31A). The 2012 amendment by D.C. Law 19-168 added (25A) and (31A); and redesignated former (31A) as (31B). The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation in (1)(A) and (24)(A); and substituted persons with for persons suffering from in (11). Emergency Legislation For temporary (90 day) addition of section, see  2 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  2 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  102 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) amendment of section, see  5022(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see  5022(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see  2(a) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Act of 2006 (D.C. Act 16-529, December 4, 2006, 53 DCR 9833). For temporary (90 day) amendment of section, see  5022(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see  2(a) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-16, February 20, 2007, 54 DCR 1774). For temporary (90 day) repeal of section 2 of D.C. Law 16-298, see  2 of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Amendment Act of 2007 (D.C. Act 17-80, July 26, 2007, 54 DCR 7636). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation For temporary (225 day) amendment of section, see  2(a) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Temporary Act of 2006 (D.C. Law 16-298, March 6, 2007, law notification 54 DCR 5144). For temporary (225 day) addition of section, see  2 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Short Title Short title: Section 5021 of D.C. Law 16-192 provided that subtitle C of title V of the act may be cited as the Department of Mental Health Establishment Amendment Act of 2006. Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the South Capitol Street Memorial Amendment Act of 2013. Editor's Notes Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168,  7004, provided that the applicability of only  302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan. Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61,  4112, provided that  302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added  38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added  38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR  A2103(c)(6).
 71131.03. Establishment and purposes of the Department of Mental Health. (a) There is established as a separate cabinet-level Department, subordinate to the Mayor, the Department of Mental Health. (b) The Department shall be the successor in interest to the Commission on Mental Health Services, established by Mayors Reorganization Plan No. 3 of 1986, effective January 3, 1987 (part B of subchapter VII of Chapter 15 of Title 1), and Mayors Order No. 88-168, effective July 13, 1988, and under receivership in the case of Dixon, et al. v. Williams, et al., C.A. No. 74-285 (NHJ), in the United States District Court for the District of Columbia. (c) The provisions of this chapter are intended to be construed in a manner consistent with all outstanding orders of the United States District Court inDixon, et al. v. Williams, et al., including the Final Plan adopted by the District Court in its April 2, 2001 order. (d) The Department shall have as its purposes: (1) Developing a system of care for adults that is integrated to the maximum practicable extent with other public systems in the District, including but not limited to addiction treatment and prevention, criminal justice, education, health, housing, income maintenance, and vocational rehabilitation; (2) Developing a system of care for children, youth, and their families that is integrated to the maximum practicable extent with other public systems in the District, including but not limited to addiction treatment and prevention, child welfare, criminal justice, developmental services, education, health, housing, income maintenance, juvenile justice, and vocational rehabilitation; (3) Ensuring that persons with mental illness and children or youth with mental health problems are treated in the most integrated setting that can be accommodated, consistent with individual needs and public safety; (4) Fostering the development of high quality, comprehensive, cost effective, and culturally competent mental health services and mental health supports, based on recognized local needs, especially for persons with serious mental illness and children or youth with serious emotional disturbances; (5) Promoting mental health and public awareness of mental health issues; (6) Ensuring that services provided to mental health consumers meet standards established by the Department pursuant to  7-1131.14(2)-(5) for the operation of mental health services and mental health supports; (7) Developing and implementing strategies to eliminate barriers and improve access to mental health services and mental health supports for consumers of mental health services; and (8) Ensuring the participation of consumers, families, employees, providers, and advocates of mental health services and mental health supports in the planning, delivery, monitoring, and evaluation of these services and supports. (e) In assessing or meeting the service needs of consumers of mental health services, the Department shall not discriminate against consumers based upon their eligibility or non-eligibility for Medicaid, Medicare, or private insurance coverage; provided, that nothing in this section shall preclude the Department from establishing by regulation a mental-health-benefit program or plan based upon eligibility or non-eligibility for Medicaid, Medicare, or private insurance coverage. (f) Nothing in this chapter requires or shall be construed as requiring the Department or any provider with which the Department contracts to provide mental health services or mental health supports to persons who are not residents of the District, except where those persons are likely to injure themselves or others if services are not provided or where services are otherwise required by law. (g) Nothing in this chapter shall limit the civil rights of consumers of mental health services who have reached the age of majority under District law. (h) Nothing in this chapter shall affect the authority of the Medical Assistance Administration as the single state agency for the administration of the Medicaid Program under section 1902(a)(5) of the Social Security Act, approved July 30, 1965 (79 Stat. 344; 42 U.S.C.  1396a(a)(5)).  (Dec. 18, 2001, D.C. Law 14-56,  103, 48 DCR 7674; Sept. 14, 2011, D.C. Law 19-21,  5033, 58 DCR 6226.)  Section References This section is referenced in  7-701.01 and  44-401. Effect of Amendments D.C. Law 19-21, in subsec. (e), substituted insurance coverage; provided, that nothing in this section shall preclude the Department from establishing by regulation a mental-health-benefit program or plan based upon eligibility or non- eligibility for Medicaid, Medicare, or private insurance coverage for insurance coverage. Emergency Legislation For temporary (90 day) addition of section, see  3 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  3 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  103 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) addition of section, see  5002 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599). For temporary (90 day) amendment of section, see  5003 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599). Temporary Legislation For temporary (225 day) addition of section, see  3 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.04. Powers and duties of the Department of Mental Health. Notwithstanding any other provision of law, the Department of Mental Health shall: (1) Plan, develop, coordinate, and monitor comprehensive and integrated mental health systems of care for adults and for children, youth, and their families in the District, so as to maximize utilization of mental health services and mental health supports and to assure that services for priority populations identified in the Departments annual plan are funded within the Departments appropriations or authorizations by Congress and are available; (2) Arrange for all authorized, publicly funded mental health services and mental health supports for the residents of the District, whether operated directly by, or through contract with, the Department except that DYRS shall be responsible for the provision of mental health services for youth in custody in DYRS secure facilities; (3) Make grants, pay subsidies, purchase services, and provide reimbursement for mental health services and mental health supports; (4) Arrange for, or if necessary directly provide, inpatient mental health services for all persons identified to the Department who meet criteria for admission for such services; (5) Directly operate a hospital to provide inpatient mental health services, and seek to achieve and maintain the hospitals certification by the Health Care Financing Administration; (6) Directly operate one core services agency, for 3 years from December 18, 2001, or longer, as needed, to address the community mental health needs of the residents of the District; (7) Arrange for a 24-hour, District-wide telephone communication service to provide intervention services for adults, children, and youth in need of mental health services and mental health supports including, but not limited to, observation, evaluation, emergency treatment, and when necessary, referral for mental health services and mental health supports; (8) Beginning no later than October 1, 2001, be the exclusive agency to regulate all mental health services and mental health supports, including but not limited to housing services and residential treatment centers for children, but excluding the licensure of professionals, notwithstanding the licensing powers and responsibilities given to other District agencies and officials under the following laws: (A) Subchapter I-A of Chapter 28 of Title 47; (B) Subchapter I-B of Chapter 28 of Title 47; and (C) Subchapter I of Chapter 5 of Title 44; (9) Facilitate the delivery of acute inpatient mental health services and mental health supports through community or public hospitals in the District, including coordinating comprehensive mental health services and mental health supports for children, youth, and their families; (10) Arrange for the care of persons committed to the Department by the court pursuant to  21-545, and arrange for their periodic evaluation and ongoing treatment; (11) Serve as the Compact Administrator under Article X of the Interstate Compact on Mental Health as set forth in Chapter 11 of this title; (12) Consistent with the purposes of this chapter, provide consultation and technical assistance to providers of mental health services and mental health supports who receive financial support from the Department; (13) Upon request or on its own initiative, investigate, or ask another agency to investigate, any complaint alleging abuse or neglect of any consumer of mental health services, and, if the investigation by the Department or an investigation by any other agency or entity substantiates the charge of abuse or neglect, take appropriate action to correct the situation, including notification of other appropriate authorities; (14) Independent of the District of Columbia Office of Personnel but consistent with Chapter 6 of Title 1, serve as the personnel authority for all employees of the Department, including exercising full authority to hire, retain, and terminate personnel, and to establish their compensation and reimbursement consistent with the Districts wage grade and non-wage grade schedules and the Congressionally-approved budget; (15) Independent of the Office of Contracting and Procurement, exercise procurement authority to carry out the purposes of the Department, including contracting and contract oversight and exercise this authority consistent with Chapter 3A of Title 2 [ 2-351.01 et seq.]; except that  2-352.01(a) shall not apply; (16) Take, hold, and administer in trust for the District any grant, devise, gift, or bequest made to the District or to the Department for the use of persons under its care or for the expenditure for any work which the Department is authorized to undertake; and (17) Enter into memoranda of agreement with other agencies of the District to provide for the orderly transition of the licensure responsibilities set forth in this section.  (Dec. 18, 2001, D.C. Law 14-56,  104, 48 DCR 7674; Mar. 2, 2007, D.C. Law 16-192,  5022(b), 53 DCR 6899; Sept. 26, 2012, D.C. Law 19-171,  210, 59 DCR 6190.)  Section References This section is referenced in  7-1131.12 and  7-1131.19. Effect of Amendments D.C. Law 16-192, in par. (2), inserted except that DYRS shall be responsible for the provision of mental health services for youth in custody in DYRS secure facilities following Department. The 2012 amendment by D.C. Law 19-171 rewrote (15). Emergency Legislation For temporary (90 day) addition of section, see  4 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  4 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  104 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) additions, see  5102, 5113, 5114 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 day) amendment of section, see  5022(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see  5022(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see  2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Act of 2006 (D.C. Act 16-529, December 4, 2006, 53 DCR 9833). For temporary (90 day) amendment of section, see  5022(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see  2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-16, February 20, 2007, 54 DCR 1774). For temporary (90 day) repeal of section 2 of D.C. Law 16-298, see  2 of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Amendment Act of 2007 (D.C. Act 17-80, July 26, 2007, 54 DCR 7636). For temporary (90 day) addition of section, see  5012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of section, see  5012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Temporary Legislation For temporary (225 day) amendment of section, see  2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Temporary Act of 2006 (D.C. Law 16-298, March 6, 2007, law notification 54 DCR 5144). For temporary (225 day) addition of section, see  4 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Short Title Short title of subtitle J of title V of Law 16-33: Section 5101 of D.C. Law 16-33 provided that subtitle J of title V of the act may be cited as the Residential Treatment Centers Placement Act of 2005. Short title of subtitle K of title V of Law 16-33: Section 5111 of D.C. Law 16-33 provided that subtitle K of title V of the act may be cited as the Department of Mental Health Retirement Incentive Programs Act of 2005. Editor's Notes Section 5102 of D.C. Law 16-33 provided: Sec. 5102. Residential treatment centers placement agreement. (a) The Department of Mental Health (DMH), the Children and Family Services Administration (CFSA), and the Department of Youth Rehabilitation Services (DYRS) shall enter into an agreement for DMH to contract for and authorize placements for all children and youth requiring residential treatment center placement, regardless of the fund source for children and youth with emotional or mental disorders. (b) The agreement shall require DMH, CFSA, and DYRS to plan and contract jointly for evidence-based, effective community alternatives to residential treatment center placements. (c) All residential treatment center providers who currently are not certified who choose to remain contractors with the District and who meet certification standards shall be certified by DMH.. Sections 5112 to 5114 of D.C. Law 16-33 provided: Sec. 5112. Definitions. For the purposes of this act, the term felony means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000, or both. Sec. 5113. Easy out retirement incentive. (a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D. C. Official Code  1-611.06) (CMPA), if the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees (Easy Out Program), the Department of Mental Health is hereby authorized to offer the cash incentives described in subsection (b) to employees who are eligible to participate in any Easy Out Program approved by the federal Office of Personnel Management and the District of Columbia Office of Personnel for fiscal year 2006, if the Department of Mental Health chooses to participate in the Easy Out Program. (b) The Department of Mental Health may offer a retirement incentive of up to 50% of an employees annual rate of base pay, based on the employees salary or pay schedule in effect on October 1, 2005, not to exceed $25,000, to be paid within one year of the employees retirement. (c) Retirement incentive payments shall be prorated in the case of a part-time employee. (d) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay. (e) No incentive payment shall be paid to: (1) An employee who is a reemployed annuitant under the provisions of 5 U.S.C.  8344; (2) An employee who is in a critical position as defined by the Department of Mental Health; (3) An employee who is under indictment or who is charged by information with or who has been convicted of a felony, or who has pled guilty or has been convicted after a plea of nolo contendere to a felony, related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or (4) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor, or who has pled guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor. (f) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, and shall not be hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement. Sec. 5114. Early out retirement incentive. (a) Notwithstanding section 1106 of the CMPA, if the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees (Early Out Program), the Department of Mental Health is hereby authorized to offer the cash incentives described in subsection (b) to employees who are eligible to participate in any Early Out Program approved by the federal Office of Personnel Management and the District of Columbia Office of Personnel for fiscal year 2006, if the Department of Mental Health chooses to participate in the Early Out Program. (b) The Department of Mental Health may offer a retirement incentive of up to 50% of an employees annual rate of base pay, based on the employees salary or pay schedule in effect on October 1, 2005 not to exceed $25,000, to be paid within one year of the employees retirement. (c) Retirement incentive payments shall be prorated in the case of a part-time employee. (d) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay. (e) No incentive payment shall be paid to: (1) An employee who is a reemployed annuitant under the provisions of 5 U.S.C.  8344; (2) An employee who is in a critical position as defined by the Department of Mental Health; (3) An employee who is under indictment or who is charged by information with or who has been convicted of a felony, or who has pled guilty or has been convicted after a plea of nolo contendere to a felony, related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or (4) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor, or who has pled guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor. (f) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, and shall not be hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement. For Department of Mental Health reporting requirements to Council, see  5012 of D.C. Law 19-168.
 71131.05. Appointment and duties of Director. The Department shall be administered by a full-time Director appointed by the Mayor and confirmed by the Council. The Director, who shall report to the Mayor, shall be qualified by experience and training to carry out the purposes of this chapter. In addition to such other duties as may be lawfully imposed, the Director shall: (1) Serve as the chief executive officer of the Department, organizing the Department for its efficient operation, including creating offices within the Department as necessary, and exercising any other powers necessary and appropriate to implement the provisions of the law; (2) Hire, retain, and terminate such personnel as appropriate to perform the functions of the Department consistent with Chapter 6 of Title 1; (3) Establish, through contracts and memoranda of agreement or understandings with governmental bodies, public and private agencies, institutions, and organizations, systems of care for adults, and for children, youth, and their families, as well as for other identified priority populations; (4) Establish priorities for the delivery of mental health services and mental health supports, and develop plans for the operation and coordination of core services agencies and other providers, so as to encourage the development and expansion of preventive, rehabilitative, and consultative mental health services and mental health supports with an emphasis on continuity of care; (5) In accordance with Chapter 5 of Title 2, issue and enforce all rules and regulations necessary and appropriate to the proper accomplishment of the mental health duties and functions imposed by this chapter; (6) Execute contracts on behalf of the Department; (7) Coordinate with the activities of the State Mental Health Planning Council, established pursuant to section 1914 of the Public Health Service Act, approved July 10, 1992 (106 Stat. 382; 42 U.S.C.  300x-3) and Mayors Order 88-261, effective December 14, 1988; and (8)(A) Publish an annual plan describing how the Department intends to provide or arrange for systems of care for adults and for children, youth, and their families and to serve the needs of priority populations; and (B) In developing the annual plan, hold public forums in the community to solicit the input of residents of the District with regard to the need for present or additional mental health services and mental health supports.  (Dec. 18, 2001, D.C. Law 14-56,  105, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  5 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  5 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  105 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  5 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Editor's Notes EstablishmentDistrict of Columbia State Mental Health Planning Council, see Mayors Order 2011-147, August 30, 2011 ( 58 DCR 7984).
 71131.06. Appointment and duties of Chief Financial Officer. The Department shall have a Chief Financial Officer (Department CFO), who shall be appointed by the Chief Financial Officer of the District of Columbia (Districts CFO) in collaboration with the Director. The Department CFO shall: (1) Be qualified by experience and training to carry out accounting, budgeting, and financial management functions; (2) Directly report to, be ultimately responsible to, and be under the supervisory direction of the Districts CFO, through the Director; (3) Engage in the accounting, budgeting, and financial management functions authorized by the Districts CFO; (4) Serve as a member of the Departments management team; (5) Advocate for and advance the policy objectives of the Director, to the extent consistent with the Department CFOs ultimate responsibility to and supervisory control by the Districts CFO; and (6) Be subject to evaluation, discipline, and transfer by the Districts CFO, in collaboration with the Director.  (Dec. 18, 2001, D.C. Law 14-56,  106, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  6 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  6 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  106 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  6 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.07. Appointment and duties of Chief Clinical Officer. The Department shall have a Chief Clinical Officer, appointed by the Director, and qualified by experience and training to carry out the following functions: (1) Advising the Director on standards, quality assurance, risk management, and clinical practice; (2) Advising the Director on a full range of services and functions, including but not limited to clinical services, service needs, and program development; and (3) Coordinating the treatment of persons committed to the care of the Department by the court pursuant to  21-545.  (Dec. 18, 2001, D.C. Law 14-56,  107, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  7 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  7 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  107 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  7 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.08. Appointment and duties of General Counsel. (a) The Department shall have a General Counsel or the equivalent, appointed by the Attorney General as an employee of the Office of the Attorney General, after consultation with the Director of the Department. The General Counsel or the equivalent shall: (1) Be an attorney admitted to the practice of law in the District of Columbia and qualified by experience and training to advise the Department with respect to legal issues related to its powers and duties; (2) Be in the Senior Executive Attorney Service as an at-will employee under the direction and control of the Attorney General; (3) Be subject to all applicable provisions of subchapter VIII-B of Chapter 6 of Title 1; (4) Have an attorney-client relationship with the Department; (5) Advocate vigorously for the Directors positions on legal issues, and if that advocacy poses a conflict with a legal position of the Attorney General for the District of Columbia, seek exemption from the Attorney Generals supervision as to that position, in accordance with  1-608.55(b); and (6) Be subject to evaluation, discipline, and transfer by the Attorney General, after consultation with the Director. (b) This section shall apply as of October 1, 2005.  (Dec. 18, 2001, D.C. Law 14-56,  108, 48 DCR 7674; Oct. 20, 2005, D.C. Law 16-33,  3016(a), 52 DCR 7503.)  Effect of Amendments D.C. Law 16-33 rewrote section, which had read: The Department shall have a General Counsel, appointed by the Director with the approval of the Corporation Counsel, which approval shall not be unreasonably withheld. The General Counsel shall: (1) Be an attorney admitted to the practice of law in the District of Columbia and qualified by experience and training to advise the Department with respect to legal issues related to its powers and duties; (2) Be in the Senior Executive Attorney Service as an at-will employee under the direction and control of the Corporation Counsel; (3) Be subject to all applicable provisions of subchapter VIII-B of Chapter 6 of Title 1; (4) Have an attorney-client relationship with the Department; (5) Advocate vigorously for the Directors position on legal issues, and if such advocacy poses a conflict with a legal position of the Corporation Counsel, seek exemption from the Corporation Counsels supervision as to that position, in accordance with  1-608.55(b); and (6) Be subject to evaluation, discipline, and transfer by the Corporation Counsel, after consultation with the Director, whose views regarding evaluation, discipline, and transfer shall be entitled to great weight. Emergency Legislation For temporary (90 day) addition of section, see  8 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  8 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  108 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) amendment of section, see  3016 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). Temporary Legislation For temporary (225 day) addition of section, see  8 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.09. Appointment and duties of Consumer and Family Affairs Officer. The Department shall have a Consumer and Family Affairs officer, appointed by the Director, and qualified by experience and training to carry out the following functions: (1) Ensuring the involvement of consumers of mental health services and their family members in the design, implementation, and evaluation of mental health services and mental health supports; (2) Serving as a liaison to consumers of mental health services and their family members and personal representatives; and (3) Promoting the protection of the rights of consumers of mental health services.  (Dec. 18, 2001, D.C. Law 14-56,  109, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  9 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  9 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  109 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  9 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.10. Partnership Council. (a) The Director shall appoint and convene a Partnership Council, consisting of between 15 and 25 people, to advise the Director, upon his or her request, with respect to departmental matters. (b) The membership of the Partnership Council shall represent the range of interests and perspectives held by adults and children, youth, and their families, as well as the various geographic areas of the District, and shall include at least one person from each ward of the District and 2 representatives from labor unions for departmental workers. At least 51% of the members of the Partnership Council shall be consumers of mental health services or their family members. No members of the Partnership Council shall receive remuneration for their service.  (Dec. 18, 2001, D.C. Law 14-56,  110, 48 DCR 7674.)  Section References This section is referenced in  7-1131.02. Emergency Legislation For temporary (90 day) addition of section, see  10 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  10 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  110 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  10 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.11. System of Mental Health Care Sub-Council. (a) In conformity with Mayors Order 99-60, effective March 16, 1999, the Director shall convene a System of Mental Health Care Sub-Council of the Districts Intragovernmental Youth Investment Collaborative, for the purpose of developing a system of care for children, youth, and their families. This Sub-Council shall continue to exist in the event that Mayors Order 99-60 is repealed. (b) The Sub-Council shall consist of the following individuals: (1) Director of the Child and Family Services Agency; (2) Director of the Department of Human Services; (3) Director of the Department of Health; (4) Administrator of the Youth Services Administration; (5) Administrator of the Addiction Prevention and Recovery Administration; (6) Administrator of the Medical Assistance Administration; (7) Administrator of the Mental Retardation and Developmental Disabilities Administration; (8) Superintendent of the District of Columbia Public Schools; (9) Presiding Judge of the Family Division of Superior Court of the District of Columbia; (10) Chair of the District of Columbia Mental Health Planning Council; (11) A representative of the designated state protection and advocacy agency established pursuant to the Protection and Advocacy for Mentally Ill Individuals Act of 1986, approved May 23, 1986 (100 Stat. 478; 42 U.S.C.  10801 et seq.), and section 509 of the Rehabilitation Act of 1973, approved October 29, 1992 (106 Stat. 4430; 29 U.S.C.  794e); and (12) At a minimum, 4 former child or youth consumers of mental health services or family members of child or youth consumers of mental health services.  (Dec. 18, 2001, D.C. Law 14-56,  111, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  11 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  11 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  111 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  11 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.12. Transfer of functions, property, and personnel. (a) All real and personal property, Career and Excepted Service, Management Supervisory Service, and trainee positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the Commission on Mental Health Services under receivership in Dixon, et al. v. Williams, et al., shall become the property of the Department on December 18, 2001. (b) All real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Compact Administrator of the Interstate Compact on Mental Health as set forth in Chapter 11 of this title, shall become the property of the Department on December 18, 2001. (c) All positions, real and personal property, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Department of Health in regulating mental health facilities, mental health services, and mental health supports, shall be transferred to the Department no later than September 30, 2001, in accordance with the terms of the memoranda of agreement executed pursuant to  7-1131.04(17). (d) The Department shall recognize and bargain with collective bargaining representatives that have been duly certified by the District of Columbia Public Employees Relations Board and shall assume and be bound by all existing collective bargaining agreements entered into by the Commission on Mental Health Services, if those agreements have been approved by the Council, unless Council approval is not required by law and, during a control year as defined in  47-393(4), the District of Columbia Financial Responsibility and Management Assistance Authority. (e) Every employee of the Commission on Mental Health Services shall be transferred to the Department. An employee transferred to the Department shall be transferred in the same classification he or she held at the Commission on Mental Health Services or other department at the time of the transfer. Subject to the Districts authority to convert them to the Management Supervisory Service and the Legal Service consistent with Chapter 6 of Title 1, transferred employees shall retain all rights and privileges related to their individual pay and benefits, including retirement status, so long as the employee is continuously employed by the Department or the District government, including any applicable rights and privileges provided for in  44-906. (f) The following rules and regulations pertaining to the licensing, certification, and delivery of mental health services and mental health supports shall remain in full force and effect unless and until repealed or superseded by action of the Department of Mental Health: (1) Chapter 38 of Title 22 of the District of Columbia Municipal Regulations (Community Residence Facilities for Mentally Ill Persons), except that the Department of Mental Health shall perform all functions that Chapter 38 vests in the Commission on Mental Health Services, and shall perform the following functions instead of the Department of Consumer and Regulatory Affairs, the Department of Health, and the Department of Human Services: (A) Training persons who directly provide mental health services or mental health supports to consumers of mental health services through their employment by a community residence facility; (B) Certifying that the admission of consumers of mental health services to a mental health community facility is medically necessary; (C) Making determinations under 22 DCMR  3826.3; (D) Receiving written admission criteria under 22 DCMR  3827.3; (E) Receiving written reasons for denials of admission under 22 DCMR  3827.5; and (F) Licensing mental health community residential facilities as required by 22 DCMR  3800.5; and (2) Chapter 46 of Title 29 of the District of Columbia Municipal Regulations (Mobile Community Outreach Treatment Team Services), except that the Department shall have concurrent authority with the Medical Assistance Administration to audit and review records and reports of consumers of mental health services and providers, and shall perform the following functions instead of the Commission on Mental Health Services and the Medical Assistance Administration: (A) Certifying providers of mobile community outreach treatment team services; (B) Operating one mobile community outreach treatment team; (C) Authorizing admission and assignment of consumers of mental health services to mobile community outreach treatment teams; and (D) Granting approvals and waivers. (g) The following rules and regulations pertaining to the licensing, certification, and delivery of mental health services and mental health supports shall remain in full force and effect until the Department of Mental Health promulgates standards and procedures in accordance with  7-1131.14(2)-(4): (1) Chapter 7 of Title 29 of the District of Columbia Municipal Regulations (Medicaid Day Treatment Programs), except that the Department shall have concurrent authority with the Department of Health to audit and review records of providers, and shall perform the following functions instead of the Department of Human Services: (A) Certifying Medicaid day treatment programs for consumers of mental health services; and (B) Granting approvals and waivers; (2) Chapter 8 of Title 29 of the District of Columbia Municipal Regulations (Free Standing Mental Health Clinics), except that the Department shall have concurrent authority with the Department of Health to audit and review records of providers, and shall perform the following functions instead of the Department of Human Services: (A) Certifying providers of freestanding mental health clinics; (B) Determining the qualifications of administrators of freestanding mental health clinics; and (C) Granting approvals and waivers; and (3) Section 948 of Title 29 of the District of Columbia Municipal Regulations (Standards for Participation of Residential Treatment Centers for Children and Youth), except that the Department shall have concurrent authority with the Department of Health and the Department of Consumer and Regulatory Affairs to audit and review records of providers, and shall perform the following functions instead of the Department of Human Services: (A) Certifying residential treatment centers for children and youth; and (B) Certifying that the admission of consumers of mental health services to residential treatment centers is medically necessary.  (Dec. 18, 2001, D.C. Law 14-56,  112, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  12 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  12 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  112 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  12 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.13. Prosecution and representation by Attorney General for the District of Columbia. The Office of Corporation Counsel shall have charge of the prosecution of actions brought in the name of the District of Columbia for emergency detention and commitment of persons requiring receipt of involuntary mental health services and mental health supports. The Office of the Corporation Counsel shall also have charge of any litigation arising out of the execution of the Departments powers and duties.  (Dec. 18, 2001, D.C. Law 14-56,  113, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  13 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  13 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  113 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  13 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71131.14. Rules. No later than October 1, 2001, and in accordance with Chapter 5 of Title 2, the Department shall issue rules establishing: (1) Definitions for priority populations, including, but not limited to persons with serious mental illness and children or youth with serious emotional disturbance; (2) Standards for the operation of mental health services and mental health supports, including, but not limited to requirements regarding: (A) Qualifications of providers, except those who are required to operate under professional licenses pursuant to subchapter I-A and I-B of Chapter 28 of Title 47; (B) Accessibility, availability, appropriateness, and cultural competence of the delivery of mental health services and mental health supports; and (C) Protections for consumers of mental health services that are consistent with Chapter 12A of this title and other applicable law; (3) Standards and procedures for internal and external monitoring and evaluation of the delivery of mental health services and mental health supports, including, but not limited to standards and procedures for granting certification or full or conditional licensure to providers of mental health services or mental health supports, and limitations on providers of mental health services or mental health supports that are granted conditional licensure; (4) Standards and procedures for revoking the certifications or licenses, other than professional licenses, of providers of mental health services or mental health supports who do not continue to meet the standards established by the Department, and procedures for facilitating the ongoing delivery of mental health services and mental health supports to consumers of such providers; (5)(A) A schedule of civil fines for providers of mental health services and mental health supports operating in the District without licensure or certification by the Department, to the extent that such schedule is not already part of Chapter 38 of Title 22 of the District of Columbia Municipal Regulations. (B) The Department shall submit the proposed schedule of fines, and any subsequent amendments to the schedule, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed schedule, in whole or in part, by resolution within this 45-day review period, the proposed schedule shall be deemed approved; (6) A joint consent for the use of protected mental health information by participating providers that is consistent with 45 C.F.R. Parts 160 and 164 and Chapter 12 of this title.  (Dec. 18, 2001, D.C. Law 14-56,  114, 48 DCR 7674.)  Section References This section is referenced in  7-1131.02,  7-1131.03,  7-1131.12, and  7-1201.01. Emergency Legislation For temporary (90 day) addition of section, see  14 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  14 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  114 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) addition of section, see  14 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Short Title Short title: Section 5031 of D.C. Law 19-21 provided that subtitle D of title V of the act may be cited as Mental Health Services Eligibility Act of 2011. Editor's Notes Section 5032 of D.C. Law 19-21 provided: Sec. 5032. Mental health eligibility requirements. By October 1, 2011, the Department of Mental Health shall issue rules governing eligibility for locally funded mental-health-rehabilitation services. At a minimum, the rules shall limit eligibility to: (1) District residents; (2) Individuals who are not eligible for Medicaid or Medicare or are not enrolled in any other third-party insurance program; provided, that eligibility or enrollment in the D.C. HealthCare Alliance shall not preclude eligibility for locally funded mental-health-rehabilitation services; (3) Individuals 19 years of age and older who live in households with a countable income of less than 200% of the federal poverty level and individuals under 19 years of age who live in households with a countable income of less than 300% of the federal poverty level; and (4) Individuals who meet the definition of children or youth with mental health problem or persons with mental illness as those terms are defined in section 102(1) and (24), respectively, of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code  7-1131.02(1) and (24)). Resolutions Resolution 14-597, the Department of Mental Health Civil Infractions Rulemaking Emergency Approval Resolution of 2002, was approved effective October 25, 2002.
 71131.15. Approval of Medicaid State Plan Amendment. (a) The Department shall have authority to request the Medical Assistance Administration to seek the approval of the federal Health Care Financing Administration for the amendment to the District of Columbia Medicaid State Plan to add Medicaid rehabilitation services, which was submitted to the Health Care Financing Administration on September 30, 2000. (b) The Department shall have the authority to request that the Medical Assistance Administration (MAA) seek the approval of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services for an amendment to the Medicaid State Plan that will provide for a per diem reimbursement for inpatient psychiatric treatment for cases where the authorized length of stay exceeds 7 days and the Diagnostic Related Group reimbursement does not exceed the per diem reimbursement schedule for Medicaid-eligible involuntary, emergency psychiatric admissions. The MAA shall submit the amendment to the Medicaid State Plan to the Council for approval by resolution within 30 days of receipt of approval of the amendment from the federal government.  (Dec. 18, 2001, D.C. Law 14-56,  115, 48 DCR 7674; Oct. 20, 2005, D.C. Law 16-33,  5122, 52 DCR 7503.)  Effect of Amendments D.C. Law 16-33 designated the existing text as subsec. (a); and added subsec. (b). Emergency Legislation For temporary (90 day) addition of section, see  15 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see  15 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see  115 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) amendment of section, see  5122 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). Temporary Legislation For temporary (225 day) addition of section, see  15 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Short Title Short title of subtitle L of title V of Law 16-33: Section 5121 of D.C. Law 16-33 provided that subtitle L of title V of the act may be cited as Department of Mental Health Acute Care Initiative Act of 2005.
 71131.16. Transfers to Department of Youth Rehabilitation Services. Effective October 1, 2006, the Department shall transfer to DYRS all full-time equivalent positions and funding, real and personal property leased or assigned to the Department, assets, records, ongoing obligations, unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the Departments powers, duties, functions and administration of the operations of the mental health units at the Oak Hill Youth Center and the Youth Services Center.  (Dec. 18, 2001, D.C. Law 14-56,  115a; as added Mar. 2, 2007, D.C. Law 16-192,  5022(c), 53 DCR 6899.)  Prior Codifications 2001 Ed.,  7-1131.15a. Emergency Legislation For temporary (90 day) enactments, see  5022(c), 5023 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) enactments, see  5022(c), 5023 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) enactments, see  5022(c), 5023 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). Editor's Notes Section 5023 of D.C. Law 16-192 provided: The transfer of funding and authority authorized in section 115a of the Department of Mental Health Establishment Amendment Act of 2001, passed on 2nd reading on July 11, 2006 (Enrolled version of Bill 16-679), does not require the Department of Youth Rehabilitation Services to employ any persons employed by the Department of Mental Health who are providing mental health or related services to youth in the care and custody of the Department of Youth Rehabilitation Services, and the Department of Youth Rehabilitation Services shall not inherit, recognize, or be bound by any collective bargaining agreement involving those persons and negotiated and entered into by Department of Mental Health.
 71131.17. Youth behavioral health program. (a) As of October 1, 2012, there is established within the Department, and shall be made available to all child development facilities, public schools, and public charter schools, a program that, at a minimum, provides participants with the tools needed to: (1) Identify students who may have unmet behavioral health needs;  (2) Refer identified students to appropriate services for behavioral health screenings and behavioral health assessments; and (3) Recognize the warning signs and risk factors for youth suicide and implement best practices for suicide prevention, suicide intervention, and suicide postvention. (b)(1) Starting October 1, 2016, completion of the program shall be mandatory once every 2 years for all: (A) Teachers in public schools and public charter schools; (B) Principals in public schools and public charter schools; and (C) Staff employed by child development facilities, who are subject to training or continuing education requirements pursuant to licensing regulations. (2) In addition to the individuals described in paragraph (1) of this subsection, the Mayor may determine through rulemaking other individuals who shall be required to complete the program. (3) The Department may make the program available to other interested individuals. (c) The Department shall keep a record of all participants who complete the program and shall provide the participants with written proof of completion. (d) If so approved by the Office of the State Superintendent for Education, the program may count towards professional development credits. (e) For the purposes of this section, the term: (1) "Suicide intervention" means specific actions schools can take in response to student suicidal behavior, including: (A) Student supervision; (B) Notification of parents or guardians; (C) Crisis-response protocols; (D) When and how to request an immediate mental health assessment or emergency services; and (E) School re-entry procedures following a student mental health crisis. (2) "Suicide postvention" means planned support and interventions schools can implement after a suicide attempt or suicide death of a member of the school community that are designed to: (A) Reduce the risk of suicide contagion; (B) Provide support for affected students and school-based personnel; (C) Address the social stigma associated with suicide; and (D) Disseminate factual information about suicide. (3) "Suicide prevention" means specific actions schools can take to recognize and reduce suicidal behavior, including: (A) Identifying risk and protective factors for suicide and suicide warning signs; (B) Establishing a process by which students are referred to a behavioral health provider for help; (C) Making available school-based and community-based mental health supports; (D) Providing the location of available online and community suicide prevention resources, including local crisis centers and hotlines; and (E) Adopting policies and protocols regarding suicide prevention, intervention, and postvention, school safety, and crisis response.  (Dec. 18, 2001, D.C. Law 14-56,  115b; as added June 7, 2012, D.C. Law 19-141,  402(b), 59 DCR 3083; June 17, 2016, D.C. Law 21-120,  2, 63 DCR 6856.)  Applicability Section 7013 of D.C. Law 22-33 repealed  4 of D.C. Law 21-120. Therefore the amendment of this section by D.C. Law 21-120 has been implemented. Applicability of D.C. Law 21-120:  4 of D.C. Law 21-120 provided that the change made to this section by  2 of D.C. Law 21-120 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168,  7004, provided that the applicability of only  302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan. Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012. Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61,  4112, provided that  302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added  38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added  38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR  A2103(c)(6). Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-120, see  7013 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-120, see  7013 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the South Capitol Street Memorial Amendment Act of 2013.
 71131.18. Behavioral health resource guide. (a) By March 30, 2013, the Department shall: (1) Create a behavioral health resource guide for parents and legal guardians that includes information on: (A) Common signs and symptoms of behavioral health issues facing youth; (B) The roles and responsibilities of District government agencies in promoting and protecting the behavioral health of youth; (C) How a parent or legal guardian can obtain a behavioral health screening or assessment for a youth; and (D) Governmental and non-governmental resources for youth behavioral health programs and services in the District, including contact information; and (2) Create a behavioral health resource guide for a youth that includes: (A) Age-appropriate information on common behavioral health issues facing youth; (B) A description of the impact behavioral health issues can have on a youths development; and (C) Governmental and non-governmental resources for youth behavioral health programs and services in the District, including contact information. (b) The Department shall make the behavioral health resources guides available to the public both in print and on its website. The Department shall also make the guides available to other District agencies and organizations for distribution. (c) The Department shall update the behavioral health resource guides as appropriate.  (Dec. 18, 2001, D.C. Law 14-56,  115c; as added June 7, 2012, D.C. Law 19-141,  402(b), 59 DCR 3083.)  Section References This section is referenced in  4-1303.03e. Emergency Legislation For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the South Capitol Street Memorial Amendment Act of 2013. Editor's Notes Section 601 of D.C. Law 19-141 provided: Sec. 601. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168,  7004, provided that the applicability of only  302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61,  4112, provided that  302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added  38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added  38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR  A2103(c)(6).
 71131.19. Behavioral Health Ombudsman Program. (a) As of October 1, 2012, there is established within the Department a Behavioral Health Ombudsman Program (Ombudsman Program) to provide District residents with assistance in accessing behavioral health programs and services. (b)(1) Pursuant to its power set forth in  7-1131.04(15) and subject to paragraph (2) of this subsection, the Department may contract with a qualified private, community-based, nonprofit corporation, organization, or consortia of organizations, with offices located in the District, to operate the Ombudsman Program. The Department shall establish the criteria that an entity must meet to be selected to operate the Ombudsman Program; provided, that the criteria include: (A) A public interest mission; (B) Qualified staff and organizational expertise in: (i) Behavioral health services; (ii) Behavioral health coverage under health benefits plans; (iii) Public education and community outreach; and (iv) Conflict resolution; (C) No direct involvement in the licensing, certification, or accreditation of a behavioral health facility, a health benefits plan, or with a provider of a behavioral health service; (D) No direct ownership or investment interest in a behavioral health facility, health benefits plan, or any behavioral health service; (E) No participation in the management of a behavioral health facility, health benefits plan, or any behavioral health service; and (F) No agreement or arrangement with an owner or operator of a behavioral health service, a behavioral health facility, or health benefits plan that could directly or indirectly result in remuneration, in cash or in kind, to the entity. (2) If the Department is unable to contract with an outside entity that meets the criteria described in this section, or determines it to be in the best interests of the District, the Department shall operate the Ombudsman Program. (c)(1) The Ombudsman Program shall be administered by the Behavioral Health Ombudsman, who shall be appointed by the Director of the Department of Mental Health. (2) The Ombudsman shall be a person: (A) With substantive experience in the fields of behavioral health and patient advocacy; and (B) Who is an employee of the nonprofit corporation, organization, or consortia of organizations contracted to operate the Ombudsman Program; provided, that this subparagraph shall not apply if the Department operates the Ombudsman Program pursuant to subsection (b)(2) of this section. (d) The Ombudsman Program may use volunteers with appropriate training and supervision to assist with counseling, outreach, and other tasks. (e) The Ombudsman, or his or her designee, shall: (1) Assist consumers in resolving problems concerning behavioral health providers, behavioral health facilities, and access to behavioral health care services and programs by referring consumers to appropriate regulatory agencies when their problems are within an agencys jurisdiction, guiding consumers through existing complaint processes, and assisting consumers in informally resolving problems through discussions with their providers. (2) Educate District residents about behavioral health coverage under: (A) Health benefits plans; (B) Managed care health plans; and (C) Any other behavioral health services options. (3) Refer individuals, when appropriate, to other District agencies or organizations for assistance with behavioral health services and programs; (4) Work jointly, when appropriate, with other District agencies or organizations to promote greater access to behavioral health services and programs; (5) Provide information regarding problems and concerns of consumers of behavioral health services and make recommendations for resolving those problems and concerns to: (A) The public; (B) Government agencies; (C) The Council of the District of Columbia; and (D) Any other person or entity that the Ombudsman considers appropriate; (6) Implement innovative strategies and adopt tools to maximize outreach to District residents; (7) Identify and help resolve complaints on behalf of consumers and assist consumers with the filing, pursuit, and resolution of formal and informal complaints and appeals through existing processes, including: (A) Internal reviews conducted by health benefits plans; (B) Grievance and appeals processes for the HealthCare Alliance and Medicaid; and (C) External reviews before independent review organizations, and the Department of Mental Health; and (8) Comment on behalf of District residents on related behavioral health policy legislation and regulations in the District. (f) Within 30 days of the end of each fiscal year, the Ombudsman shall submit a report to the Department, the Council, and the Mayor, and make it available to the public upon request, regarding the activities of the Ombudsman Program during the prior fiscal year, including: (1) An accounting of all activities undertaken; (2) An evaluation and analysis of the Ombudsman Programs performance; (3) A complete fiscal accounting; (4) Issues of concern to District residents; and (5) Any recommendations to improve access to behavioral health services. (g)(1) The Ombudsman shall establish an Advisory Council to consist of members representing at least: (A) Consumers; (B) Three consumer advocacy organizations; (C) The Department of Mental Health; (D) The Department of Health Care Finance; (E) The Addiction Prevention and Recovery Administration; (F) The Child and Family Services Agency; (G) The Department of Youth Rehabilitation Services; (H) Health benefits plans; (I) Health care facilities; (J) The Health Care Ombudsman Program; (K) Health professionals with expertise in a persons overall social, emotional, and psychological well-being and development; (L) The District of Columbia Public Schools; and (M) The Public Charter School Board. (2) The Advisory Council shall meet quarterly to perform, at a minimum, the following functions: (A) Advise the Ombudsman on program design and operational issues; (B) Recommend changes in the Ombudsman Program; and (C) Review data on cases handled by the Ombudsman Program and make recommendations based on that data. (h)(1) The Ombudsman may review the records of a health-benefits plan, or other provider, pertaining to an individuals medical records; provided, that the Ombudsman received the appropriate consent from the individual or his or her legal representative. (2) The Ombudsman shall maintain the confidentiality of the records in accordance with all federal and state confidentiality and disclosure laws. (3) No information or records maintained by the Ombudsman Program shall be disclosed to the public unless the individual or individuals legal representative has provided the appropriate consent for the release of the information or records. (i) The Ombudsman Program shall enter into a business associate agreement with the Department of Health Care Finance to allow the Ombudsman Program access to information about the Medicaid eligibility status of consumers whom it serves and that requires the Ombudsman Program to safeguard that information pursuant to the Privacy Rule (45 C.F.R.  160 and 164) adopted pursuant to HIPPA. (j) The Ombudsman shall request and promptly receive, with reasonable notice, the cooperation, assistance, and data from other District agencies, as necessary to enable the Ombudsman Program to investigate a residents complaint under District or federal law. (k) No employee, subcontractor, designee, or representative of the Ombudsman Program shall be held liable for the good-faith performance of responsibilities under this section; except, no immunity shall extend to criminal acts or other acts that violate District or federal law. (l) No person, agency, provider, or facility shall obstruct the Ombudsman, or his or her designee, from the lawful performance of any duty or the exercise of any power. (m) Nothing in this section shall prohibit a corporation, organization, or consortia of organizations contracted to operate the Ombudsman Program from raising private money through foundation resources to supplement government funds for the Ombudsman Program..  (Dec. 18, 2001, D.C. Law 14-56,  115d; as added June 7, 2012, D.C. Law 19-141,  402(b), 59 DCR 3083.)  Section References This section is referenced in  7-1131.02. Emergency Legislation For temporary (90 day) addition of section, see  5002 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of section, see  5002 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see  7004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of D.C. Law 19-141,  601, see  4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the South Capitol Street Memorial Amendment Act of 2013. Editor's Notes Section 601 of D.C. Law 19-141 provided: Sec. 601. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168,  7004, provided that the applicability of only  302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan. Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012. Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61,  4112, provided that  302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added  38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added  38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR  A2103(c)(6).
 71131.20. Department of Mental Health Nurse Training Program. (a) There is established within the Department, in partnership with UDC, a nurse training program, which shall offer tuition reimbursement for courses at UDC for a licensed practical nurse employed by Saint Elizabeths Hospital to become a registered nurse or for a registered nurse employed by Saint Elizabeths Hospital to earn a Bachelor of Science in Nursing degree; provided, that the nurse earns at least a grade B and agrees, in writing, to continue his or her employment at Saint Elizabeths Hospital for a minimum of 2 years. (b) The Department shall: (1) In partnership with UDC, develop: (A) The Program; and (B) A course of study that accommodates the schedule of nurses employed full-time; (2) Administer the Program; (3) Subject to the availability of funds, establish the number, and amounts of, assistance that can be extended in any fiscal year; (4) Develop a competitive application process for nurses at Saint Elizabeths Hospital to participate in the Program; and (5) Provide remote access learning capacities at Saint Elizabeths Hospital, if feasible.  (Dec. 18, 2001, D.C. Law 14-56,  115e; as added Sept. 20, 2012, D.C. Law 19-168,  5042(b), 59 DCR 8025.)  Section References This section is referenced in  7-1131.02. Effect of Amendments The 2012 amendment by D.C. Law 19-168 added this section.
 71131.21. Department of Mental Health Enterprise Fund. (a) There is established as a nonlapsing fund the Department of Mental Health Enterprise Fund (Fund) into which shall be deposited all fees, proceeds, and revenues collected from the activities and operations of a food cafeteria managed and operated by the Department of Mental Health to serve department staff and patients on the Saint Elizabeths Hospital campus, which funds shall be used only for the management and operation of the food cafeteria. (b) All funds deposited into the Fund, and any interest earned on those funds shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or of any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.  (Dec. 18, 2001, D.C. Law 14-56,  115f; as added Sept. 20, 2012, D.C. Law 19-168,  5002, 59 DCR 8025.)  Emergency Legislation For temporary (90 day) addition of section, see  5002 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary addition of section, see  5002 of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
 71141.01. Definitions. For the purposes of this chapter, the term: (1) Behavioral health means a persons overall social, emotional, and psychological well-being and development. (2) Behavioral health services means stand-alone and co-occurring, integrated treatment services for substance abuse and mental health disorders that are designed to promote a persons behavioral health. (3) Comprehensive Psychiatric Emergency Program or CPEP means a 24-hour/7-days a week program providing emergency psychiatric evaluation and stabilization. (4) Department means the Department of Behavioral Health. (5) Director means the Director of the Department of Behavioral Health. (6) Recovery means a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. (7) Recovery support services means substance abuse treatment, care coordination, and community-based support that promote recovery. (8) Substance abuse means a pattern of pathological use of a drug or alcohol that causes impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or physical symptoms when the drug or alcohol is not used.  (Dec. 24, 2013, D.C. Law 20-61,  5112, 60 DCR 12472.)  Emergency Legislation For temporary (90 days) addition of this section, see  5112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) DHS MOU for substance abuse treatment, see  5132 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) DHS MOU for substance abuse treatment, see  5132 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Section 5131 of D.C. Law 20-61 provided that Subtitle L of Title V of the act may be cited as the Department of Human Services Memorandum of Understanding Authority for Substance Abuse Treatment Act of 2013. Editor's Notes Section 5132 of D.C. Law 20-61 provided that for fiscal year 2014, the Department of Human Services (DHS) shall enter into a Memorandum of Understanding of up to $2.5 million with the Department of Behavioral Health (DBH) for a substance abuse treatment program for Temporary Assistance for Needy Families (TANF) clients. DHS shall work with DBH, other agencies, and community-based experts as necessary to establish an integrated system of care for TANF beneficiaries living with barriers, including mental health disorders, alcohol and substance abuse, and HIV/AIDS. DHS shall present the integrated system of care plan to the Committee on Human Services no later than December 1, 2013. Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.02. Establishment of the Department of Behavioral Health. (a) There is established as a separate, cabinet-level Department, subordinate to the Mayor, the Department of Behavioral Health. (b) The Department shall be the successor-in-interest to the Department of Mental Health, established by Chapter 11A of this title [ 7-1131.01 et seq.], and the Department of Health Addiction Prevention and Recovery Administration, established in the Department of Health by the Reorganization Plan No. 4 of 1996, effective July 17, 1996 [ 1-1514.01].  (Dec. 24, 2013, D.C. Law 20-61,  5113, 60 DCR 12472.)  Emergency Legislation For temporary (90 days) addition of this section, see  5113 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5113 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.03. Appointment of Director. The Department shall be headed by a Director, who shall: (1) Be appointed by the Mayor with the advice and consent of the Council, pursuant to  1-523.01(a); (2) Be qualified by experience and training to carry out the purposes of the Department as set forth in  7-1141.05; and (3) Serve at the pleasure of the Mayor.  (Dec. 24, 2013, D.C. Law 20-61,  5114, 60 DCR 12472.)  Emergency Legislation For temporary (90 days) addition of this section, see  5114 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5114 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.04. Duties of Director. In addition to other duties as may be lawfully imposed, the Director shall: (1) Supervise and direct the Department; (2) Organize the Department for its efficient operation, including creating offices within the Department, as necessary; and (3) Exercise any other powers necessary and appropriate to implement the provisions of this chapter.  (Dec. 24, 2013, D.C. Law 20-61,  5115, 60 DCR 12472.)  Emergency Legislation For temporary (90 days) addition of this section, see  5115 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5115 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.05. Purpose of the Department. The Department shall: (1) Ensure the provision of high-quality behavioral health services by establishing District-wide behavioral health standards and policies; (2) Foster and promote behavioral health education and disease prevention; (3) Provide high-quality prevention, treatment, and recovery support services related to mental health disorders, addictions, and the abuse of alcohol, tobacco, and other drugs in the District; (4) Develop and maintain an efficient and cost-effective behavioral health care financing system; and (5) Implement, monitor, and evaluate the Districts strategic behavioral health plan.  (Dec. 24, 2013, D.C. Law 20-61,  5116, 60 DCR 12472.)  Section References This section is referenced in  7-1141.03. Emergency Legislation For temporary (90 days) addition of this section, see  5116 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5116 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.06. Powers and duties of the Department. Notwithstanding any other provision of law, the Department shall: (1) Plan, develop, coordinate, and monitor comprehensive and integrated behavioral health systems of care for adults and for children, youth, and their families in the District, so as to maximize utilization of behavioral health services and behavioral health supports; (2) Assure that services for priority populations identified in the Departments annual plan are funded within the Departments appropriations or authorizations by Congress and are available; (3) Serve as the state mental health authority and arrange for all authorized, publicly funded behavioral health services and behavioral health supports for the residents of the District, whether operated directly by, or through contract with, the Department; provided, that the Department of Youth Rehabilitation Services (DYRS) shall be responsible for the delivery of behavioral health services to youth in custody in DYRS secure facilities; (4) Serve as the single state agency for substance abuse services and promulgate rules, regulations, and certification standards for high-quality prevention, treatment, and recovery support services related to addictions and the abuse of alcohol, tobacco, and other drugs in the District of Columbia; (5) Maximize and leverage local, federal, and other available funding to support behavioral health prevention, treatment, and recovery support services; (6) Directly operate a hospital to provide inpatient mental health services, and maintain the hospitals certification by the Department of Health and the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; (7) Make grants, pay subsidies, purchase services, and provide reimbursement for behavioral health services and behavioral health supports; provided, that any grants shall be administered pursuant to part B of subchapter XII-A of Chapter 3 of Title 1 [ 1-328.11 et seq.]; (8) Arrange for, or directly provide, a Comprehensive Psychiatric Emergency Program for all persons identified to the Department who meet criteria for admission for such services; (9) Arrange for a 24-hour, District-wide telephone communication service to provide intervention services for adults, children, and youth in need of behavioral health services and behavioral health supports, including observation, evaluation, emergency treatment, and, when necessary, referral for behavioral health services and behavioral health supports; (10) Be the exclusive agency to regulate all behavioral health services and behavioral health supports, including outpatient behavioral health services and all substance abuse and detoxification services; (11) Facilitate the delivery of acute inpatient behavioral health services and behavioral health supports through community or public hospitals in the District, including coordinating comprehensive behavioral health services and behavioral health supports for children, youth, and their families; (12) Upon request or on its own initiative, investigate, or ask another agency to investigate, any complaint alleging abuse or neglect of any consumer of behavioral health services, and, if the investigation by the Department or an investigation by any other agency or entity substantiates the charge of abuse or neglect, take appropriate action to correct the situation, including notification of other appropriate authorities; and (13) Exercise all other powers, duties, functions, and responsibilities previously assigned to the Department of Mental Health pursuant to Chapter 11A of this title [ 7-1131.01 et seq.], and to the Department of Health Addiction Prevention and Recovery Administration pursuant to Reorganization Plan No. 4 of 1996, effective July 17, 1996 (D.C. Official Code, Vol. 3) [Part A of subchapter XIV of Chapter 15 of Title 1].  (Dec. 24, 2013, D.C. Law 20-61,  5117, 60 DCR 12472.)  Section References This section is referenced in  7-1141.07. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-141, see  7149 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-141, see  7149 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  For temporary (90 days) addition of this section, see  5117 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5117 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 22-141:  7149 of D.C. Law 23-16 repealed  3 of D.C. Law 22-141.  For the requirement of a study of mental health and substance abuse in immigrant communities to be conducted by the Department of Behavioral Health, see  2 of the Study of Mental Health and Substance Abuse in Immigrant Communities Act of 2018, July 17, 2018, 65 DCR 5973. Section 3 of D.C. Law 22-141 provided that the law shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.  Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.07. Transfer of authority, functions, property, and personnel. (a) The following powers, duties, functions, and responsibilities are hereby transferred to the Department of Behavioral Health, effective October 1, 2013: (1) All real and personal property, Career and Excepted Service, Management Supervisory Service, trainee positions, assets, records, obligations, unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Mental Health and the Department of Health Addiction Prevention and Recovery Administration, or relating to the powers, duties, functions, operations, and administration set forth in  7-1141.06; (2) All of the functions assigned and authorities granted and delegated to the Director of the Department of Mental Health, and the Department of Mental Health, as set forth in Chapter 11A of this title [ 7-1131.01 et seq.]; and (3) All of the functions assigned and authorities granted and delegated to the Department of Health Addiction Prevention and Recovery as set forth in section IV(A)(3) of Reorganization Plan No. 4 of 1996, effective July 17, 1996 (D.C. Official Code, Vol. 3) [Part A of subchapter XIV of Chapter 15 of Title 1]. (b) The following powers, duties, functions, and responsibilities are hereby transferred to the Department of Health, effective October 1, 2014: (1) All property, Career and Excepted Service, Management Supervisory Service, and trainee positions, personnel, assets, records, obligations, unexpended balances of appropriations, allocations, and other funds available or to be made available to the Tobacco Control Program. (2) The Mayor shall coordinate, as necessary, the transfer from the Department to the Department of Health of any property, positions, personnel, assets, records, obligations, unexpended balances of appropriations, allocations, and other funds required for the management and operation of the Tobacco Control Program.  (Dec. 24, 2013, D.C. Law 20-61,  5118, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155,  5032, 61 DCR 9990.)  Effect of Amendments The 2015 amendment by D.C. Law 20-155 added (b). Emergency Legislation For temporary (90 days) addition of this section, see  5118 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5118 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) amendment of this section, see  5032 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5032 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5032 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.08. Rules. (a) All rulemaking and regulations for the administration of the Districts public mental health system and the addiction, recovery, and prevention system, issued under appropriate authority, shall continue in full force and effect until otherwise superseded. (b)(1) Any amendment to the terms medical necessity or medically necessary, as those terms are defined in section 3499.1 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR  3499.1), shall be issued by the Department by rulemaking. (2) The Department shall issue rules to establish criteria to determine whether mental health rehabilitation services, as that term is defined in section 3499.1 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR  3499.1), are medically necessary pursuant to section 3404.2 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR  3404.2). (3) The rules issued pursuant to this subsection shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.  (Dec. 24, 2013, D.C. Law 20-61,  5119, 60 DCR 12472; Mar. 22, 2019, D.C. Law 22-256,  2, 66 DCR 1342.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Medical Necessity Review Criteria Emergency Amendment Act of 2017 (D.C. Act 22-221, Dec. 28, 2017, 65 DCR 7).  For temporary (90 days) addition of this section, see  5119 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5119 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Medical Necessity Review Criteria Temporary Amendment Act of 2018 (D.C. Law 22-71, Mar. 28, 2018, 65 DCR 1366).  Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71141.09. Construction and abolishment. (a) To the extent any provision of Chapter 11A of this title [ 7-1131.01 et seq.], is inconsistent with a provision of this chapter, the provision of this chapter shall govern and shall be deemed to supersede the inconsistent provision. (b) The Department of Health Addiction Prevention and Recovery Administration as set forth in section IV(A)(3) of Reorganization Plan No. 4 of 1996, effective July 17, 1996 (D.C. Official Code, Vol. 3) [Part A of subchapter XIV of Chapter 15 of Title 1], is abolished.  (Dec. 24, 2013, D.C. Law 20-61,  5120, 60 DCR 12472.)  Emergency Legislation For temporary (90 days) addition of this section, see  5120 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5120 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the Department of Behavioral Health Establishment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71142.01. Definitions. [Not funded].  (Dec. 24, 2013, D.C. Law 20-61,  5120a; as added Mar. 11, 2015, D.C. Law 20-224,  2(b), 62 DCR 231.)  Editor's Notes Applicability of D.C. Law 20-224: Section 4 of D.C. Law 20-223 provided that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
 71142.02. Establishment of Behavioral Health Access Project. [Not funded].  (Dec. 24, 2013, D.C. Law 20-61,  5120b; as added Mar. 11, 2015, D.C. Law 20-224,  2(b), 62 DCR 231.)  Editor's Notes Applicability of D.C. Law 20-224: Section 4 of D.C. Law 20-223 provided that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
 71142.03. Reporting requirements. [Not funded].  (Dec. 24, 2013, D.C. Law 20-61,  5120c; as added Mar. 11, 2015, D.C. Law 20-224,  2(b), 62 DCR 231.)  Editor's Notes Applicability of D.C. Law 20-224: Section 4 of D.C. Law 20-223 provided that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
 71151.01. Statement of anticipated funding. No later than 30 days before the first day of a fiscal year, the Department of Mental Health shall issue to each certified Mental Health Rehabilitation Services provider a statement of anticipated annual funding. The statement shall include language that the anticipated funding level is subject to change based upon actual budget availability and at the discretion of the Department of Mental Health.  (Sept. 18, 2007, D.C. Law 17-20,  5052, 54 DCR 7052.)  Prior Codifications 2001 Ed.,  7-1141.01. Emergency Legislation For temporary (90 day) addition, see  5052 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549). For temporary (90 day) addition, see  5014 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746). For temporary (90 day) addition, see  5011 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374). Short Title Short title: Section 5051 of D.C. Law 17-20 provided that subtitle F of title V of the act may be cited as the Department of Mental Health Funding Allocation Act of 2007. Short title: Section 5013 of D.C. Law 17-219 provided that subtitle G of title V of the act may be cited as the Department of Mental Health Funding Allocation Act of 2008. Editor's Notes Section 5014 of D.C. Law 17-219 repeated the language of this section. Due to the codification of D.C. Law 20-61,  5112-5120 as Chapter 11B of this title, former Chapter 11B was renumbered as Chapter 11C.
 71201.01. Definitions. For purposes of this chapter: (1) Administrative information means a clients name, age, sex, address, identifying number or numbers, dates and character of sessions (individual or group), and fees. (2) Client means any individual who receives or has received professional services from a mental health professional in a professional capacity. (3) Client representative means an individual specifically authorized by the client in writing or by the court as the legal representative of that client. (4) Data collector means a person other than the client, mental health professional and mental health facility who regularly engages, in whole or in part, in the practice of assembling or evaluating client mental health information. (5) Diagnostic information means a therapeutic characterization which is of the type that is found in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or any comparable professionally recognized diagnostic manual. (6) Disclose means to communicate any information in any form (written, oral or recorded). (7) Group session means the provision of professional services jointly to more than 1 client in a mental health facility. (8) Insurance transaction means whenever a decision (be it adverse or otherwise) is rendered regarding an individuals eligibility for an insurance benefit or service. (8A) Joint consent means a process established by the Department of Mental Health pursuant to  7-1131.14(6) to enable all participating providers to rely on a single form in which a consumer of mental health services consents to the use of his or her protected mental health information by participating providers in the Department of Mental Healths organized health care arrangement, for the purposes of delivering treatment, obtaining payment for services and supports rendered, and performing certain administrative operations, such as quality assurance, utilization review, accreditation, and oversight. (9) Mental health information means any written, recorded or oral information acquired by a mental health professional in attending a client in a professional capacity which: (A) Indicates the identity of a client; and (B) Relates to the diagnosis or treatment of a clients mental or emotional condition. (10) Mental health facility means any hospital, clinic, office, nursing home, infirmary, provider as defined in  7-1131.02(27), or similar entity where professional services are provided. (11) Mental health professional means any of the following persons engaged in the provision of professional services: (A) A person licensed to practice medicine; (B) A person licensed to practice psychology; (C) A licensed social worker; (D) A professional marriage, family, or child counselor; (E) A rape crisis or sexual abuse counselor who has undergone at least 40 hours of training and is under the supervision of a licensed social worker, nurse, psychiatrist, psychologist, or psychotherapist; (F) A licensed nurse who is a professional psychiatric nurse; or (G) Any person reasonably believed by the client to be a mental health professional within the meaning of subparagraphs (A) through (F) of this paragraph. (11A) Organized health care arrangement means an organized system of health care in which more than one provider participates, and in which the participating providers hold themselves out to the public as participating in a joint arrangement, and either: (A) Participate in joint activities that include utilization review under Chapter 8 of Title 44, in which health care decisions by participating providers are reviewed by other participating providers or by a third party on their behalf; or (B) Participate in quality assessment and improvement activities under Chapter 8 of Title 44, in which mental health services or mental health supports provided by participating providers are assessed by other participating providers or by a third party on their behalf. (11B) Participating provider means a provider of mental health services or mental health supports who, through participation in the joint consent promulgated by the Department of Mental Health pursuant to  7-1131.14(6), joins the organized health care arrangement created by the Department of Mental Health. (12) Person means any governmental organization or agency or part thereof, individual, firm, partnership, copartnership, association or corporation. (13) Personal notes means mental health information regarding a client which is limited to: (A) Mental health information disclosed to the mental health professional in confidence by other persons on condition that such information not be disclosed to the client or other persons; and (B) The mental health professionals speculations. (14) Professional services means any form of diagnosis or treatment relating to a mental or emotional condition that is provided by a mental health professional. (15) Third-party payor means any person who provides accident and sickness benefits or medical, surgical or hospital benefits whether on an indemnity, reimbursement, service or prepaid basis, including, but not limited to, insurance carriers, governmental agencies and employers.  (Mar. 3, 1979, D.C. Law 2-136,  101, 25 DCR 5055; Mar. 25, 1986, D.C. Law 6-99,  1101(b), 33 DCR 729; July 22, 1992, D.C. Law 9-126,  3, 39 DCR 3824; May 23, 1995, D.C. Law 10-257,  401(a), 42 DCR 53; Dec. 18, 2001, D.C. Law 14-56,  116(f)(1), 48 DCR 7674.)  Prior Codifications 1981 Ed.,  6-2001. 1973 Ed.,  6-1611. Section References This section is referenced in  4-1321.02,  7-1201.04,  12-301,  14-307,  16-2333.01,  21-522,  21-527,  21-562,  21-2047, and  44-301.06. Effect of Amendments D.C. Law 14-56 added pars. (8A), (11A), and (11B); and inserted provider as defined in  7-1131.02(27), after infirmary, in par. (10). Emergency Legislation For temporary (90 day) amendment of section, see  16(f)(1) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(1) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(f)(1) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) amendment of section, see  2(a) of D.C. Mental Health Information Act of 1978 Temporary Amendment Act of 1986 (D.C. Law 6-174, February 24, 1987, law notification 34 DCR 1710). For temporary (225 day) amendment of section, see  16(f)(1) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71201.02. Disclosures prohibited; exceptions. (a) Except as specifically authorized by subchapter II, III, or IV of this chapter, no mental health professional, mental health facility, data collector or employee or agent of a mental health professional, mental health facility or data collector shall disclose or permit the disclosure of mental health information to any person, including an employer. (b) Except as specifically authorized by subchapter II or IV of this chapter, no client in a group session shall disclose or permit the disclosure of mental health information relating to another client in the group session to any person. (c) No violation of subsection (a) or (b) of this section occurs until a single act or series of acts taken together amount to a disclosure of mental health information.  (Mar. 3, 1979, D.C. Law 2-136,  102, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2002. 1973 Ed.,  6-1612. Transfer of Functions Pursuant to Reorganization Plan No. 5 of 1996, the function of providing mental health services to inmates in Department of Corrections facilities provided by the Bureau of Correctional Services, Commission on Mental Health Services, were transferred to the Department of Corrections.
 71201.03. Personal notes. If a mental health professional makes personal notes regarding a client, such personal notes shall not be maintained as a part of the clients record of mental health information. Notwithstanding any other provision of this chapter, access to such personal notes shall be strictly and absolutely limited to the mental health professional and shall not be disclosed except to the degree that the personal notes or the information contained therein are needed in litigation brought by the client against the mental health professional on the grounds of professional malpractice or disclosure in violation of this section.  (Mar. 3, 1979, D.C. Law 2-136,  103, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2003. 1973 Ed.,  6-1613. Section References This section is referenced in  7-1205.01.
 71201.04. General rules governing disclosures. (a) Upon disclosure of any of the clients mental health information pursuant to subchapter II, III, or IV of this chapter, a notation shall be entered and maintained with the clients record of mental health information which includes: (1) The date of the disclosure; (2) The name of the recipient of the mental health information; and (3) A description of the contents of the disclosure. (b) All disclosures of mental health information, except on an emergency basis as provided in  7-1203.03, shall be accompanied by a statement to the effect that: The unauthorized disclosure of mental health information violates the provisions of the District of Columbia Mental Health Information Act of 1978 ( 7-1201.01 to 7-1207.02). Disclosures may only be made pursuant to a valid authorization by the client or as provided in title III or IV of that Act. The Act provides for civil damages and criminal penalties for violations.  (Mar. 3, 1979, D.C. Law 2-136,  104, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2004. 1973 Ed.,  6-1614.
 71202.01. Disclosures by client authorization. Except as provided in  7-1202.06, a mental health professional, mental health facility, data collector or employee or agent of a mental health professional, mental health facility or data collector shall disclose mental health information and a client in a group session may disclose mental health information upon the voluntary written authorization of the person or persons who have the power to authorize disclosure under  7-1202.05.  (Mar. 3, 1979, D.C. Law 2-136,  201, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2011. 1973 Ed.,  6-1615. Section References This section is referenced in  7-1202.02 and  7-1202.03.
 71202.02. Form of authorization. (a) Any written authorization which authorizes disclosure pursuant to  7-1202.01 shall: (1) Specify the nature of the information to be disclosed, the type of persons authorized to disclose such information, to whom the information may be disclosed and the specific purposes for which the information may be used both at the time of the disclosure and at any time in the future; (2) Advise the client of his right to inspect his record of mental health information; (3) State that the consent is subject to revocation, except where an authorization is executed in connection with a clients obtaining a life or noncancellable or guaranteed renewable health insurance policy, in which case the authorization shall be specific as to its expiration date which shall not exceed 2 years from the date of the policy; or where an authorization is executed in connection with the clients obtaining any other form of health insurance in which case the authorization shall be specific as to its expiration date which shall not exceed 1 year from the date of the policy; (4) Be signed by the person or persons authorizing the disclosure; and (5) Contain the date upon which the authorization was signed and the date on which the authorization will expire, which shall be no longer than 365 days from the date of authorization. (b) Repealed. (c) A copy of such authorization shall: (1) Be provided to the client and the person authorizing the disclosure; (2) Accompany all such disclosures; and (3) Be included in the clients record of mental health information.  (Mar. 3, 1979, D.C. Law 2-136,  202, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56,  116(f)(2), 48 DCR 7674; Dec. 10, 2009, D.C. Law 18-88,  204(a), 56 DCR 7413.)  Prior Codifications 1981 Ed.,  6-2012. 1973 Ed.,  6-1616. Section References This section is referenced in  7-1202.04. Effect of Amendments D.C. Law 14-56, in subsec. (a)(5), inserted and the date on which the authorization will expire, which shall be no longer than 60 days from the date of authorization; and repealed subsec. (b) which had read: (b) Any authorization executed pursuant to subsection (a) of this section shall apply only to the disclosure of mental health information which exists as of the date of the authorization. D.C. Law 18-88, in subsec. (a)(5), substituted 365 days for 60 days. Emergency Legislation For temporary (90 day) amendment of section, see  16(f)(2) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(2) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(f)(2) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) amendment of section, see  204(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see  204(a) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). Temporary Legislation For temporary (225 day) amendment of section, see  16(f)(2) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71202.03. Redisclosure. Mental health information disclosed pursuant to this subchapter cannot be further disclosed by the recipient without authorization as provided in  7-1202.01.  (Mar. 3, 1979, D.C. Law 2-136,  203, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2013. 1973 Ed.,  6-1617.
 71202.04. Revocation of authorization. Except as provided in  7-1202.02(a)(3), the person or persons who authorize a disclosure may revoke an authorization by providing a written revocation to the recipient named in the authorization and to the mental health professional, mental health facility or data collector authorized to disclose mental health information. The revocation of authorization shall be effective upon receipt. After the effective revocation date, no mental health information may be disclosed pursuant to the authorization. However, mental health information previously disclosed may be used for the purposes stated in the written authorization.  (Mar. 3, 1979, D.C. Law 2-136,  204, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2014. 1973 Ed.,  6-1618.
 71202.05. Power to grant authorization. (a) When a client is 18 years of age or over, the client or client representative shall have the power to authorize disclosures. (b) When a client is under the age of 18, but beyond the age of 14, disclosures which require authorization may only be authorized by the joint written authorization of the client and the clients parent or legal guardian. When a client is less than 14 years of age, disclosures which require authorization may only be authorized by the clients parent or legal guardian. However, if the clients parent or legal guardian has not expressed consent to the mental health professional regarding the clients receipt of professional services, the client may, by written authorization, consent without any authorization from his parent or legal guardian.  (Mar. 3, 1979, D.C. Law 2-136,  205, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2015. 1973 Ed.,  6-1619. Section References This section is referenced in  7-1202.01.
 71202.06. Authority of mental health professional to limit authorized disclosures. (a) The mental health professional primarily responsible for the diagnosis or treatment of a client may refuse to disclose or limit disclosure of the clients mental health information even though such mental health information is disclosable by virtue of a valid authorization; provided, that: (1) Such mental health professional reasonably believes that such refusal or limitation on disclosure is necessary to protect the client from a substantial risk of imminent psychological impairment or to protect the client or another individual from a substantial risk of imminent and serious physical injury; and (2) The mental health professional notifies the person or persons who authorized the disclosure, in writing, of: (A) the refusal or limitation on disclosure; (B) the reasons for such refusal or limitation; and (C) the remedies under this chapter; provided, further, that, in an insurance transaction, the mental health professional shall inform the insurer that the authorized disclosure was refused or limited. (b) In the event the disclosure is limited by the mental health professional pursuant to subsection (a) of this section, the person or persons who authorized the disclosure may designate an independent mental health professional who shall be in substantially the same or greater professional class as the mental health professional who initially limited disclosure and who shall be permitted to review the clients record of mental health information. The independent mental health professional may authorize disclosure in whole or in part if, after a complete review of the clients record of mental health information, the independent mental health professional determines that the disclosure does not pose to the client a substantial risk of imminent psychological impairment or pose a substantial risk of imminent and serious physical injury to the client or another individual. (c) A person who has taken action to achieve disclosure in accordance with subsection (b) of this section may institute an action in the Superior Court of the District of Columbia to compel the disclosure of all or any part of the record of the clients mental health information which was not disclosed by the mental health professionals. An action instituted under this subsection shall be brought within 6 months of the denial, in whole or in part, of the disclosure by the independent mental health professional or the denial, in whole or in part, of disclosure to the independent mental health professional by the mental health professional. In the event that a person is indigent and is unable to obtain the services of an independent mental health professional, he may institute an action in the Superior Court of the District of Columbia, without regard to the provisions of subsection (b) of this section; provided, that the action is brought within 6 months of the denial, in whole or in part, of the disclosure by the mental health professional. If the person who instituted the action establishes that he executed a valid authorization which was transmitted to the mental health professional prior to the denial of disclosure by such mental health professional, the burden of proof shall then be placed upon the mental health professional to establish, by a preponderance of the evidence, that the denial of disclosure was in conformity with paragraphs (1) and (2) of subsection (a) of this section. (d) Any refusal or limitation on disclosure shall be noted in the clients record of mental health information including, but not limited to, the names of the mental health professionals involved, the date of the refusal or limitation, the requested disclosure and the actual disclosure, if any. (e) This section shall not apply to disclosures under  21-562 (concerning the disclosure of records of a client hospitalized in a public hospital for a mental illness) or court-related disclosures under subchapter IV of this chapter.  (Mar. 3, 1979, D.C. Law 2-136,  206, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2016. 1973 Ed.,  6-1620. Section References This section is referenced in  7-1202.01.
 71202.07. Limited disclosure to 3rd-party payors. (a) A mental health professional or mental health facility may disclose to a 3rd-party payor mental health information necessary to determine the clients entitlement to, or the amount of, payment benefits for professional services rendered; provided, that the disclosure is pursuant to a valid authorization, or for participating providers, a joint consent, and that the information to be disclosed is limited to: (1) Administrative information; (2) Diagnostic information; (3) The status of the client (voluntary or involuntary); (4) The reason for admission or continuing treatment; and (5) A prognosis limited to the estimated time during which treatment might continue. (b) In the event the 3rd-party payor questions the clients entitlement to or the amount of payment benefits following disclosure under subsection (a) of this section, the 3rd-party payor may, pursuant to a valid authorization, or for participating providers, a joint consent, request an independent review of the clients record of mental health information by a mental health professional or professionals. Mental health information disclosed for the purpose of review shall not be disclosed to the 3rd-party payor.  (Mar. 3, 1979, D.C. Law 2-136,  207, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56,  116(f)(3), 48 DCR 7674.)  Prior Codifications 1981 Ed.,  6-2017. 1973 Ed.,  6-1621. Section References This section is referenced in  44-301.07. Effect of Amendments D.C. Law 14-56, in subsecs. (a) and (b), substituted , or for participating providers, a joint consent, after a valid authorization. Emergency Legislation For temporary (90 day) amendment of section, see  16(f)(3) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(3) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(f)(3) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) amendment of section, see  16(f)(3) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71203.01. Disclosures within a mental health facility or to participating providers. (a) Mental health information may be disclosed to other individuals employed at the individual mental health facility when and to the extent necessary to facilitate the delivery of professional services to the client. (b) Subject to subsection (c) of this section, a health care provider or its third-party payor may disclose mental health information to another health care provider in connection with the diagnosis, evaluation, treatment, case management, conduct of quality assessment and improvement activities, or rehabilitation of a health or mental disorder or disease when and to the extent necessary to facilitate the delivery of health or professional services to the client. The authority to disclose mental health information under this subsection does not include the authority to disclose progress notes. (c)(1) A health care provider shall notify its clients, in plain language in writing, upon registration: (A) Whether the health care provider or its third-party payor privacy practices permit the disclosure of mental health information pursuant to subsection (b) of this section; and (B) That a client may request that his or her mental health information not be disclosed pursuant to subsection (b) of this section. (2) If a client requests that his or her mental health information not be disclosed, the health care provider or its third-party payor shall not disclose the clients mental health information pursuant to subsection (b) of this section; provided, that nothing contained in this subsection shall prohibit a health care provider from disclosing mental health information pursuant to another provision of this chapter or pursuant to Chapter 2B of this title [ 7-241 et seq.]. (d) For the purposes of this section, the term: (1) Health care provider means: (A) A person who is licensed, certified, or otherwise authorized under Chapter 12 of Title 3 [  3-1201.01 et seq.] to provide health care in the ordinary course of business or practice of a health occupation or in an approved education or training program; (B) A person licensed or permitted to practice a health occupation under the laws of another state; or (C) A facility where health or mental health services are provided to patients or recipients, including a hospital, clinic, office, nursing home, infirmary, health maintenance organization, medical laboratory, provider, as defined by  7-1131.02(27), or similar entity licensed, certified, or otherwise authorized by the District of Columbia. (2) Progress notes means notes recorded, in any medium, by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individuals medical record. The term progress notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.  (Mar. 3, 1979, D.C. Law 2-136,  301, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56,  116(f)(4), 48 DCR 7674; Dec. 15, 2015, D.C. Law 21-37,  2, 62 DCR 13739; Mar. 13, 2019, D.C. Law 22-244,  2, 66 DCR 960.)  Prior Codifications 1981 Ed.,  6-2021. 1973 Ed.,  6-1622. Effect of Amendments D.C. Law 14-56, in the heading, substituted facility. for facility or to participating providers.; designated subsec. (a); and added subsec. (b). The 2015 amendment by D.C. Law 21-37 rewrote (b); and added (c) and (d). Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Mental Health Information Disclosure Emergency Amendment Act of 2018 (D.C. Act 22-311, Apr. 4, 2018, 65 DCR 3804).  For temporary (90 day) amendment of section, see  16(f)(4) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(4) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see  116(f)(4) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Mental Health Information Disclosure Temporary Amendment Act of 2018 (D.C. Law 22-117, July 3, 2018, 65 DCR 5062).  For temporary (225 day) amendment of section, see  16(f)(4) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71203.02. Disclosures under law. Mental health information may be disclosed by a mental health professional or mental health facility where necessary and, to the extent necessary: (1) To meet the requirements of  21-586 (concerning financial responsibility for the care of hospitalized persons); (2) To meet the compulsory reporting provisions of District or federal law that seek to promote human health and safety, including  4-1371.12; (3) For the purposes of and in accordance with Chapter 2B of this title [ 7-241 et seq.]; or (4) To meet the requirements of  22-4234(b-3).  (Mar. 3, 1979, D.C. Law 2-136,  302, 25 DCR 5055; Oct. 3, 2001, D.C. Law 14-28,  4616, 48 DCR 6981; Dec. 4, 2010, D.C. Law 18-273,  204(a), 57 DCR 7171; Apr. 27, 2021, D.C. Law 23-274,  902, 68 DCR 001034.)  Prior Codifications 1981 Ed.,  6-2022. 1973 Ed.,  6-1623. Section References This section is referenced in  4-1371.06 and  16-1054. Effect of Amendments D.C. Law 14-28, inserted , including  4-1317.12. D.C. Law 18-273 rewrote the section, which had read as follows: Mental health information may be disclosed by a mental health professional or mental health facility where necessary and, to the extent necessary, to meet the requirements of  21-586 (concerning financial responsibility for the care of hospitalized persons) or to meet the compulsory reporting provisions of District or federal law which attempt to promote human health and safety, including  4-1317.12. Emergency Legislation  For temporary (90 days) amendment of this section, see  3 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-423, Oct. 26, 2020, 67 DCR 12830).   For temporary (90 days) amendment of this section, see  3 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2020 (D.C. Act 23-357, Aug. 5, 2020, 67 DCR 9658).   For temporary (90 days) amendment of this section, see  3 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-138, Oct. 23, 2019, 66 DCR 14313).   For temporary (90 days) , see  3 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2019 (D.C. Act 23-106, July 24, 2019, 66 DCR 9754).  For temporary (90 day) amendment of section, see  16 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917). For temporary (90 day) amendment of section, see  16 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355). For temporary (90 day) amendment of section, see  204(a) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  204(a) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Temporary Legislation  For temporary (225 days) amendment of this section, see  3 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2020 (D.C. Law 23-150, Dec. 3, 2020, 67 DCR 9902).   For temporary (225 days) amendment of this section, see  3 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2019 (D.C. Law 23-41, Jan. 10, 2020, 66 DCR 13139).  For temporary (225 day) amendment of section, see  16 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
 71203.03. Disclosures on an emergency basis. (a) To the extent the disclosure of mental health information is not otherwise authorized by this chapter, mental health information may be disclosed, on an emergency basis, to one or more of the following if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client under  21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury: (1) The clients spouse, parent, or legal guardian; (2) A duly accredited officer or agent of the District of Columbia in charge of public health; (3) The Department of Mental Health; (4) A provider as that term is defined in  7-1131.02(27); (5) The District of Columbia Pretrial Services Agency; (6) The Court Services and Offender Supervision Agency; (7) A court exercising jurisdiction over the client as a result of a pending criminal proceeding; (8) Emergency medical personnel; (9) An officer authorized to make arrests in the District of Columbia; or (10) An intended victim. (a-1) Any disclosure of mental health information under this section shall be limited to the minimum necessary to initiate or seek emergency hospitalization of the client under  21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury. (b) Mental health information disclosed to the Metropolitan Police Department pursuant to this section shall be maintained separately and shall not be made a part of any permanent police record. Such mental health information shall not be further disclosed except as a court-related disclosure pursuant to subchapter IV of this chapter. If no judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations governing the nature of the judicial action, the mental health information shall be destroyed. If a judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations, the mental health information shall be destroyed at the termination of the judicial action. (c) Mental health information contained in a certification of incapacity, pursuant to  21-2204, may be disclosed to initiate a proceeding pursuant to Chapter 20 of Title 21.  (Mar. 3, 1979, D.C. Law 2-136,  303, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56,  116(f)(5), 48 DCR 7674; Oct. 22, 2008, D.C. Law 17-249,  4, 55 DCR 9206; Dec. 10, 2009, D.C. Law 18-88,  204(b), 56 DCR 7413.)  Prior Codifications 1981 Ed.,  6-2023. 1973 Ed.,  6-1624. Section References This section is referenced in  7-1201.04 and  44-301.06. Effect of Amendments D.C. Law 17-249 added subsec. (c). D.C. Law 18-88 rewrote subsec. (a) and added subsec. (a-1). Prior to amendment, subsec. (a) read as follows: (a) Mental health information may be disclosed, on an emergency basis, to 1 or more of the following: The clients spouse, parent, legal guardian, a duly accredited officer or agent of the District of Columbia in charge of public health, the Department of Mental Health, a provider as defined in  7-1131.02(27), an officer authorized to make arrests in the District of Columbia or an intended victim if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client under  21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury. Emergency Legislation For temporary (90 day) amendment of section, see  16(f)(5) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(5) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment, see  4 of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). For temporary (90 day) amendment of section, see  204(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see  204(b) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). Temporary Legislation For temporary (225 day) amendment of section, see  16(f)(5) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71203.04. Disclosures for collection of fees. (a) A mental health professional or mental health facility may disclose the administrative information necessary for the collection of his or its fee from the client to a person authorized by the mental health professional or mental health facility for the collection of a fee from such client if the client or client representative has received a written notification that the fee is due and has failed to arrange for payment with the mental health professional or mental health facility within a reasonable time after such notification. (b) In the event of a claim in any civil action for the collection of such a fee, no additional mental health information shall be disclosed in litigation, except to the extent necessary: (1) To respond to a motion of the client or client representative for greater specificity; or (2) To dispute a defense or counterclaim.  (Mar. 3, 1979, D.C. Law 2-136,  304, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2024. 1973 Ed.,  6-1625.
 71203.05. Disclosures for research, auditing and program evaluation. In addition to the disclosures authorized pursuant to Chapter 2B of this title [ 7-241 et seq.], a mental health professional or mental health facility may disclose mental health information to qualified personnel, if necessary, for the purpose of conducting scientific research or management audits, financial audits or program evaluation of the mental health professional or mental health facility; provided, that such personnel have demonstrated and provided assurances, in writing, of their ability to insure compliance with the requirements of this chapter. Such personnel shall not identify, directly or indirectly, an individual client in any reports of such research, audit or evaluation, or otherwise disclose client identities in any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C.  1320d et seq.).  (Mar. 3, 1979, D.C. Law 2-136,  305, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273,  204(b), 57 DCR 7171.)  Prior Codifications 1981 Ed.,  6-2025. 1973 Ed.,  6-1626. Effect of Amendments D.C. Law 18-273 inserted In addition to the disclosures authorized pursuant to Chapter 2B of this title, a mental health professional; and inserted any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C.  1320d et seq.). Emergency Legislation For temporary (90 day) amendment of section, see  204(b) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  204(b) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 71203.05a. Disclosures to correctional institutions or law enforcement officials. (a) A mental health professional or mental health facility may disclose to a correctional institution or a law enforcement official having lawful custody of an individual mental health information about the individual to facilitate the delivery of mental health services and mental health supports to the individual. (b) Any disclosure of mental health information under this section shall be limited to the minimum necessary to facilitate the delivery of mental health services and mental health supports.  (Mar. 3, 1979, D.C. Law 2-136,  305a; as added Dec. 10, 2009, D.C. Law 18-88,  204(c), 56 DCR 7413.)  Emergency Legislation For temporary (90 day) addition, see  204(c) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) addition, see  204(c) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
 71203.06. Redisclosure. Mental health information disclosed pursuant to this subchapter shall not be redisclosed except as specifically authorized by subchapter II, III or IV of this chapter or for the purposes of and in accordance with Chapter 2B of this title [ 7-241 et seq.].  (Mar. 3, 1979, D.C. Law 2-136,  306, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273,  204(c), 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(b)(1), 59 DCR 6190.)  Prior Codifications 1981 Ed.,  6-2026. 1973 Ed.,  6-1627. Effect of Amendments D.C. Law 18-273 substituted of this chapter or for the purposes of and in accordance with Chapter 2B of this title for of this chapter. The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) amendment of section, see  204(c) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  204(c) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 71204.01. Court-ordered examinations. Except as provided elsewhere by law, mental health information acquired by a mental health professional pursuant to a court-ordered examination may be disclosed in a manner provided by rules of court or by order of the court.  (Mar. 3, 1979, D.C. Law 2-136,  401, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56,  116(f)(6), 48 DCR 7674.)  Prior Codifications 1981 Ed.,  6-2031. 1973 Ed.,  6-1628. Effect of Amendments D.C. Law 14-56, inserted or by order of the court.. Emergency Legislation For temporary (90 day) amendment of section, see  16(f)(6) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see  16(f)(6) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). Temporary Legislation For temporary (225 day) amendment of section, see  16(f)(6) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
 71204.02. Civil commitment proceedings; extreme risk protection orders.  Mental health information may be disclosed by a mental health professional when and to the extent necessary to: (1) Initiate or seek civil commitment proceedings under  21-541; or (2) Request an extreme risk protection order under subchapter X of Chapter 25 of this title.  (Mar. 3, 1979, D.C. Law 2-136,  402, 25 DCR 5055; Apr. 27, 2021, D.C. Law 23-274,  101(a), 68 DCR 001034.)  Prior Codifications 1981 Ed.,  6-2032. 1973 Ed.,  6-1629. Emergency Legislation  For temporary (90 days) amendment of this section, see  3(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  2(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).  Temporary Legislation  For temporary (225 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 71204.03. Court actions. (a) Mental health information may be disclosed in a civil or administrative proceeding in which the client or the client representative or, in the case of a deceased client, any party claiming or defending through or a beneficiary of the client, initiates his mental or emotional condition or any aspect thereof as an element of the claim or defense. (b)(1) In addition to mental health information that is disclosed when a defendants competence or mental health is at issue or when otherwise authorized by law, in a criminal proceeding, the court may order the disclosure, or redisclosure, of a defendant or offenders mental health information when and only to the extent necessary to monitor the defendant or offenders compliance with a condition of pretrial release, probation, parole, supervised release, or diversion agreement that the defendant or offender obtain or comply with mental health treatment ordered by a court or the U.S. Parole Commission. (2) Any disclosure or redisclosure of mental health information ordered under this subsection shall be limited to the minimum necessary to monitor the individuals compliance and the courts order shall specify the information that may be disclosed or redisclosed. (c) Mental health information shall be disclosed to the Office of the Attorney General for the District of Columbia in response to a court order issued pursuant to  7-2502.03(f)(3)(A)(i) or  7-2510.03(d)(2)  (Mar. 3, 1979, D.C. Law 2-136,  403, 25 DCR 5055; Dec. 10, 2009, D.C. Law 18-88,  204(d), 56 DCR 7413; Apr. 27, 2021, D.C. Law 23-274,  101(b), 68 DCR 001034.)  Prior Codifications 1981 Ed.,  6-2033. 1973 Ed.,  6-1630. Effect of Amendments D.C. Law 18-88 designated the existing text as susbsec. (a); and added subsec. (b). Emergency Legislation  For temporary (90 days) amendment of this section, see  3(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  2(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).  For temporary (90 day) amendment of section, see  204(d) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see  204(d) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). Temporary Legislation  For temporary (225 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 71204.04. Redisclosure. Redisclosure of any mental health information disclosed pursuant to this subchapter shall be governed by order of the court or, if no order is issued, by the rules of the Superior Court of the District of Columbia.  (Mar. 3, 1979, D.C. Law 2-136,  404, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2034. 1973 Ed.,  6-1631.
 71204.05. Court records; anonymity of parties. A client, client representative or any other party in a civil, criminal or administrative action, in which mental health information has been or will be disclosed, shall have the right to move the court to denominate, style or caption the names of all parties as John Doe or otherwise protect the anonymity of all of the parties.  (Mar. 3, 1979, D.C. Law 2-136,  405, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2035. 1973 Ed.,  6-1632.
 71205.01. Right to access. Except as provided in this subchapter and in  7-1201.03, a mental health professional, mental health facility or data collector shall permit any client or client representative, upon written request, to inspect and duplicate the clients record of mental health information maintained by the mental health professional, mental health facility or data collector within 30 days from the date of receipt of the request. A mental health professional, responsible for the diagnosis or treatment of the client, shall have the opportunity to discuss the mental health information with the client or client representative at the time of such inspection. In the case of a request to a data collector for disclosure of mental health information pursuant to this section, the data collector shall grant access either: (1) directly to the requestor; or (2) indirectly by providing the mental health information to a mental health professional designated by the requestor. If the mental health professional designated by the requestor is not the person who disclosed the mental health information to the data collector, he shall be in substantially the same or greater professional class as the mental health professional who disclosed the mental health information to the data collector.  (Mar. 3, 1979, D.C. Law 2-136,  501, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2041. 1973 Ed.,  6-1633. Section References This section is referenced in  7-1205.04.
 71205.02. Authority to limit access. A mental health professional or mental health facility may limit the disclosure of portions of a clients record of mental health information to the client or client representative only if the mental health professional primarily responsible for the diagnosis or treatment of such client reasonably believes that such limitation is necessary to protect the client from a substantial risk of imminent psychological impairment or to protect the client or another individual from a substantial risk of imminent and serious physical injury. The mental health professional shall notify the client or client representative if the mental health professional does not grant complete access.  (Mar. 3, 1979, D.C. Law 2-136,  502, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2042. 1973 Ed.,  6-1634.
 71205.03. Review by independent mental health professional. In the event that disclosure of the clients information is limited, the client or client representative may designate an independent mental health professional who shall be in substantially the same or greater professional class as the mental health professional who initially limited disclosure and who shall be permitted to review the clients record of mental health information. The independent mental health professional shall permit the client or client representative to inspect and duplicate those portions of the clients record of mental health information which, in his judgment, do not pose a substantial risk of imminent psychological impairment to the client or pose a substantial risk of imminent and serious physical injury to the client or another individual. In the event that the independent mental health professional allows the client to inspect and duplicate additional portions of the clients record of mental health information, the mental health professional primarily responsible for the diagnosis or treatment of the client shall have the opportunity to discuss the information with the client at the time of transmittal, examination and duplication of information.  (Mar. 3, 1979, D.C. Law 2-136,  503, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2043. 1973 Ed.,  6-1635. Section References This section is referenced in  7-1205.04.
 71205.04. Judicial action to compel access. A client or client representative who has taken action in accordance with this subchapter may institute an action in the Superior Court of the District of Columbia to compel access to all or any part of the clients record of mental health information which was denied by the mental health professional. An action initiated under this section shall be brought within 6 months of the denial of access, in whole or in part, by the independent mental health professional. In the event that a person is indigent and is unable to obtain the services of an independent mental health professional, he may institute an action in the Superior Court of the District of Columbia, without regard to the provisions of  7-1205.03; provided, that the action is brought within 6 months of the denial of access, in whole or in part, by the mental health professional. If the person who instituted the action establishes that he made a request for access in compliance with  7-1205.01, the burden of proof shall be placed upon the mental health professional to establish by a preponderance of the evidence that the denial of access was in conformity with subchapter V of this chapter.  (Mar. 3, 1979, D.C. Law 2-136,  504, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2044. 1973 Ed.,  6-1636.
 71205.05. Right to correct information. (a) The mental health professional, mental health facility and data collector shall maintain the clients mental health information in an accurate and complete manner. (b) In the event that the client or client representative questions the accuracy or completeness of the clients record of mental health information, he may, within 15 days of the date of access, submit a written amendment of reasonable length to the mental health professional, mental health facility or data collector, as the case may be. The mental health professional, mental health facility or data collector shall either: (1) Amend the clients mental health information record in accordance with the proposed amendment; or (2) Include the proposed amendment as part of the clients mental health information record; provided, that the client may, at his option, withdraw the proposed amendment or file a more concise statement of disagreement as a substitute for the proposed amendment. (c) If the requested amendment was adopted, the mental health professional, mental health facility or data collector shall either promptly transmit the clients amended record or the requested amendment to all persons to whom the clients unamended mental health information had been disclosed or promptly inform the client of the names and addresses of such persons not receiving the amended record or the requested amendment. In any such disclosure made pursuant to this subsection, the mental health professional, mental health facility or data collector, as the case may be, may also include a statement of reasons for not adopting the requested amendment.  (Mar. 3, 1979, D.C. Law 2-136,  505, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2045. 1973 Ed.,  6-1637. Section References This section is referenced in  7-1207.01.
 71206.01. Security requirement. Mental health professionals, mental health facilities and data collectors shall maintain records of mental health information in a secure manner as to effectuate the purposes of this chapter. Any entity that receives mental health information shall have appropriate administrative, technical, and physical safeguards in place to protect the confidentiality of mental health information and shall promptly notify the Department of Mental Health in writing of any unauthorized disclosure or use of mental health information.  (Mar. 3, 1979, D.C. Law 2-136,  601, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273,  204(d), 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(b)(2), 59 DCR 6190.)  Prior Codifications 1981 Ed.,  6-2051. 1973 Ed.,  6-1638. Effect of Amendments D.C. Law 18-273 added the second sentence. The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) amendment of section, see  204(d) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  204(d) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 71206.02. Notice requirement  Employees and agents with access to information. Mental health professionals, mental health facilities and data collectors shall provide employees and agents who have lawful access to mental health information in the course of their employment with a written statement of the requirement of maintaining the security of records of mental health information and of the penalties provided in this chapter for unauthorized disclosure.  (Mar. 3, 1979, D.C. Law 2-136,  602, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2052. 1973 Ed.,  6-1639.
 71206.03. Notice Requirement  Clients in group sessions. Mental health professionals shall provide clients in a group session with a written statement of the prohibition against the unauthorized disclosure of mental health information and the penalties provided in this chapter for unauthorized disclosure.  (Mar. 3, 1979, D.C. Law 2-136,  603, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2053. 1973 Ed.,  6-1640.
 71207.01. Civil liability. (a) Except for violations of  7-1205.05(a), any person who negligently violates the provisions of this chapter shall be liable in an amount equal to the damages sustained by the client plus the costs of the action and reasonable attorneys fees. (b) Except for violations of  7-1205.05(a), any person who willfully or intentionally violates the provisions of this chapter shall be liable in damages sustained by the client in an amount not less than $1,000 plus the costs of the action and reasonable attorneys fees. (c) Either party is entitled to trial by jury, upon request.  (Mar. 3, 1979, D.C. Law 2-136,  701, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2061. 1973 Ed.,  6-1641.
 71207.02. Criminal penalties. (a) Except for violations of subchapter V of this chapter, any person who willfully violates the provisions of this chapter shall be guilty of a misdemeanor and such violator shall be fined not more than $1,000 or imprisoned for not more than 60 days, or both. (b) Any person who knowingly obtains mental health information from a mental health professional, mental health facility or data collector, under false pretenses or through deception, shall be guilty of a misdemeanor and shall be fined not more than $5,000 or imprisoned not more than 90 days, or both.  (Mar. 3, 1979, D.C. Law 2-136,  702, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2062. 1973 Ed.,  6-1642.
 71208.01. Penalties under other laws. Any civil liability or criminal penalty imposed for violation of this chapter is, in addition to and not in lieu of, any civil or administrative remedy, penalty or sanction otherwise authorized by law. This chapter and the penalties prescribed for violations of this chapter shall not supersede but shall supplement all statutes of the District government and the United States government in which similar conduct is prohibited or regulated.  (Mar. 3, 1979, D.C. Law 2-136,  801, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2071. 1973 Ed.,  6-1643.
 71208.02. Prescriptions. Nothing in this chapter shall be construed as limiting or interfering with District of Columbia, state or federal regulation and monitoring of the handling and dispensing of prescription drugs.  (Mar. 3, 1979, D.C. Law 2-136,  802, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2072. 1973 Ed.,  6-1644.
 71208.03. Authority of the Commission on Mental Health. Nothing in this chapter shall be construed to apply to the operations of the Commission on Mental Health.  (Mar. 3, 1979, D.C. Law 2-136,  803, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2073. 1973 Ed.,  6-1645.
 71208.04. Prohibition against waiver. Any consent or agreement purporting to waive the provisions of this chapter is hereby declared to be against public policy and void.  (Mar. 3, 1979, D.C. Law 2-136,  804, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2074. 1973 Ed.,  6-1646.
 71208.05. [Reserved].
 71208.06. Conflict with federal law. Nothing in this chapter shall be construed or applied to necessarily require or excuse noncompliance with any provision of any federal law.  (Mar. 3, 1979, D.C. Law 2-136,  806, 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2075. 1973 Ed.,  6-1647.
 71208.07. Effective date. The provisions of this chapter shall take effect pursuant to  1-206.02(c)(1) and shall govern all mental health information regardless of when such information came into existence. However, the provisions of this chapter which create liabilities shall only apply to acts or failures to act which occur on or after the effective date.  (Mar. 3, 1979, D.C. Law 2-136,  807(a), 25 DCR 5055.)  Prior Codifications 1981 Ed.,  6-2076. 1973 Ed.,  6-1648.
 71231.01. Short title. This chapter may be cited as the Mental Health Consumers Rights Protection Act of 2001.  (Dec. 18, 2001, D.C. Law 14-56,  201, 48 DCR 7674.)  Section References This section is referenced in  21-561 and  21-563. Emergency Legislation For temporary (90 day) addition of section, see  201 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.02. Definitions. For the purposes of this chapter, the term: (1) Abuse means any knowing, reckless, or intentional act or omission by a provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, injury, death, or financial exploitation of a consumer. (2) Attorney-in-fact means a person provided with a consumers durable power of attorney for health care in accordance with  21-2205(a). (3) Capacity means the ability to understand and appreciate the nature and consequences of the proposed treatment, including the benefits and risks of, and alternatives to, the proposed treatment, and to make and communicate a decision regarding the proposed treatment. (4) Consumers means adults, children, or youth who seek or receive mental health services or mental health supports in the District of Columbia under Chapter 5 of Title 21, without regard to voluntary, non-protesting, or involuntary status. (5) Court means the Superior Court of the District of Columbia. (6) Declaration of advance instructions means a statement of a consumers treatment preferences, including his or her informed choice to accept or forego particular mental health services and mental health supports. (7) Department of Mental Health or Department means the Department of Mental Health established pursuant to Chapter 11A of this Title [ 7-1131.01 et seq.]. (8) Director means the Director of the Department of Mental Health. (8A) Domestic partnership shall have the same meaning as provided in  32-701(4)). (9) Drug used as a restraint means a medication that is used in addition to or in place of the consumers regular, prescribed drug regimen to control extreme behavior during an emergency, but does not include medications that comprise the consumers regular, prescribed medical regimen and that are part of the consumers service plan, even if their purpose is to control ongoing behavior. (10) Emancipated minor means any minor who is living separate and apart from his or her parent(s) or legal guardian, with or without the consent of the parent(s) or legal guardian and regardless of the duration of such separate residence, and who is managing his or her own personal and financial affairs, regardless of the source or extent of the minors income. (11) Emergency means a situation in which a consumer is experiencing a mental health crisis and in which the immediate provision of mental health treatment is, in the written opinion of the attending physician, necessary to prevent serious injury to the consumer or others. (11A) Gender identity or expression shall have the same meaning as provided in  2-1401.02(12A). (12) Grievance means a description by any individual of his or her dissatisfaction with the Department or other provider, including the denial or abuse of any consumer right or protection provided in this chapter or in other law. (13) IDEA means the Individuals with Disabilities Education Act, approved June 4, 1997 (111 Stat. 37; 20 U.S.C.  1400 et seq.). (14) Individual Plan of Care means the individualized service plan for the care of a child or youth with or at risk of mental health problems, including processes for the appropriate transition of youth receiving mental health services and mental health supports from the system of care for children, youth, and their families into the system of care for adults. (15) Individual Recovery Plan means the individualized service plan for the treatment of a person with mental illness. (16) Mental health services means services delivered in the District of Columbia for the purpose of addressing mental illness or mental health problems. (17) Mental health supports means supports delivered in the District of Columbia for the purpose of addressing mental illness or mental health problems. (18) Minor means a person under 18 years of age, but shall not include a person who is an emancipated minor or who is married. (19) Neglect means any act or omission by a provider which causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, the injury, death, or financial exploitation of a consumer. (20) Physical restraint means any mechanical device, material, or equipment attached or adjacent to the consumers body, or any manual method, that the consumer cannot easily remove and that restricts his or her freedom of movement or normal access to his or her body. (21) Provider means an individual or entity that: (A) Is duly licensed or certified to provide mental health services or mental health supports in the District of Columbia; or (B) Has entered into an agreement with the Department to provide mental health services or mental health supports. (22) Residents of the District means persons who voluntarily live in the District and have no intention of presently removing themselves from the District. The term residents of the District shall not include persons who live in the District solely for a temporary purpose. Residency shall not be affected by temporary absence from and the subsequent return or intent to return to the District. Residency shall not depend upon the reason that persons entered the District, except to the extent that it bears upon whether they are in the District for a temporary purpose. (23) Restraint means either a physical restraint or a drug that is being used as a restraint. (24) Seclusion means any involuntary confinement of a consumer alone in a room or an area from which the consumer is either physically prevented from leaving or from which the consumer is led to believe he or she cannot leave at will. (25) Service plan means an Individual Plan of Care or Individual Recovery Plan as defined in this section. (25A) Sexual orientation change efforts means a practice by a provider that seeks to change a consumers sexual orientation, including efforts to change behaviors, gender identity or expression, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same sex or gender; provided, that the term  sexual orientation change efforts  shall not include counseling for a consumer seeking to transition from one gender to another, or counseling that provides acceptance, support, and understanding of a consumer or facilitates a consumers coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices in a manner that does not seek to change a consumers sexual orientation. (26) Substantial change means a significant change in the type of mental health services or mental health supports being delivered to the consumer, a change in the consumers service provider, or a change in the consumers primary service location, but shall not include: (A) Changes in the routine day-to-day care of the consumer; (B) Routine or periodic changes or adjustments in the consumers regular, prescribed drug regimen; (C) Changes relating to the consumers routine or minor medical care needs; (D) Formulation of the consumers initial service plan; or (E) Changes specifically contemplated in a service plan regarding which the personal representative has already received notification. (27) Substitute health care decision-maker means an individual authorized to make decisions about an incapacitated consumers health care treatment pursuant to  21-2210(a). (28) System of care for adults means a community support system for persons with mental illness that is developed through collaboration in the administration, financing, resource allocation, training, and delivery of services across all appropriate public systems. Each persons mental health services and mental health supports are based on an Individual Recovery Plan, designed to promote recovery and develop social, community, and personal living skills, and to meet essential human needs, and includes the appropriate integrated, community-based outpatient services and inpatient care, outreach, emergency services, crisis intervention and stabilization, age-appropriate educational and vocational readiness and support, housing and residential treatment and support services, family and caregiver supports and education, and services to meet special needs, which may be delivered by both public and private entities. (29) System of care for children, youth, and their families means a community support system for children or youth with mental health problems and their families, which is developed through collaboration in the administration, financing, resource allocation, training, and delivery of services across all appropriate public systems. Each childs or youths mental health services and mental health supports are based on a single, child-and youth-centered, and family-focused Individual Plan of Care, encompassing all necessary and appropriate services and supports, which may be delivered by both public and private entities. Prevention, early intervention, and mental health services and mental health supports to meet individual and special needs are delivered in natural, nurturing, and integrated environments, recognize the importance of and support for the maintenance of enduring family relationships, and are planned and developed within the District and as close to the childs or youths home as possible so that families need not relinquish custody to secure treatment for their children and youth.  (Dec. 18, 2001, D.C. Law 14-56,  202, 48 DCR 7674; June 25, 2008, D.C. Law 17-177,  9(a), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231,  17(a), 55 DCR 6758; Mar. 11, 2015, D.C. Law 20-218,  2(a), 62 DCR 7.)  Effect of Amendments D.C. Law 17-177 added par. (11A). D.C. Law 17-231 added par. (8A). The 2015 amendment by D.C. Law 20-218 added (25A). Emergency Legislation For temporary (90 day) addition of section, see  202 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.03. Forensic consumers. Nothing in this chapter is intended to abridge the rights of persons committed to the care of the Department by order of the court in a criminal proceeding.  (Dec. 18, 2001, D.C. Law 14-56,  203, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  203 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.04. Conditions of mental health service delivery. (a) The Department and other providers shall, at all times, treat consumers with consideration and respect for the consumers dignity, autonomy, and privacy. Respectful treatment shall also be extended to the consumers family members, personal representative, attorney-in-fact, and guardian. (b) Consumers shall have access to mental health services and mental health supports free of discrimination on the basis of race, color, religion, national origin, language, culture, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, and place of residence. (c) Consumers shall be free from physical, emotional, sexual, or financial abuse, neglect, harassment, coercion, and exploitation when seeking or receiving mental health services and mental health supports. (d) Consumers shall receive their individual mental health services and mental health supports in the least restrictive, most integrated setting appropriate to their individual needs. (e) Consumers in residential, day, or inpatient treatment programs shall have the following additional rights, consistent with the health and safety of the consumer and others: (1) Free communication with, and reasonable visitation by, their attorneys, attorneys-in-fact, clergy, family members, significant others, personal representatives, and guardians; (2) Access to telephones to make and receive confidential calls, including free local calls and reasonable access to free long distance calls for indigent consumers, and assistance in calling if requested and needed; (3)(A) Opportunities to communicate by sealed, uncensored mail or otherwise with officials in the Department, their attorneys, the court, and their personal physicians or qualified psychologists; (B) All mail or communications other than those referred to in subparagraph (A) of this paragraph may be read only if there is reason to believe, documented in the consumers clinical record, that such mail or communications contains items, information, or substances which may be harmful to the consumer or others. In such cases, the provider shall notify the consumer of the action taken with regard to the correspondence and the reason therefor. Incoming mail not delivered to the consumer in accordance with this subsection shall be returned to the sender; and (C) Writing materials and postage stamps shall be made available for use by consumers, and upon request, the provider shall assist the consumer in writing, addressing, and posting letters and other documents; (4) Freedom to wear their own clothes and to keep and use personal possessions, including toilet articles, unless a physician determines and documents in the consumers clinical record that specific limitations on these rights are necessary for a clinical purpose; (5) Freedom to maintain their personal appearance, including head and body hair, in a reasonable manner according to personal taste, unless it adversely affects the health or safety of the consumer or others; (6) Access to reasonable individual storage space for private use; (7) Freedom to engage in or abstain from the practice of religion, and freedom from harassment aimed at encouraging the consumer to engage in the religious practices of the provider or other consumers; (8) Reasonable opportunities for social interaction with members of either sex, unless such interaction is specifically limited or withheld under a consumers service plan because, in the written opinion of the consumers physician or qualified psychologist, permitting the consumer to interact freely with others presents a substantial risk of serious harm to the consumer or others or will substantially preclude effective treatment of the consumer; and (9) Reasonable opportunities for regular physical exercise and freedom to go outdoors at regular and frequent intervals.  (Dec. 18, 2001, D.C. Law 14-56,  204, 48 DCR 7674; June 25, 2008, D.C. Law 17-177,  9(b), 55 DCR 3696.)  Effect of Amendments D.C. Law 17-177, in subsec. (b), substituted sexual orientation, gender identity or expression for sexual orientation. Emergency Legislation For temporary (90 day) addition of section, see  204 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.05. Service planning. (a) Consumers shall have the right to meaningful participation in the development of their service plans, as well as the opportunity to participate in planning for their transition from one provider to another. Such service planning shall include the right to be informed about ones own condition and legal status, and of proposed or current services, treatment, therapies, or other available alternatives. In the course of service planning, no individual mental health service or mental health support shall be conditioned upon agreement to accept another service or support. (b) Beginning at least one year before a consumer transitions into the system of care for adults, or sooner if required under applicable law such as IDEA, a youths Individual Plan of Care shall be revised to include a statement regarding the needed transition services for the youth, including, if appropriate, a statement of the interagency responsibilities or any needed linkages with other services and supports. (c) The opportunities for participation in service planning described in this section shall extend to the consumers family members or personal representative if the consumer so requests orally or in writing. Family members or personal representatives who are participating in the consumers service planning, and to whom the consumer has authorized the release of information in accordance with Chapter 12 of this title, shall be notified whenever there is a substantial change in the consumers services or placement. (d) The consumer may revoke his or her consent to the participation or authorization for notification described in subsection (c) of this section at any time. (e) The Department, or other providers as appropriate, shall be responsible for ensuring that a consumers service plan is implemented.  (Dec. 18, 2001, D.C. Law 14-56,  205, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  205 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.06. Durable power of attorney for health care; declaration of advance instructions for mental health treatment. (a) All consumers may execute a durable power of attorney for health care in accordance with Chapter 22 of Title 21. The durable power of attorney for health care may include a statement of the consumers mental health treatment preferences, which shall be honored by his or her attorney-in-fact in accordance with  21-2206(c)(1), or by any substitute health care decision-maker in accordance with  21-2210(b). The consumers treatment preferences shall be followed by the Department or other provider, except for good cause as documented in the consumers clinical records, and shall never be overridden for the convenience of the Department or other provider. (b) For purposes of informing a substitute health care decision-maker about his or her mental health treatment preferences pursuant to  21-2210(b), a consumer may execute a declaration of advance instructions regarding his or her informed choice to accept or forego particular mental health services and mental health supports. A substitute health care decision-maker shall act in accordance with the consumers treatment preferences as expressed in the consumers declaration of advance instructions. The consumers treatment preferences shall be followed by the Department or other provider, except for good cause as documented in the consumers clinical records, and shall never be overridden for the convenience of the Department or other provider. (c) The existence of a consumers durable power of attorney for health care or declaration of advance instructions for mental health treatment shall not affect his or her right to make decisions about the receipt of particular mental health services and mental health supports when he or she is capable of making such decisions. (d)(1) The consumer shall provide for delivery of his or her durable power of attorney for health care or declaration of advance instructions for mental health treatment to his or her providers, attorney-in-fact, family members, and personal representative. (2) If the consumer is comatose, incompetent, or otherwise incapacitated, any other person may deliver the durable power of attorney for health care or declaration of advance instructions for mental health treatment to the consumers physician or to any health care provider serving the consumer. (3) Any provider who is notified of the consumers durable power of attorney for health care or declaration of advance instructions for mental health treatment shall promptly make the durable power of attorney or declaration a part of the consumers clinical records. (4) Any provider who has been notified of the existence of a consumers durable power of attorney for health care or declaration of advance instructions for mental health treatment shall make reasonable efforts to obtain the durable power of attorney or declaration for the purpose of assisting an attorney-in-fact or substituted decision-maker in making decisions about the particular mental health services and mental health supports to be provided to the consumer pursuant to Chapter 22 of Title 21.  (Dec. 18, 2001, D.C. Law 14-56,  206, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  206 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.07. Consent to mental health services and mental health supports. (a) Except in accordance with the procedure described in subsection (c)(3) of this section or as otherwise provided by law, no mental health services or mental health supports shall be provided absent a consumers informed consent. In seeking a consumers informed consent, the Department or other provider shall present the consumer with information about the proposed services or supports, including their purpose, side effects, and potential risks and benefits, as well as information about feasible alternative treatments. (b) If, after providing such information, the consumers physician is of the opinion that the consumer is incapable of making a decision regarding the provision of particular mental health services and mental health supports, the physician shall seek certification of the consumers incapacitation in accordance with Chapter 22 of Title 21. (c) If a consumer is certified as incapacitated in accordance with  21-2204, his or her physician shall seek to obtain consent to the provision of particular mental health services and mental health supports as follows: (1) If the physician is aware that the consumer has executed a durable power of attorney for health care pursuant to  21-2205, and the consumers attorney-in-fact is available and willing to make a decision pursuant to  21-2206 about the provision of particular mental health services and mental health supports, the physician shall seek to obtain consent from the attorney-in-fact. Except in an emergency as described in subsection (c)(3)(A) of this section or as otherwise provided by law, only those particular mental health services and mental health supports to which the attorney-in-fact consents shall be provided; (2) If the attending physician is unaware that the consumer has executed a durable power of attorney for health care, if the consumers attorney-in-fact is unavailable or unwilling to make a decision about the provision of particular mental health services and mental health supports, or if no durable power of attorney for health care has been executed by the consumer, the consumers physician shall seek to obtain consent from a substitute health care decision-maker in accordance with  21-2210. Except in an emergency as described in subsection (c)(3)(A) of this section or as otherwise provided by law, only those particular mental health services and mental health supports to which the substitute health care decision-maker consents shall be provided; (3) If no attorney-in-fact or substitute health care decision-maker is available and willing to make a decision about the provision of particular mental health services and mental health supports, no mental health services or mental health supports shall be provided until a decision is made by a guardian sought and appointed by the court pursuant to  21-2041 to provide such services and supports, except: (A) In an emergency, when it is the written opinion of the attending physician that delay in obtaining the consent of the consumer, the attorney-in-fact, or a substitute health care decision-maker is likely to result in serious injury to the consumer or others, and mental health services and mental health supports are delivered only to the extent necessary to terminate the emergency; or (B) After the conclusion of the administrative procedure set forth in  7-1231.08. (4) If, following 30 days from the date of certification of the consumers incapacitation under this section, a consumer continues to be incapacitated for purposes of making a particular health care decision, and there remains no attorney-in-fact or substitute decision-maker available to make a decision about the delivery of particular mental health services and mental health supports to the consumer, the Department, or other provider as appropriate, shall seek the appointment of a guardian for the consumer in accordance with subchapter V of Chapter 20 of Title 21. (d) Family members and personal representatives to whom the consumer has authorized release of information in accordance with Chapter 12 of this title shall be notified as soon as possible whenever mental health services and mental health supports are provided without the consent of the consumer pursuant to subsection (c)(3) of this section. (e) Electroconvulsive treatment shall not be administered to a consumer without the consumers own informed and written consent unless authorized by an order of the court issued in accordance with  21-2047(c)(2) and 21-2211(b).  (Dec. 18, 2001, D.C. Law 14-56,  207, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  207 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.08. Administration of medication. (a) Except as provided in this section, no consumer shall be administered medication for the purpose of mental health treatment without his or her informed consent. In seeking a consumers informed consent, the Department or other provider shall present the consumer with information about the proposed medication, including the purpose for its administration, possible side effects, and its potential risks and benefits, as well as information about feasible alternative treatments. (b) If a consumer has been certified as incapacitated for purposes of making a health care decision in accordance with  21-2204, his or her attorney-in-fact or substitute health care decision-maker may consent to the administration of medication only in accordance with the consumers treatment preferences as expressed in his or her durable power of attorney for health care or declaration of advance instructions for mental health treatment. This preference may be overridden only after the procedures set forth in subsection (c) of this section are followed. (c) Except in an emergency or in the absence of an attorney-in-fact or substitute health care decision-maker who is available and willing to make a decision about the administration of medication for the purpose of mental health treatment, a provider may administer medication to the incapacitated consumer only after receiving approval for such action through an administrative procedure established by the Department in accordance with Chapter 5 of Title 2. The administrative procedure established by the Department shall include, at a minimum: (1) Written and oral notice to the consumer of available advocacy services; (2) The right to a meeting convened by a neutral party within the Department for the purpose of reviewing the necessity for involuntary administration of medication; (3) The right of the consumer to not less than 48 hours prior notice of any such meeting; (4) The right of the consumer to be present and have representation during any such meeting; (5) The opportunity, at the meeting, for the consumer and his or her representative to present information and to discuss the necessity of medication with the physician seeking to administer it; (6) A written decision by the neutral party, within a period of time established by the Department, regarding whether the medication may be administered over the objection of the consumer. This decision shall be valid for no more than 30 days if it authorizes the involuntary administration of medication; (7) The right to appeal the decision of the neutral party to an independent panel consisting of 3 persons appointed by the Director and convened within 72 hours. The members of the panel shall not be affiliated with the individual consumer, the provider, or the physician seeking to administer the medication, but shall include: (A) A board-certified psychiatrist; (B) A licensed practitioner; and (C) A consumer, or if unavailable, a consumer advocate; and (8) The right to have any decision of a neutral party that is appealed to the panel stayed pending a determination by the panel regarding whether the decision should stand or be overturned. (d) A consumers refusal to consent to medication on the basis of a valid religious objection shall not be overridden absent a specific court order requiring the provider to administer the medication. (e) Family members and personal representatives to whom the consumer has authorized release of information in accordance with Chapter 12 of this title, shall be notified whenever a provider involuntarily administers medication pursuant to subsections (c) or (d) of this section. (f) The neutral party, and members of the panel and their employers, shall be immune from suit for any claim arising from any good faith act or omission under this section.  (Dec. 18, 2001, D.C. Law 14-56,  208, 48 DCR 7674.)  Section References This section is referenced in  7-1231.07,  7-1231.14, and  24-531.09. Emergency Legislation For temporary (90 day) addition of section, see  208 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.09. Freedom from seclusion and restraint. (a) Consumers have the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff. (b) Seclusion or restraint may only be used by: (1) Hospitals when administering inpatient services; (2) Residential treatment facilities licensed pursuant to section 948 of Title 29 of the District of Columbia Municipal Regulations (Standards for Participation of Residential Treatment Centers for Children and Youth); and (3) Mental health crisis emergency programs certified by the Department, if rules authorizing such use are promulgated by the Department. (c) Seclusion or restraint can be used only in an emergency when: (1) The use of seclusion or restraint is, in the written opinion of the attending physician, necessary to prevent serious injury to the consumer or others; (2) Less restrictive interventions have been considered and determined to be ineffective to prevent serious injury to the consumer or others; and (3) Pursuant to the written order of the attending physician, which shall never be written as a standing order or on an as-needed basis, and which must be followed by consultation with the consumers treating physician as soon as possible if the order was not written by the consumers treating physician. (d) Any use of seclusion or restraint shall be: (1) Implemented in the least restrictive manner possible; (2) Implemented in accordance with safe and appropriate seclusion or restraint techniques; (3) Continually assessed, monitored, and reevaluated; and (4) Ended at the earliest possible time. (e) All staff having direct consumer contact must have ongoing education and training in the proper and safe use of seclusion and restraint techniques and in alternative methods for handling behavior, symptoms, and situations that traditionally have been treated through the use of seclusion or restraint. (f) Any consumer to whom seclusion or restraint is applied must be seen by his or her attending or treating physician within one hour after the initiation of the seclusion or restraint. The physician shall evaluate the continued need for seclusion or restraint, and upon expiration of the original order, may renew the original order only within the following durational limitations: (1) Four hours for adults; (2) Two hours for children and adolescents 9 to 17 years of age; and (3) One hour for children under 9 years of age. (g) No use of seclusion or restraint may extend beyond a 24-hour period. (h) Seclusion and restraint may not be used simultaneously unless the consumer is: (1) Continually monitored face-to-face by an assigned staff member; or (2) Continually monitored by an assigned staff member using both video and audio equipment that is in close proximity to the consumer. (i) Providers must report to the Department any death that occurs while a consumer is secluded or restrained and any death that could reasonably have been the result of the use of seclusion or restraint. (j) The Department shall establish standards for the use of seclusion and restraint that minimize circumstances giving rise to the use of seclusion and restraint and that maximize safety when seclusion or restraint is used. The standards shall: (1) Require that provider staff receive effective, ongoing, competency-based education and training on: (A) Understanding and appropriately responding to the underlying bases for behaviors exhibited by consumers; (B) The use of de-escalation and other non-physical intervention techniques; (C) The safe use of seclusion and restraint; and (D) The staffs own behaviors and how their behaviors can escalate or diffuse the behaviors of consumers; (2) Require adequate staff levels and configurations, based on a variety of factors, including the physical environment, consumer diagnoses, co-occurring conditions, acuity levels, and age or developmental status of consumers; (3) Establish a post-seclusion and post-restraint process for use by providers, which shall include debriefings with the consumer, the consumers family members or personal representatives if the consumer so consents, and staff about the events giving rise to the incident and how collection of that information will help prevent recurrences. The process shall include counseling for the consumer and staff for any trauma that may have resulted from the use of seclusion or restraint; and (4) Require providers to establish a performance improvement program, which shall include, at a minimum, the collection and analysis of relevant data for reducing the occurrence of emergency situations that precipitate the use of seclusion and restraint and for increasing its safety when used.  (Dec. 18, 2001, D.C. Law 14-56,  209, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  209 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.10. Information privacy. (a) Consumers shall be informed of their right to access their mental health information records and may request correction of inaccurate information contained in the records in accordance with Chapter 12 of this title. (b) Information and records about a consumers mental health services and mental health supports shall be treated confidentially in accordance with Chapter 12 of this title.  (Dec. 18, 2001, D.C. Law 14-56,  210, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  210 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.11. Evaluation of mental health services and supports. Consumers shall have an opportunity to participate in periodic evaluation of mental health services and mental health supports, including evaluation of providers. The opportunity shall extend to members of the consumers family or personal representative.  (Dec. 18, 2001, D.C. Law 14-56,  211, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  211 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.12. Grievances. (a) The Department shall, in accordance with Chapter 5 of Title 2, promulgate rules that: (1) Require providers to adopt a policy and procedure regarding the timely review and resolution of grievances brought to the provider by its consumers. All grievances resolved in this manner shall be reduced to writing and reported to the Department in a manner established by the Department; and (2) Establish a process for the resolution of grievances, which shall include, at a minimum: (A) The opportunity for any person to file a grievance with the Department regarding mental health services or mental health supports or violations of or limitations on consumer rights or protections provided by this chapter or other applicable law. Unless a grievance involves an allegation of abuse or neglect of a consumer, a grievance filed by a third party may be reviewed only if the consumer so consents; (B) Assistance for any consumer who needs help in filing his or her grievance, orally or in writing; (C) The right of all consumers to be represented throughout the grievance process; (D) Definite time frames for each stage of the grievance resolution process, including expedited review for any grievance alleging abuse or neglect; (E) A requirement that mental health services and mental health supports continue without limitation, reduction, or termination pending the resolution of a grievance regarding those services or supports; (F) Requirements for education and assistance to consumers, provider staff, and third parties about consumer rights and the grievance resolution system; and (G) Prohibitions on retaliatory actions such as reprisal, restraint, interference, coercion, or discrimination by the Department or other providers against persons who file grievances. (b)(1) Any grievance filed with the Department shall receive a prompt and impartial review through the Director or the Directors designee, who shall refer the grievance to an external reviewer in accordance with rules established by the Department. (2) The external reviewer shall conduct a simple and immediate examination of the grievance as follows: (A) The external reviewer shall facilitate informal resolution of the grievance; or (B) If such informal resolution is not possible, the external reviewer shall make a determination either sustaining or denying the grievance, which shall include recommendations for remedying the grievance, as appropriate. (3) The external reviewer shall conduct his or her examination of the grievance in accordance with rules established by the Department, and shall document the outcome of the external review process through a written report submitted to the Director and the parties. (4) Any party who is dissatisfied with the outcome of the external review process may request a fair hearing, which shall meet the requirements of a contested case proceeding under  2-509. (c) Nothing in this section shall be construed to restrict or limit the rights, procedures, and remedies available under federal or local laws protecting the rights of adults or children or youth with mental disabilities. If an aggrieved party files suit in a court of law in pursuit of such otherwise available remedies, action on any related grievance filed by the aggrieved party with the Department shall be stayed pending a final decision by the court.  (Dec. 18, 2001, D.C. Law 14-56,  212, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  212 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.13. Retention of civil rights. Consumers shall be presumed legally competent and retain all civil rights, unless otherwise limited by order of the court. As used in this section, the term civil rights shall include, but not be limited to, the rights to: (1) Contract; (2) Hold a professional, occupational, or motor vehicle drivers license; (3) Marry or enter into a domestic partnership, or obtain a divorce, annulment, or dissolution of marriage or a termination of a domestic partnership in accordance with  32-702(d), or  16-904(e). (4) Make a will; (5) Hold or dispose of property; (6) Vote; (7) Sue and be sued; (8) Serve on a jury; and (9) Enjoy all benefits and privileges guaranteed by law.  (Dec. 18, 2001, D.C. Law 14-56,  213, 48 DCR 7674; Sept. 12, 2008, D.C. Law 17-231,  17(b), 55 DCR 6758; Apr. 9, 2016, D.C. Law 21-105,  4(a), 63 DCR 217.)  Effect of Amendments D.C. Law 17-231 rewrote par. (3), which had read as follows: (3) Marry or obtain a divorce, annulment, or dissolution of marriage;. Emergency Legislation For temporary (90 day) addition of section, see  213 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.14. Consent of youth receiving mental health services or mental health supports. (a) Except for those minors hospitalized pursuant to the emergency provisions in subchapter III of Chapter 5 of Title 21, or pursuant to an order of commitment under  21-545 or  16-2315,  16-2320, or  16-1321 [ 16-2321], no minor may be admitted for inpatient mental health services absent the consent of a parent or legal guardian. (b)(1) A provider may deliver outpatient mental health services and mental health supports other than medication to a minor who is voluntarily seeking such services without parental or guardian consent if the provider determines that: (A) The minor is knowingly and voluntarily seeking the services; and (B) Provision of the services is clinically indicated for the minors well-being. (2) Mental health services and mental health supports provided to a minor without the consent of a parent or guardian pursuant to subsection (b)(1) of this section shall be limited to a period of 90 days. At the end of the 90-day period, the provider shall either: (A) Make a new determination pursuant to subsection (b)(1) of this section that provision of services to the minor without parental or guardian consent is voluntarily sought by the minor and continues to be clinically indicated; (B) Terminate the services; or (C) With the consent of the minor, notify the parent(s) or guardian to obtain consent to provide further outpatient services. (3) The provider shall fully document the reasons for its determinations regarding delivery of mental health services to minors, and shall include such documentation in the minors clinical record. (4) A provider may conduct an initial interview of a minor who appears to be voluntarily seeking outpatient mental health services and mental health supports without parental or guardian consent or involvement in order to determine whether the criteria of subsection (b)(1) of this section are satisfied. (c)(1) Subject to the provisions in  7-1231.08, and absent an emergency, a hospital providing inpatient mental health services to a minor who is under 16 years of age may not administer psychotropic medication to the minor without the consent of a parent or guardian or the authorization of the court; (2) A minor who is 16 years of age or older may consent to the administration of psychotropic medications, without the consent of a parent or guardian or the authorization of the court, only under the following circumstances: (A) When the minors parent(s) or guardian is not reasonably available to make a decision regarding the administration of psychotropic medication and the treating physician determines that the minor has capacity to consent, consistent with  7-1231.08, and that such medications are clinically appropriate; (B) When requiring consent of the minors parent(s) or guardian would have a detrimental effect on the minor, and a determination is made by both the treating physician and a non-treating psychiatrist who is not an employee of the provider that the minor has capacity to consent, consistent with  7-1231.08, and that such medications are clinically indicated; (C) When the minors parent(s) or guardian refuses to give such consent, and a determination is made by both the treating physician and a non-treating psychiatrist who is not an employee of the provider that the minor has capacity to consent, consistent with  7-1231.08, and that such medications are clinically indicated. Notice of the providers decision to administer medications pursuant to this subsection shall be provided to the parent(s) or guardian in writing.  (Dec. 18, 2001, D.C. Law 14-56,  214, 48 DCR 7674.)  Emergency Legislation For temporary (90 day) addition of section, see  214 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71231.14a. Prohibition on sexual orientation change efforts for minors and consumers under a conservatorship or guardianship. (a) A provider shall not engage in sexual orientation change efforts with a consumer who is a minor, or a consumer, regardless of age, for whom a conservator or guardian has been appointed. (b) A violation of subsection (a) of this section shall be considered a failure to conform to acceptable conduct within the mental health profession under  3-1205.14(a)(26) and shall subject a provider to discipline and penalties under  3-1205.14(c). (c) For the purposes of this section, the term: (1) "Conservator" shall have the same meaning as provided in  21-2401.02(2). (2) "Guardian" shall have the same meaning as provided in  21-2401.02(3).  (Dec. 18, 2001, D.C. Law 14-56,  214a; as added Mar. 11, 2015, D.C. Law 20-218,  2(b), 62 DCR 7; Mar. 13, 2019, D.C. Law 22-247,  2, 66 DCR 971.) 
 71231.15. Enforcement. Rights and protections provided in this chapter shall not be construed to create new causes of action for monetary damages beyond those that currently exist in federal and local law.  (Dec. 18, 2001, D.C. Law 14-56,  215, 48 DCR 7674.)  Cross References Health-care assistance reimbursement, set-off, see  4-603. Nursing homes and community residence facilities protections, receivers, powers and duties, see  44-1002.06. Emergency Legislation For temporary (90 day) addition of section, see  215 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
 71233.01. Definitions. [Repealed] Repealed.  (July 17, 2018, D.C. Law 22-139,  101, 65 DCR 5966; Nov. 13, 2021, D.C. Law 24-45,  7164, 68 DCR 010163.)  Applicability Applicability of D.C. Law 22-139:  201 of D.C. Law 22-139 provided that the creation of this section by  101 of D.C. Law 22-139 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71233.02. Maternal Mental Health Task Force. [Repealed] Repealed.  (July 17, 2018, D.C. Law 22-139,  102, 65 DCR 5966; Nov. 13, 2021, D.C. Law 24-45,  7164, 68 DCR 010163.)  Applicability Applicability of D.C. Law 22-139:  201 of D.C. Law 22-139 provided that the creation of this section by  102 of D.C. Law 22-139 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71234.01. Definitions.  For the purposes of this chapter, the term: (1) "Certified midwife" shall have the same meaning as provided in  3-1201.01(1B-i). (2) "Certified nurse-midwife" shall have the same meaning as provided in  3-1201.01[(1C)]. (3) "Certified professional midwife" shall have the same meaning as provided in  3-1201.01[(1D)]. (4) "Culturally congruent" means care or maternity care that is in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders. (5) "Doula" shall have the same meaning as provided in  3-1201.01(6C). (6) "Home visiting program" means an entity that: (A) Supports expectant parents and parents or legal guardians with infants, toddlers, and children between 3 and 5 years of age; and (B) Provides access to health, social, and educational services through weekly or monthly home visits to promote positive child health and development outcomes, including healthy home environments, healthy birth outcomes, and a reduction in adverse childhood experiences. (7) "Perinatal period" means the period of pregnancy and one year thereafter during which time perinatal mood and anxiety disorders are typically diagnosed. (8) "Postpartum recovery" shall have the same meaning as provided in  2-1515.51(5). (9) "Task Force" means the Perinatal Mental Health Task Force established by  7-1234.02. (10) "Vulnerable populations" means populations at risk of or living with undiagnosed, underserved, untreated, or undertreated perinatal mood and anxiety disorders.  (Sept. 21, 2022, D.C. Law 24-167,  5042, 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5042 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 71234.02. Perinatal Mental Health Task Force.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) There is established a Perinatal Mental Health Task Force to provide comprehensive policy recommendations for the improvement of perinatal mental health in the District. The Task Force shall study and make recommendations regarding: (1) Vulnerable populations and risk factors for perinatal mental health disorders that may occur during the perinatal period; (2) Evidence-based and promising practices for those with or at risk of perinatal mood and anxiety disorders, including related clinical and nonclinical care such as peer support and community health workers through the public and private sectors that promotes access to care, including screening, diagnosis, intervention, treatment, recovery, and prevention services; (3) Barriers to access to care during the perinatal period for birthing people and their partners and identifying evidence-based and promising practices for care coordination, systems navigation, and case management services that address and eliminate barriers to accessing care and care utilization for birthing people and their partners; (4) Evidence-informed practices that are culturally congruent and accessible to eliminate racial and ethnic disparities that exist in addressing prevention, screening, diagnosis, intervention and treatment, and recovery from perinatal mood and anxiety disorders; (5) National and global models that successfully promote access to care, including screening, diagnosis, intervention, treatment, recovery, and prevention services for perinatal mood and anxiety disorders in the pregnant or postpartum person and non-birthing partner; (6) Community-based or multigenerational practices that support individuals and families affected by a maternal mental health condition; (7) Successful initiatives regarding workforce development encompassing the hiring, training, and retention of a behavioral health care workforce as it relates to perinatal mental health, including maximizing non-traditional behavioral health supports such as peer support and community health workers; (8) Models for private and public funding of perinatal mental health initiatives; and (9) A landscape analysis of available perinatal mental health programs, treatments, and services, and notable innovations and gaps in care provision and coordination, encompassing the ability to serve the diversity of perinatal experiences of unique populations, including Black birthing people, Hispanic birthing people, pregnant and postpartum people of color, perinatal immigrant populations, adolescents who are pregnant and parenting, LGBTQIA+ birthing people, child welfare involved birthing people, disabled, justice involved, incarcerated, and homeless birthing people, and their non-birthing partners. (b) By October 1, 2023, the Task Force shall submit to the Mayor and the Council a comprehensive report setting forth its findings and providing recommendations regarding legislation, policy initiatives, and the funding requirements of initiatives to address perinatal mental health needs in the District. (c) The Task Force shall consist of 21 members as follows: (1) The Deputy Mayor for Health and Human Services or his or her designee; (2) The Director of the Department of Behavioral Health or his or her designee; (3) The Director of the Department of Health or his or her designee; (4) The Director of the Department of Health Care Finance or his or her designee; (5) The Chairperson of the Council's Committee on Health or his or her designee; and (6) The Chairperson of the Council's Committee on Human Services or his or her designee; and (7) The following members appointed by the Director of the Department of Health Care Finance: (A) At least 4 members that are members of the community or advocates and meet at least one of the following standards: (i) An individual with current or past perinatal mood and anxiety disorders; (ii) A caregiver or partner to those with current or past perinatal mood and anxiety disorders; or (iii) An advocate informed about perinatal mental health in the District, who is also a beneficiary of perinatal mood or anxiety disorder treatment; (B) At least one representative from a managed care organization contracted in the District; (C) At least 3 representatives from nonprofit health centers serving birthing populations; (D) A registered nurse experienced in providing perinatal mental health services in the District; (E) A licensed pediatrician experienced in providing perinatal mental health services in the District; (F) An obstetrician experienced in providing perinatal mental health services in the District; (G) A licensed clinical psychologist or psychiatrist with experience providing perinatal mental health services in the District; (H) A doula; (I) One of the following: (i) A certified midwife practicing in the District; (ii) A certified nurse-midwife practicing in the District; or (iii) A certified professional midwife practicing in the District; and (J) A representative of a home visiting program operating in the District. (d) In constituting the Task Force, the Mayor should consider geographic and socioeconomic representation. (e) The Mayor shall designate 2 co-chairs of the Task Force, one each from the government and non-government sectors. (f) Vacancies shall be filled in the same manner as the original appointment to the position that became vacant. (g) The Department of Health Care Finance shall publish on its website a public listing of Task Force members, meeting notices, and meeting minutes. (h) The Task Force shall dissolve after submitting the report required pursuant to subsection (b) of this section.  (Sept. 21, 2022, D.C. Law 24-167,  5043, 69 DCR 009223; Oct. 17, 2022, D.C. Act 24-558,  2, 0 DCR 0.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Perinatal Mental Health Task Force Emergency Amendment Act of 2022 (D.C. Act 24-558, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) creation of this section, see  5043 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 71301.01. [Reserved]. Section References This section is referenced in  21-1114,  21-1115,  21-2002, and  21-2203. Editor's Notes Section 17(a) of D.C. Law 19-210 substituted Citizens with Intellectual Disabilities for Mentally Retarded Persons in the subtitle heading. Section 17(b) of D.C. Law 19-210 substituted Rights of Citizens with Intellectual Disabilities for Mentally Retarded Citizens in the chapter heading.
 71301.02. Statement of purpose. (a) It is the intent of the Council of the District of Columbia to: (1) Assure that residents of the District of Columbia with intellectual or developmental disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the United States; (2) Secure for each resident of the District of Columbia with intellectual or developmental disabilities, regardless of ability to pay, such habilitation as will be suited to the needs of the person, and to assure that such habilitation is skillfully and humanely provided with full respect for the persons dignity and personal integrity and in a setting least restrictive of personal liberty; (3) Encourage and promote the development of the ability and potential of each person with intellectual or developmental disabilities in the District to the fullest possible extent, no matter how severe his or her degree of disability; (4) Promote the economic security, standard of living and meaningful employment of persons with intellectual or developmental disabilities; (5) Maximize the assimilation of persons with intellectual or developmental disabilities into the ordinary life of the community in which they live; and (6) Provide a mechanism for the identification of persons with intellectual or developmental disabilities at the earliest age possible. (b) To accomplish these purposes, the Council of the District of Columbia finds and declares that the design and delivery of care and habilitation services for persons with intellectual or developmental disabilities shall be directed by the principles of normalization, and therefore: (1) Community-based services and residential facilities that are least restrictive to the personal liberty of the person shall be established for persons with intellectual or developmental disabilities at each stage of life development; (2) The use of institutionalization shall be abated to the greatest extent possible; (3) Whenever care in an institution or residential facility is required, it shall be in the least restrictive setting; and (4) Persons placed in institutions shall be transferred to community or home environments whenever possible, consistent with professional diagnoses and recommendations.  (Mar. 3, 1979, D.C. Law 2-137,  102, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(a), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305,  26(a), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(c), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(a), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  3(a)(1), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1901. 1973 Ed.,  6-1651. Effect of Amendments D.C. Law 16-305, in subsec. (a)(3), substituted person with mental retardation for mentally retarded person; and substituted persons with mental retardation for mentally retarded persons throughout the section. The 2012 amendment by D.C. Law 19-169 substituted persons with intellectual disabilities for mentally retarded persons in the long title; substituted Citizens with Intellectual Disabilities for Mentally Retarded Citizens in the short title; substituted intellectual disabilities for mental retardation in (a)(1), (a)(2), and (a)(4); and substituted an intellectual disability for mental retardation in (a)(3). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(a)(1) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(a)(1) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(a) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90-day) provisions directing implementation of Medicaid waiver conversion, see  3002 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) amendment of section, see  3002 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). Temporary Legislation For temporary (225 day) amendment of section, see  505(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 3002 of D.C. Law 13-172 provided: The Department of Human Services and the Department of Health shall coordinate the full implementation of the Medicaid Home and Community Based Waiver and abolish the Community Residential Facilities for the Mentally Retarded and Developmentally Disabled (MRDD) level of care and convert all MRDD clients previously served by Community Residential Facilities (CRF) for the Mentally Retarded and Developmentally Disabled to the Home and Community Based Waiver. The Mayor shall submit quarterly reports to the Council detailing the progress of the implementation of the Medicaid Home and Community Based Waiver. Section 17(a) of D.C. Law 19-169 renamed D.C. Law 2-137 as the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978. Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. Mayor's Orders EstablishmentD.C. Mental Retardation and Developmental Disabilities Administration (MRDDA) Fatality Review Committee, see Mayors Order 2001-27, February 14, 2001 ( 48 DCR 2180). Delegation of Authority Delegation of Authority to the Administration of the Mental Retardation and Developmental Disabilities Administration and Requirements for Inter-Agency Cooperation, see Mayors Order 2006-101, July 26, 2006 ( 53 DCR 6393).
 71301.03. Definitions. As used in this chapter: (1) Repealed. (1A) "Adult" means a person who is at least 18 years of age. (1B) Advanced practice registered nurse includes a nurse-practitioner or clinical nurse specialist, licensed pursuant to  3-1202.04 and Chapter 59 or Chapter 60 of Title 17 of the District of Columbia Municipal Regulations, who has been certified as a specialist in psychiatry and mental health. (1C) Advocate for a person with an intellectual disability means a member of the group of advocates created pursuant to  7-1304.13. (2) At least a moderate intellectual disability means a person who is found, following a comprehensive evaluation, to be impaired in adaptive behavior to a moderate, severe or profound degree and functioning at the moderate, severe or profound intellectual level in accordance with standard measurements as recorded in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition. (2A) Behavioral plan means a written plan that, at a minimum: (A) Identifies challenging or problematic behavior; (B) States the working hypothesis about the cause of the persons behavior and uses the working hypothesis as the basis for the selected intervention; (C) Identifies strategies to teach or encourage the person to adopt adaptive behavior as an alternative to the challenging or problematic behavior; (D) Considers the potential for environmental or programmatic changes that could have a positive impact on challenging or problematic behaviors; and (E) Addresses the persons need for additional technological or supervisory assistance to adapt or cope with day-to-day activities. (2B) Best interests means promoting personal well-being by assessing: (A) The reason for the proposed action, its risks and benefits, and any alternatives considered and rejected; and (B) The least intrusive, least restrictive, and most normalizing course of action possible to provide for the needs of the person. (2C) Cause injury to others as a result of the persons intellectual disability means cause injury to others as a result of deficits in adaptive functioning associated with an intellectual disability. (3) Chief Program Director means an individual with special training and experience in the diagnosis and habilitation of persons with intellectual disabilities, and who is a qualified developmental disability professional appointed or designated by the Director of a facility for persons with intellectual disabilities to provide or supervise habilitation and care for residents of the facility. (3A) "Close friend" means any adult who has exhibited significant care and concern for the person and has maintained regular contact with the person so as to be familiar with the person's activities, health, and religious and moral beliefs. (4) "Commitment" means the process whereby a person becomes a ward of the District through Court proceedings under this chapter. (5) "Community-based services" means specialized or generic services for the evaluation, care and habilitation of persons with intellectual or developmental disabilities, in a community setting, directed toward the intellectual, social, personal, physical, emotional, or economic development of a person with an intellectual or developmental disability. The services shall include diagnosis, evaluation, treatment, day habilitation, training, education, supported employment, recreation, counseling of the person with an intellectual or developmental disability and his or her family, protective and other social and socio-legal services, information and referral, and transportation to assure delivery of services to persons of all ages who have intellectual or developmental disabilities. (5A) Competent means to have the mental capacity to appreciate the nature and implications of a decision to enter a facility, choose between or among alternatives presented, and communicate the choice in an unambiguous manner. (6) Comprehensive evaluation means an assessment of a person with an intellectual disability by persons with special training and experience in the diagnosis and habilitation of persons with intellectual disabilities, which includes a documented sequence of observations and examinations intended to determine the persons strengths, developmental needs, and need for services. The initial comprehensive evaluation shall include documentation of: (A) A physical examination that includes the persons medical history; (B) An educational evaluation, vocational evaluation, or both; (C) A psychological evaluation, including an evaluation of cognitive and adaptive functioning levels; (D) A social evaluation; (E) A dental examination; (F) An evaluation by the interdisciplinary team of whether the person currently: (i) Has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment; and (ii) Has executed or could execute a durable power of attorney in accordance with  21-2205; and (G) A determination of whether the person has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210. (7) Council means the Council of the District of Columbia. (8) Court means the Superior Court of the District of Columbia. (8A) Crime of violence has the same meaning as in  23-1331(4). (8B) Repealed. (8C) Department on Disability Services or DDS means the Department on Disability Services established by  7-761.03. (8D) "Developmental disabilities" means a severe and chronic disability of a person that: (A) Is attributable to a mental or physical impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; (B) Is manifested before 22 years of age; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in 3 or more of the following areas of major life activity: (i) Self-care; (ii) Understanding and use of language; (iii) Functional academics; (iv) Social skills; (v) Mobility; (vi) Self-direction; (vii) Capacity for independent living; or (viii) Health and safety; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are person-centered, planned and coordinated. (9) Repealed. (10) Director means the administrative head of a facility, or community-based service and includes superintendents. (11) District means the District of Columbia government. (11A) DSM-IV means the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. (11B) DSM-IV V Codes means V codes as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. (12) Education means a systematic process of training, instruction and habilitation to facilitate the intellectual, physical, social and emotional development of a person with an intellectual or developmental disability. (13) Facility means a public or private residence, or part thereof, which is licensed by the District as a skilled or intermediate care facility or a community residential facility (as defined in D.C. Regulation 74-15, as amended) and also includes any supervised group residence for persons with intellectual or developmental disabilities under 18 years of age. For persons committed or for whom commitment may be sought under  7-1304.06a, the term facility may include a physically secure facility or a staff-secure facility, within or without the District of Columbia. The term facility does not include a jail, prison, other place of confinement for persons who are awaiting trial or who have been found guilty of a criminal offense, or a hospital for people with mental illness within the meaning of  24-501. (14) Habilitation means the process by which a person is assisted to acquire and maintain those life skills which enable him or her to cope more effectively with the demands of his or her own person and of his or her own environment, including, in the case of a person committed under  7-1304.06a, to refrain from committing crimes of violence or sex offenses, and to raise the level of his or her physical, intellectual, social, emotional and economic efficiency. Habilitation includes, but is not limited to, the provision of community-based services. (14A) Human Rights Advisory Committee means the committee of the Department on Disability Services that provides guidance and oversight regarding matters pertaining to the human rights of persons receiving services through the Department on Disability Services and reviews allegations of human rights violations. (14B) ICD-9-CM means the most recent version of the International Classification of Diseases Code Manual. (14C) Person found incompetent in a criminal case means a person who: (A) Has at least a mild intellectual disability; (B) Is charged with a crime of violence or sex offense; (C) Has been found incompetent to stand trial, or to participate in sentencing or transfer proceedings; and (D) Has been found not likely to gain competence in the foreseeable future. (15) Informed consent means consent voluntarily given in writing with sufficient knowledge and comprehension of the subject matter involved to enable the person giving consent to make an understanding and enlightened decision, without any element of force, fraud, deceit, duress or other form of constraint or coercion. (15A) "Intellectual disability" or "persons with intellectual disabilities" means a person diagnosed before 22 years of age with an intellectual disability as set forth in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. (16) Least restrictive alternative means that living and/or habilitation arrangement which least inhibits a persons independence and right to liberty. It shall include, but not be limited to, arrangements which move a person from: (A) More to less structured living; (B) Larger to smaller facilities; (C) Larger to smaller living units; (D) Group to individual residences; (E) Segregated from the community to integrated with community living and programming; and/or (F) Dependent to independent living. (17) Mayor means the Mayor of the District of Columbia. (17A) Mental illness means a diagnosable mental, behavioral, or emotional disorder (including those of biological etiology) which substantially impairs the mental health of the person or is of sufficient duration to meet diagnostic criteria specified within the DSM-IV or its ICD-9-CM equivalent (and subsequent revisions) with the exception of DSM-IV V codes, substance abuse disorders, intellectual disability, and other developmental disorders, or seizure disorders, unless those exceptions co-occur with another diagnosable mental illness. (18) Repealed. (19) Repealed. (19A) Repealed. (20) Normalization principle means the principle of aiding persons with intellectual or developmental disabilities to obtain a lifestyle as close to normal as possible, making available to them patterns and conditions of everyday life which are as close as possible to the patterns of mainstream society. (20A) Psychotropic medication means a medication prescribed for the treatment of symptoms of mental or emotional disorders or to influence and modify behavior, cognition, or affective state. The term psychotropic medication includes the following categories of medications: (A) Antipsychotics or neuroleptics; (B) Antidepressants; (C) Agents for control of mania or depression; (D) Antianxiety agents; (E) Sedatives, hypnotics, or other sleep-promoting drugs; and (F) Psychomotor stimulants. (21) Qualified developmental disability professional means: (A) A psychologist with at least a masters degree from an accredited program and with specialized training or 1 year of experience in intellectual disabilities; or (B) A physician licensed by the Commission on Licensure to Practice the Healing Arts to practice medicine in the District and with specialized training in intellectual disabilities or with 1 year of experience in treating persons with intellectual disabilities; or (C) An educator with a degree in education from an accredited program and with specialized training or 1 year of experience in working with persons with intellectual disabilities; or (D) A social worker with: (i) A masters degree from a school of social work accredited by the Council on Social Work Education (New York, New York), and with specialized training in intellectual disabilities or with 1 year of experience in working with persons with intellectual disabilities; or (ii) With a bachelors degree from an undergraduate social work program accredited by the Council on Social Work Education who is currently working and continues to work under the supervision of a social worker as defined in sub-subparagraph (i) of this subparagraph, and who has specialized training in intellectual disabilities 1 year of experience in working with persons with intellectual disabilities; or (E) A rehabilitation counselor who is certified by the Commission on Rehabilitation Counselor Certification (Chicago, Illinois) and who has specialized training in intellectual disabilities or 1 year of experience in working with persons with intellectual disabilities; or (F) A physical or occupational therapist with a bachelors degree from an accredited program in physical or occupational therapy and who has specialized training or 1 year of experience in working with persons with intellectual disabilities; or (G) A therapeutic recreation specialist who is a graduate of an accredited program and who has specialized training or 1 year of experience in working with persons with intellectual disabilities. (21A) "Religious superior" means a bishop or a member of a religious order who, under the approved constitution, laws, statutes, bylaws, or rules of the religious order or community, exercises authority over the particular community or unit of the religious order to which the member of the religious order or community belongs. (22) Resident of the District of Columbia means a person who maintains his or her principal place of abode in the District of Columbia, including a person with an intellectual or developmental disability who would be a resident of the District of Columbia if the person had not been placed in an out-of-state facility by the District. A person with an intellectual or developmental disability who is under 21 years of age shall be deemed to be a resident of the District of Columbia if the custodial parent of the person with an intellectual or developmental disability is a resident of the District of Columbia. (23) Repealed. (24) Repealed. (24A) Screening means an assessment of a person with an intellectual disability in accordance with standards issued by the Accreditation Council for Services for People with Developmental Disabilities, which is designed to determine if a further evaluation of the person with an intellectual disability or other interventions are indicated. (24B) Sex offenses means offenses in Chapter 30 of Title 22, but does not include any offense described in  22-4016(b). (24C) Substituted judgment means making a decision that conforms as closely as possible with the decision that the person would have made, based upon knowledge of the beliefs, values, and preferences of the person. (25) Time out means time out from positive reinforcement, a behavior modification procedure in which, contingent upon undesired behavior, the resident is removed from the situation in which positive reinforcement is available. (26) Transfer proceedings means the proceedings pursuant to  16-2307 to transfer a person less than 18 years of age from Family Court to Criminal Court in the Superior Court of the District of Columbia to face adult criminal charges.  (Mar. 3, 1979, D.C. Law 2-137,  103, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(b), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199,  2(a), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(a), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(b), 53 DCR 6198; Oct. 22, 2008, D.C. Law 17-249,  5(a), 55 DCR 9206; Mar. 25, 2009, D.C. Law 17-353,  205, 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-169,  17(d), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(b), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  3(a)(2), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1902. 1973 Ed.,  6-1652. Section References This section is referenced in  7-761.02 and  7-1303.12a. Effect of Amendments D.C. Law 14-199 added par. (2A); in par. (4), substituted consent of the individual or of an individual found incompetent in a criminal case at the request of the District; for consent of the individual;; redesignated par. (8A) as (8B); added new par. (8A); added pars. (11A) and 11(B); in par. (13), substituted 18 years of age. For persons committed or for whom commitment may be sought under  7-1304.06a, the term facility may include a physically secure facility or a staff-secure facility, within or without the District of Columbia. The term facility does not include a jail, prison, other place of confinement for persons who are awaiting trial or who have been found guilty of a criminal offense, or a hospital for the mentally ill within the meaning of  24-501 for 18 years of age.; in par. (14), substituted own environment, including, in the case of a person committed under  7-1304.06a, to refrain from committing crimes of violence or sex offenses, for own environment; added pars. (14A), (14B), and (17A); rewrote par. (19); and added pars. (19A), (24B), and (26). Prior to amendment, par. (19) had read as follows: (19) Mentally retarded means a significantly subaverage general intellectual level determined in accordance with standard measurements as recorded in the Manual of Terminology and Classification in Mental Retardation, 1973, American Association on Mental Deficiency, existing concurrently with impairment in adaptive behavior, which originates during the development period. D.C. Law 16-264 added par. (8C) and repealed par. (19A), which formerly read: (19A) MRDDA means the Mental Retardation and Developmental Disabilities Administration of the District of Columbia, Department of Human Services. D.C. Law 16-305 substituted person with mental retardation for mentally retarded person, persons with mental retardation for mentally retarded persons, have mental retardation for are mentally retarded, and persons with mental retardation for mentally retarded. D.C. Law 17-353, in par. (4), substituted has at least moderate mental retardation for is at least moderately mentally retarded; and validated a previously made technical correction in par. (21)(B). D.C. Law 17-249 inserted pars. (1A), (2A), (2B), (14A), (20A), and (24C); redesignated former pars. (2A), (14A), and (14B) as pars. (2C), (14B), and (14C), respectively; and rewrote par. (6), which had read as follows: (6) Comprehensive evaluation means an assessment of a person with mental retardation by persons with special training and experience in the diagnosis and habilitation of persons with mental retardation, which includes a sequence of observations and examinations intended to determine the persons strengths, developmental needs, and need for services. The initial comprehensive evaluation shall include, but not be limited to, a physical examination that includes the persons medical history; an educational evaluation, vocational evaluation, or both; a psychological evaluation, including an evaluation of cognitive and adaptive functioning levels; a social evaluation; and a dental examination. The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation or variants throughout the section; substituted with an intellectual disability for who is at least moderately mentally retarded in (1); added (1B) and (15A); in (2), substituted At least a moderate intellectual disability for At least moderately mentally retarded and Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition for Manual of Terminology and Classification in Mental Retardation, 1973, American Association on Mental Deficiency; substituted qualified developmental disability professional for Qualified Mental Retardation Professional in (3) and (21); substituted people with mental illness for the mentally ill in the last sentence of (13); repealed (18) and (19); and substituted Council on Quality and Leadership for Accreditation Council for Services for People with Developmental Disabilities in (24A). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(a)(2) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(a)(2) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(b) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  2(a) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(a) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) amendment of section, see  301(a) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) amendment, see  5(a) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) amendment of section, see  505(b) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) amendment of section, see  4(a) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71302.01. Determination of need for mental retardation facilities and services in the District. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  201, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506 (c), 42 DCR 3684.)  Prior Codifications 1981 Ed.,  6-1911. 1973 Ed.,  6-1653. Cross References Rights of mentally retarded citizens, commitment proceedings, see  7-1304.01. Rights of mentally retarded citizens, effective date of chapter, see  7-1306.05. Emergency Legislation For temporary repeal of section, see  505(c) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary repeal of section, see  506(c) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) repeal of section, see  505(c) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Transfer of Functions The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984. The functions of the Department of General Services were transferred, in part, to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, and transferred, in part, to the Department of Administrative Services by Reorganization Plan No. 5 of 1983, effective March 1, 1984.
 71303.01. Competence of individual to refuse commitment. (a) Repealed. (b) The Court may commit a person pursuant to  7-1304.06a irrespective of the person's competence to refuse such commitment.  (Mar. 3, 1979, D.C. Law 2-137,  301, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(b), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305,  26(c), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(e), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(2), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1921. 1973 Ed.,  6-1654. Effect of Amendments D.C. Law 14-199 redesignated the section as subsec. (a); in subsec. (a), substituted Except as provided in subsection (b) of this section, no individual for No individual; and added subsec. (b). D.C. Law 16-305, in subsec. (a), substituted has or is believed to have mental retardation for is or is believed to be mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (a). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary (90 day) amendment of section, see  2(b) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(b) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.02. Voluntary admission. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  302, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(d), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305,  26(d), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(f), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(3), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1922. 1973 Ed.,  6-1655. Section References This section is referenced in  7-1304.02,  7-1304.09,  7-1304.13, and  7-1305.04. Effect of Amendments D.C. Law 16-305, in subsec. (a), substituted has mental retardation, may have mental retardation, or has been diagnosed with mental retardation for is, may be, or has been diagnosed mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation wherever it appears in (a). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(d) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). Temporary Legislation For temporary (225 day) amendment of section, see  505(d) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.03. Application by individual for out-patient nonresidential habilitation. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  303, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264,  301(b), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(e), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(g), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(4), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1923. 1973 Ed.,  6-1656. Effect of Amendments D.C. Law 16-264 substituted Department on Disability Services for Department of Human Services throughout the section. D.C. Law 16-305 substituted has mental retardation, may have mental retardation, or has been diagnosed with mental retardation for is, may be, or has been diagnosed mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation wherever it appears in the section. Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary (90 day) amendment of section, see  301(b) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.04. Petition for commitment of individual 14 years of age or older filed by parent or guardian or by the District. (a) Repealed. (a-1)(1) Except as provided in subsection (b-1) of this section, no person shall be newly committed under this chapter on or after May 5, 2018. (2) For a person committed by written petition of a parent or guardian before May 5, 2018, the continued commitment of the person shall be governed by  7-1304.11(a). (b) Repealed. (b-1) For a person found incompetent in a criminal case, a written petition by the District may be filed with the Court to have the person committed to a facility. Upon the filing of the petition, the Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter. (c) The facility, its sponsoring agency, or the Department on Disability Services shall provide a written certification to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual habitation plan will be implemented.  (Mar. 3, 1979, D.C. Law 2-137,  304, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(e), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199,  2(c), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(c), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(f), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(h), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(5), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1924. 1973 Ed.,  6-1657. Section References This section is referenced in  7-1303.08,  7-1303.12a,  7-1304.03,  7-1304.05,  7-1304.06a,  7-1304.07,  7-1304.09,  7-1304.11, and  7-1304.13. Effect of Amendments D.C. Law 14-199, in the section heading, substituted guardian or by the District for guardian; in subsec. (b), substituted If, on a petition filed pursuant to subsection (a) of this section, the Court for If the Court; and added subsec. (b). D.C. Law 16-264, in subsecs. (b)(3) and (c), substituted Department on Disability Services for Department of Human Services. D.C. Law 16-305, in subsec. (a), substituted have mental retardation for be mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (a); and substituted the individual has at least a moderate intellectual disability for the individual is at least moderately mentally retarded in (b)(1). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(e) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  2(c) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(c) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see  301(c) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see  505(e) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.05. Application by parent or guardian for nonresidential habilitation. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  305, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264,  301(d), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(g), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(i), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(6), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1925. 1973 Ed.,  6-1658. Effect of Amendments D.C. Law 16-264 substituted Department on Disability Services for Department of Human Services throughout the section. D.C. Law 16-305 substituted have mental retardation for be mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in the first sentence. Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary (90 day) amendment of section, see  301(d) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.06. Petition for commitment of individual under 14 years of age filed by parent or guardian. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  306, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(f), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264,  301(e), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  17(j), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(7), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1926. 1973 Ed.,  6-1659. Section References This section is referenced in  7-1303.08,  7-1304.03,  7-1304.09,  7-1304.11, and  7-1304.13. Effect of Amendments D.C. Law 16-264, in subsecs. (a)(3) and (b), substituted Department on Disability Services for Department of Human Services. The 2012 amendment by D.C. Law 19-169 substituted have an intellectual disability for be mentally retarded in the introductory language of (a); and substituted the individual has at least a moderate intellectual disability for the individual is at least moderately mentally retarded in (a)(1). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(f) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  301(e) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see  505(f) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.07. Immediate discharge from facility upon request by individual. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  307, 25 DCR 5094; May 5, 2018, D.C. Law 22-93,  201(c)(8), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1927. 1973 Ed.,  6-1660. Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018. 
 71303.08. Discharge from commitment upon request by parent or guardian. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  308, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(g), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199,  2(d), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169,  17(k), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(9), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1928. 1973 Ed.,  6-1661. Effect of Amendments D.C. Law 14-199 substituted  7-1303.04(b) for  7-1303.04. The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants wherever it appears in the section; and substituted advocate for a person with an intellectual disability for mental retardation advocate in the first sentence. Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(g) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  2(d) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(d) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Temporary Legislation For temporary (225 day) amendment of section, see  505(g) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.09. Transfer of individual from one facility to another. (a) The Department on Disability Services may recommend to the Court that an individual committed to the facility be transferred to another facility if the Department on Disability Services determines that it would be beneficial and consistent with the habilitation needs of the individual to do so. Notice of the recommendation shall be served on the individual, the individuals counsel, the individuals parent or guardian who petitioned for the commitment and the individuals advocate for a person with an intellectual disability, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the individual, the individuals parent or guardian, or, in the case of an individual committed under  7-1304.06a, the District requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the lease restrictive means of providing such habilitation. In the case of an individual committed under  7-1304.06a, the Court shall also consider whether the proposed placement can provide sufficient supervision or security to prevent the individual from causing injury to others as a result of the individuals intellectual disability. Due consideration shall be given to the relationship of the individual to his or her family, guardian, or friends so as to maintain relationships and encourage visits beneficial to the relationship. (b) Repealed. (c) Nothing in this section shall be construed to prohibit transfer of an individual to a health care facility without prior Court approval in an emergency situation when the life of the individual is in danger. In such circumstances, consent of the individual, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the individual cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department on Disability Services, with notice promptly given to the parent or guardian. Consent of the individual, parent, or guardian is not required if the District sought commitment. The parent, guardian, counsel for the individual, and advocate for a person with an intellectual disability shall be notified promptly of the transfer.  (Mar. 3, 1979, D.C. Law 2-137,  309, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(h), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255,  14(a), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199,  2(e), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(f), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  17(l), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(10), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1929. 1973 Ed.,  6-1662. Effect of Amendments D.C. Law 14-199 rewrote the section. D.C. Law 16-264, in subsecs. (a) and (c), substituted Department on Disability Services for Department of Human Services. The 2012 amendment by D.C. Law 19-169 substituted advocate for a person with an intellectual disability for mental retardation advocate in the second sentence of (a) and in the last sentence of (c); and substituted intellectual disability for mental retardation in the next to last sentence of (a). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(h) and (i) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  2(e) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(e) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see  301(f) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see  505(h), (i)) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.10. Discharge from residential care. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  310, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(f), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169,  17(m), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(11), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1930. 1973 Ed.,  6-1663. Effect of Amendments D.C. Law 14-199 rewrote the section which had read as follows:  7-1303.10. Discharge from residential care. The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Chief Program Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. If the resident, the residents parent or guardian, the residents counsel, or the mental retardation advocate objects to the discharge, he or she may file a petition with the Court requesting a hearing in accordance with the procedures set forth in subchapter IV of this chapter. The resident shall not be discharged prior to the hearing.  The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation in the second sentence of (a); and substituted advocate for a person with an intellectual disability for mental retardation advocate in the first and second sentences of (b). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary (90 day) amendment of section, see  2(f) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(f) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.11. Payment for habilitation and care. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  311, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(i), 42 DCR 3684; Sept. 14, 2011, D.C. Law 19-21,  5002(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169,  17(n), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(12), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1931. 1973 Ed.,  6-1664. Effect of Amendments D.C. Law 19-21 added subsec. (d). The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation wherever it appears in the section. Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.  Emergency Legislation For temporary amendment of section, see  505(j) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(a) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(a) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  506(i) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  505(j) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(a) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Short Title Short title: Section 5001 of D.C. Law 19-21 provided that subtitle A of title V of the act may be cited as Intellectual Disability Services Medicaid Maximization Reform Amendment Act of 2011. Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.12. Court hearing required prior to commitment. Except as provided in  7-1303.12a, no person with an intellectual disability shall be committed under this chapter prior to the Court hearing required under this subchapter.  (Mar. 3, 1979, D.C. Law 2-137,  312, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(g), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305,  26(h), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(o), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(13), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1932. 1973 Ed.,  6-1665. Effect of Amendments D.C. Law 14-199 substituted Except as provided in  7-1303.12a, no for No. D.C. Law 16-305 substituted person with mental retardation for mentally retarded person. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation. Emergency Legislation For temporary (90 day) amendment of section, see  2(g) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) addition of  7-1303.12a, see  2(h) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(g) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) addition of  7-1303.12a, see  2(h) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.12a. Placement pending petition and commitment proceedings. (a) In the case of a person found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuant to  7-1303.04(b-1). For extraordinary cause shown, the Court may extend the period of time within which the petition must be filed. (b) Repealed. (c) While awaiting the Districts decision pursuant to subsection (a) of this section and during the pendency of any resultant commitment proceedings, the Court may order the person placed with DDS for placement in a setting that DDS preliminarily determines can provide habilitation services consistent with the persons needs and supervision or security sufficient to prevent the person from causing injury to others as a result of his or her intellectual disability. (d) If the Court or DDS places the person in a setting that does not meet the definition of a facility contained in  7-1301.03(13), the hearing pursuant to  7-1304.06a shall commence no later than 90 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future. If the hearing does not commence before the expiration of the 90-day time period, the Court shall place the person with the DDS for placement in a facility that does satisfy  7-1301.03(13) and that DDS preliminarily determines can provide habilitation services consistent with the persons needs and supervision or security sufficient to prevent the person from causing injury to others as a result of the persons intellectual disability.  (Mar. 3, 1979, D.C. Law 2-137,  312a; as added Oct. 17, 2002, D.C. Law 14-199,  2(h), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(g), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  17(p), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(14), 65 DCR 2823.)  Section References This section is referenced in  7-1303.12,  7-1305.15, and  24-531.07. Effect of Amendments D.C. Law 16-264 substituted DDS for MRDDA throughout the section. The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation at the end of (c) and (d). Emergency Legislation For temporary (90 day) amendment of section, see  301(g) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71303.13. Effect of determination of incompetency to refuse commitment. A determination by the Court under this subchapter that a person 14 years of age or older is incompetent to refuse commitment shall not be relevant to a determination of the person's competency with respect to other matters not considered by the Court.  (Mar. 3, 1979, D.C. Law 2-137,  313, 25 DCR 5094; May 5, 2018, D.C. Law 22-93,  201(c)(15), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1933. 1973 Ed.,  6-1666.
 71303.14. Rules and regulations governing respite care. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  314, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264,  301(h), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(i), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(q), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(16), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1934. 1973 Ed.,  6-1667. Effect of Amendments D.C. Law 16-264, in subsec. (a), substituted Department on Disability Services for Department of Human Services. D.C. Law 16-305, in subsec. (a), substituted persons with mental retardation for mentally retarded persons. The 2012 amendment by D.C. Law 19-169 substituted intellectual disabilities for mental retardation in the first sentence of (a). Cross References Mental health information, refusal or limitation on disclosures, see  7-1202.06. Rights of mentally retarded citizens, discharge following requests by parent, guardian or person committed, hearings, see  7-1303.08. Rights of mentally retarded citizens, effective date of chapter, see  7-1306.05. Emergency Legislation For temporary (90 day) amendment of section, see  301(h) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). References in Text The Department of Human Resources was replaced by the Department of Human Services pursuant to Reorganization Plan No. 2 of 1979, dated February 21, 1980. Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.01. Commencement of commitment proceedings; filing of written petition. Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's counsel, and the person's guardian, if any.  (Mar. 3, 1979, D.C. Law 2-137,  401, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(i), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305,  26(j), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(r), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(17), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1941. 1973 Ed.,  6-1668. Section References This section is referenced in  7-1304.03 and  24-531.02. Effect of Amendments D.C. Law 14-199 added the last sentence. D.C. Law 16-305 substituted have mental retardation for be mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in the second and fourth sentences; and substituted individuals advocate for a person with an intellectual disability for individuals mental retardation advocate in the last sentence. Emergency Legislation For temporary (90 day) amendment of section, see  2(i) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(i) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.02. Representation by counsel. Persons who have been committed, or whose commitment is sought pursuant to  7-1303.04(b-1), have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with this chapter, and they shall be informed by the Court of this right. The Court shall appoint counsel to represent the person. Whenever possible, counsel shall be appointed who has had experience in the intellectual disability area. Counsel appointed to represent persons who are unable to pay for such counsel shall be awarded compensation by the Court for his or her services in an amount determined by the Court to be fair and reasonable.  (Mar. 3, 1979, D.C. Law 2-137,  402, 25 DCR 5094; Sept. 26, 2012, D.C. Law 19-169,  17(s), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(18), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1942. 1973 Ed.,  6-1669. Section References This section is referenced in  7-1304.01. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation in the fourth sentence. Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.03. Comprehensive evaluation report and individual habilitation plan required; contents; copies. (a) If a petition filed in accordance with  7-1304.01 is not accompanied by a comprehensive evaluation report based on an evaluation which has been performed within 6 months prior to the hearing and an individual habilitation plan which has been prepared within 30 days of the filing of the petition, the Court shall immediately order that a comprehensive evaluation be conducted and an individual habilitation plan be written. (b) A written report setting forth the results of the comprehensive evaluation and a copy of the habilitation plan shall be submitted to the Court. The report shall indicate: (1) Whether or to what degree the person has an intellectual disability; (2) What habilitation is needed; and (3) The record of habilitation and care, if any. (c) The individual habilitation plan shall contain the following: (1) A statement of the nature of the specific strengths, limitations and specific needs of the person who is the subject of the plan; (2) A description of intermediate and long-range habilitation goals with a projected timetable for their attainment; (3) A statement of, and an explanation for, the plan of habilitation designed to achieve these intermediate and long-range goals; (4) A statement of the objective criteria, and an evaluation procedure and schedule for determining whether the goals are being achieved; (5) A statement of the least restrictive setting for habilitation necessary to achieve the habilitation goals; and (6) Criteria for release to less restrictive settings for habilitation and living. (d) A copy of the report and the plan shall be provided to the person and his or her counsel, at least 10 days prior to the hearing. If the petition was accompanied by a comprehensive evaluation and plan, copies of the report and plan shall be provided to the person and his or her counsel within 3 days of the filing of the petition.  (Mar. 3, 1979, D.C. Law 2-137,  403, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305,  26(k), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(t), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(19), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1943. 1973 Ed.,  6-1670. Section References This section is referenced in  7-1303.04,  7-1303.06,  7-1304.06a,  7-1305.04, and  21-2041. Effect of Amendments D.C. Law 16-305 substituted has mental retardation for is mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (b)(1). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.04. Payment for independent comprehensive evaluation and habilitation plan. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  404, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(j), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(u), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(20), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1944. 1973 Ed.,  6-1671. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation. Emergency Legislation For temporary amendment of section, see  4(b) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(b) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  506(j) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  4(b) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.05. Hearing conducted promptly. (a) Repealed. (b) A status hearing shall be held promptly after filing of the petition pursuant to  7-1303.04(b-1).  (Mar. 3, 1979, D.C. Law 2-137,  405, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(m), 49 DCR 7647; May 5, 2018, D.C. Law 22-93,  201(c)(21), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1945. 1973 Ed.,  6-1672. Section References This section is referenced in  7-1304.06a. Effect of Amendments D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted petition pursuant to  7-1303.04(a) for petition; and added subsec. (b). Emergency Legislation For temporary (90 day) amendment of section, see  2(j) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(j) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
 71304.06. Hearings conducted in informal manner; procedural rights at hearing. Except as provided in  7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Persons who have been committed, or whose commitment is sought pursuant to  7-1303.04(b-1), have the right to be present during hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. They shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses. The presence of the person may be waived only if the Court finds that the person has knowingly and voluntarily waived his or her right to be present, or if the Court determines that the person is unable to be present by virtue of his or her physical disability.  (Mar. 3, 1979, D.C. Law 2-137,  406, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(k), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169,  17(v), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(22), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1946. 1973 Ed.,  6-1673. Effect of Amendments D.C. Law 14-199 substituted Except as provided in  7-1304.06a, hearings for Hearings. The 2012 amendment by D.C. Law 19-169 substituted physical disability for physically handicapping condition at the end of the last sentence. Emergency Legislation For temporary (90 day) amendment of section, see  2(k) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) addition of  7-1304.06a, see  2(l) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(k) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) addition of  7-1304.06a, see  2(l) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.06a. Hearing and determination by Court or jury. (a) For a commitment hearing on a petition filed pursuant to  7-1303.04(b-1), a person found incompetent in a criminal case may demand a jury trial, and shall be so informed of this right. The demand shall be made at the status hearing held pursuant to  7-1304.05(b). If a timely demand for jury trial is not made, the Court shall serve as the factfinder at the hearing. A hearing by the Court or jury shall be accorded with all reasonable speed. (b) The comprehensive evaluation report and individual habilitation plan required by  7-1304.03 shall be completed prior to the hearing. (c) The person found incompetent in a criminal case shall have the right to be present during the trial or hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. The person shall have the right to be represented by counsel, retained or appointed by the Court, in any hearing or trial, and shall be so informed by the Court of this right. The person shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses. (d) If the Court or jury finds that the person does not have an intellectual disability or that the person is not likely to cause injury to others as a result of the persons intellectual disability if allowed to remain at liberty, the Court shall dismiss the petition. If the Court or jury finds that the person has an intellectual disability and is likely to cause injury to others as a result of the persons intellectual disability if allowed to remain at liberty, the Court shall order commitment to DDS for placement in a facility that would be the least restrictive means of providing the habilitation indicated by the [individual] habilitation plan required under  7-1304.03 and of preventing the person from causing injury to others as a result of the persons intellectual disability.  (Mar 3, 1979, D.C. Law 2-137,  406a; as added Oct. 17, 2002, D.C. Law 14-199,  2(l), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(i), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  27, 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(w), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(23), 65 DCR 2823.)  Section References This section is referenced in  7-761.02,  7-1301.03,  7-1303.01,  7-1303.09,  7-1303.10,  7-1303.12a,  7-1304.06,  7-1304.11,  7-1305.01, and  7-1305.02. Effect of Amendments D.C. Law 16-264, in subsec. (d), substituted DDS for MRDDA. D.C. Law 16-305, in subsec. (d), substituted does not have mental retardation for is not mentally retarded and has mental retardation for is mentally retarded. The 2012 amendment by D.C. Law 19-169 substituted intellectual disability for mental retardation wherever it appears in (d). Emergency Legislation For temporary (90 day) amendment of section, see  301(i) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.07. Standard of proof. (a) Repealed. (b) If the petition was filed pursuant to  7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the person whose commitment is sought is likely to cause injury to others as a result of an intellectual disability if allowed to remain at liberty.  (Mar. 3, 1979, D.C. Law 2-137,  407, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199,  2(m), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169,  17(x), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(24), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1947. 1973 Ed.,  6-1674. Effect of Amendments D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted  7-1303.04(a) for  7-1303.04; and added subsec. (b). The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (b). Emergency Legislation For temporary (90 day) amendment of section, see  2(m) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(m) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.08. Hearings closed to public; request for open hearing. Hearings shall be closed to the public unless the person with an intellectual disability, or his or her counsel, requests that a hearing be open to the public.  (Mar. 3, 1979, D.C. Law 2-137,  408, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305,  26(l), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(y), 59 DCR 5567.)  Prior Codifications 1981 Ed.,  6-1948. 1973 Ed.,  6-1675. Effect of Amendments D.C. Law 16-305 substituted the person with mental retardation for the mentally retarded person. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation. Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.09. Disposition orders by Court. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  409, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(k), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199,  2(n), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305,  26(m), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(z), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(25), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1949. 1973 Ed.,  6-1676. Section References This section is referenced in  7-1304.11. Effect of Amendments D.C. Law 14-199, in subsec. (a), substituted hearing on a petition filed pursuant to  7-1303.04(a) for hearing; in subsec. (b), substituted  7-1303.04(b) for  7-1303.04; and in subsec. (c), substituted determines, pursuant to subsections (a) and (b) of this subsection, for determines. D.C. Law 16-305, in subsec. (b), substituted the person with mental retardation for the mentally retarded person. The 2012 amendment by D.C. Law 19-169 rewrote (a)(1), which formerly read: The respondent is not at least moderately mentally retarded; and substituted an intellectual disability for mental retardation in (b). Emergency Legislation For temporary amendment of section, see  505(k) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(c) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(c) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  506(k) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see  2(n) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(n) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Temporary Legislation For temporary (225 day) amendment of section, see  505(k) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(c) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.10. Appeal of commitment order. Any commitment order of the Court may be appealed in a like manner as other civil actions.  (Mar. 3, 1979, D.C. Law 2-137,  410, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1950. 1973 Ed.,  6-1677.
 71304.11. Periodic review of commitment order. (a)(1) Any decision of the Court ordering commitment of a person with an intellectual disability, other than a decision of the Court ordering commitment of a person found incompetent in a criminal case to DDS pursuant to  7-1304.06a, that was issued before May 5, 2018, shall be reviewed in a Court hearing annually. The commitment shall be terminated unless there is a finding of the following: (A) The Court determines that the person with an intellectual disability has benefited from the habilitation; (B) DDS demonstrates that continued residential rehabilitation is necessary for the habilitation program; (C) The person with an intellectual disability is a resident of the District; (D) The Court determines beyond a reasonable doubt that: (i) Based on a comprehensive evaluation of the person performed within one year before the hearing, the person has at least a moderate intellectual disability and requires habilitation; and (ii) DDS is capable of providing the required habilitation; and (E) The person with an intellectual disability, or an individual authorized pursuant to paragraph (2) of this subsection, provides informed consent to continue the person's commitment. (2) If a person with an intellectual disability does not have capacity to give informed consent to continue the person's commitment, the following individuals, in the order of priority set forth below, shall be authorized to consent on behalf of the person with an intellectual disability to the continued commitment of the person with an intellectual disability pursuant to paragraph (1)(E) of this subsection: (A) A court-appointed general guardian or limited guardian of the person with an intellectual disability whose scope of appointment includes the authority to consent to the continued commitment of the person; (B) A court-appointed conservator whose scope of appointment incudes the authority to consent to the continued commitment of the person; (C) The spouse or domestic partner of the person; (D) An adult child of the person; (E) A parent of the person; (F) An adult sibling of the person; (G) A religious superior of the person, if the person is a member of a religious order, or a diocesan priest; (H) A close friend of the person; (I) The nearest-living, adult relative of the person; or (J) A guardian ad litem appointed by the Mental Health and Habilitation Branch of the Court for the sole purpose of consenting to the continued commitment of the person. (3) A decision by an individual authorized pursuant to paragraph (2) of this subsection to consent to the continued commitment of a person pursuant to paragraph (1)(E) of this subsection shall be based on the expressed wishes of the person or, if the wishes of the person are unknown and cannot be ascertained, on a good faith belief as to the best interests of the person. (4) If no individual in a prior category of individuals listed in paragraph (2) of this subsection is reasonably available, mentally capable, and willing to act, authority to consent to the continued commitment of a person shall rest with the next reasonably available, mentally capable, and willing individual on the priority list. (5) Any individual listed in paragraph (2) of this subsection shall have legal standing to challenge in the Court any decision made by an individual of higher priority listed in paragraph (2) of this subsection. (6) The order of priority established in paragraph (2) of this subsection creates a presumption that may be rebutted if an individual of lower priority is found to have better knowledge of the wishes of the person, or, if the wishes of the patient are unknown and cannot be ascertained, is better able to demonstrate a good-faith belief as to the interests of the person. (7) Nothing in this section shall be construed to change DDS's responsibility to provide services and supports pursuant to  7-761.05(1). (8) For the purposes of this subsection, a prior court decision to commit a person shall not be determinative of whether the person has capacity to give informed consent to continue the person's commitment pursuant to paragraph (1)(E) of this subsection. (a-1) Any decision of the Court ordering commitment of a person found incompetent in a criminal case to DDS pursuant to  7-1304.06a shall be reviewed in a court hearing annually. The person shall not be discharged if the Court finds that the person is likely to cause injury to others as a result of his or her intellectual disability if allowed to regain his or her liberty. (b) If a person with an intellectual disability is discharged in accordance with the provisions of subsection (a) or subsection (a-1) of this section but continues to evidence the need for habilitation and care, it shall be the responsibility of the Department on Disability Services to arrange for suitable services for the person.  (Mar. 3, 1979, D.C. Law 2-137,  411, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(l), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255,  14(b), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199,  2(o), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(j), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305,  26(n), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(aa), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(26), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1951. 1973 Ed.,  6-1678. Effect of Amendments D.C. Law 14-199, in subsec. (a), substituted facility pursuant to  7-1304.09 for facility; added subsec. (a-1); and in subsec. (b), substituted subsection (a) or subsection (a-1) of this section for subsection (a)(1) of this section. D.C. Law 16-264, in subsecs. (a) and (b), substituted Department on Disability Services for Department of Human Services; and, in subsec. (a-1), substituted DDS for MRDDA. D.C. Law 16-305, in subsec. (a), substituted person with mental retardation for mentally retarded person; and throughout the rest of the section, substituted individual with mental retardation for mentally retarded individual. The 2012 amendment by D.C. Law 19-169 substituted with an intellectual disability for with mental retardation wherever it appears in the section; and substituted intellectual disability for mental retardation in the second sentence of (a-1). Emergency Legislation For temporary amendment of section, see  505(l) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(d) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(d) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  402(b) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(l) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see  2(o) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(o) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see  301(j) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see  505(l) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(d) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71304.12. Payment of costs and expenses. Costs and expenses of all proceedings held under this chapter shall be paid as follows: (1) To expert witnesses designated by the Court, an amount determined by the Court; (2) To attorneys appointed under this chapter, fees as authorized under the Criminal Justice Act ( 11-2601 et seq.); (3) To other witnesses, the same fees and mileage as for attendance at Court to be paid upon the approval of the Court.  (Mar. 3, 1979, D.C. Law 2-137,  412, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1952. 1973 Ed.,  6-1679.
 71304.13. Advocate for a person with an intellectual disability. (a) Persons with an intellectual disability who have been committed, and persons whose commitment is sought under  7-1303.04(b-1), shall have the assistance of an advocate for a person with an intellectual disability in every proceeding and at each stage in such proceedings under this chapter. (b) The Court shall appoint a qualified advocate for a person with an intellectual disability selected from a list of such advocates it maintains. (c) Advocates for persons with an intellectual disability shall have the following powers and duties: (1) To inform persons subject to the procedures set forth in this chapter of their rights; (2) To consult with the person, his or her family and others concerned with his or her habilitation and well being; (3) To ensure by all means, including case referral to legal services, agencies and other practicing lawyers, that the person is afforded all rights under the law; and (4) To guide and assist the person in such a manner as to encourage self-reliance and enable the person to participate to the greatest extent possible in decisions concerning his or her habilitation plan, and the services to be provided under this plan. (d) The advocate for a person with an intellectual disability shall receive notice and shall have the right to participate in all meetings, conferences or other proceedings relating to any matter affecting provision of services to the person including, but not limited to, comprehensive evaluation, habilitation plan, petition and hearings for commitment and for periodic review of the commitment. (e) The advocate for a person with an intellectual disability shall have access to all records, reports and documents affecting his or her client. (f) The advocate for a person with an intellectual disability shall have access to all personnel and facilities responsible for providing care or services to his or her client and shall be permitted to visit and communicate with his or her client in private, and at any reasonable time without prior notice; provided, that he or she shows reasonable cause for visiting at times other than visiting hours. (g) The advocate for a person with an intellectual disability shall be a person with training and experience in the field of intellectual disability. (h) Advocates shall be provided directly by the Court or by a contract with individuals or organizations including local associations for persons with intellectual disabilities; however, the Court shall ensure that contracts and other arrangements for selection and provision of advocates provide that each advocate for a person with an intellectual disability shall be independent of any public or private agency which provides services to persons subject to this chapter. (i) In the selection, training and development of the advocacy provision of this section, the Court shall explore and seek out potential sources of funding at the federal and District levels. (j) Advocates shall be provided with facilities, supplies, and secretarial and other support services sufficient to enable them to carry out their duties under this chapter. (k) All communication between advocates and their clients shall remain confidential and privileged as if between attorney and client. (l) The Court shall promulgate such rules amplifying and clarifying this section as it deems necessary. (m) Persons with an intellectual disability subject to this chapter may knowingly reject the services of an advocate for a person with an intellectual disability and shall be so advised by the Court. Advocates whose services have been rejected by the person with an intellectual disability shall not have the rights set forth in subsections (c), (d), (e), (f) and (j) of this section. (n) If so authorized by the Court, the advocate for a person with an intellectual disability shall be permitted to grant, refuse, or withdraw consent on behalf of his or her client with respect to the provision of any health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title 21.  (Mar. 3, 1979, D.C. Law 2-137,  413, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305,  26(o), 53 DCR 6198; Oct. 22, 2008, D.C. Law 17-249,  5(b), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169,  17(bb), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(27), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1953. 1973 Ed.,  6-1680. Section References This section is referenced in  7-1301.03 and  21-2210. Effect of Amendments D.C. Law 16-305, in subsecs. (a) and (m), substituted persons with mental retardation for mentally retarded persons. D.C. Law 17-249 added subsec. (n). The 2012 amendment by D.C. Law 19-169 rewrote the section heading, which formerly read: Mental retardation advocate; substituted persons with intellectual disabilities for persons with mental retardation wherever it appears in (a) and (m); substituted an advocate for a person with an intellectual disability for a mental retardation advocate in (a) and (m); substituted the advocate for a person with an intellectual disability for the mental retardation advocate in (d) through (g); substituted person with an intellectual disability for person with mental retardation in (m); substituted advocate for a person with an intellectual disability for mental retardation advocate in (b) and (h); substituted Advocates for a person with an intellectual disability for Mental retardation advocates in (c); substituted intellectual disability for mental retardation at the end of (g); and substituted individuals with intellectual disabilities for consumers of mental retardation services in (h). Emergency Legislation For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021). For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795). For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) amendment, see  5(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) amendment of section, see  4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.01. Habilitation and care; habilitation program. (a) To the extent that appropriated funds are available to carry out the purposes of this chapter, no District resident with an intellectual or developmental disability shall be denied habilitation, care, or both suited to the persons needs regardless of the persons age, degree of intellectual or developmental disability, or other disabling condition. (b) To the extent that appropriated funds are available to carry out the purposes of this chapter, each person shall be provided a habilitation program that will maximize the persons human abilities, enhance the persons ability to cope with the persons environment, and create a reasonable opportunity for progress toward the goal of independent living. (c) Notwithstanding subsection (a) of this section, no person subject to commitment pursuant to  7-1304.06a shall be denied habilitation, care, or both suited to the persons needs, regardless of the persons age, degree of intellectual disability, or other disabling condition. (d) Notwithstanding subsection (b) of this section, a person subject to commitment pursuant to  7-1304.06a shall be provided a habilitation program that will maximize the persons human abilities, enhance the persons ability to cope with the persons environment, and create a reasonable opportunity for progress toward the goal of independent living. (e)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter in subsections (a) and (b) of this section, effective January 1, 2012, a District resident with an intellectual or developmental disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person: (A) Who is a former resident of Forest Haven; (B) Whose needs cannot reasonably be met by a District Medicaid provider; (C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or (D) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee. (2) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.  (Mar. 3, 1979, D.C. Law 2-137,  501, 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81,  9, 45 DCR 745; Oct. 17, 2002, D.C. Law 14-199,  2(p), 49 DCR 7647; Sept. 14, 2011, D.C. Law 19-21,  5002(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169,  17(dd), 59 DCR 5567; Sept. 26, 2012, D.C. Law 19-171,  55, 59 DCR 6190; May 5, 2018, D.C. Law 22-93,  201(c)(28), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  3(b)(1), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1961. 1973 Ed.,  6-1681. Effect of Amendments D.C. Law 14-199 added subsecs. (c) and (d). D.C. Law 19-21 added subsec. (e). The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (a) and in the introductory language of (e)(1); substituted degree of intellectual disability, or other disabling condition for degree of retardation, or handicapping condition in (a) and (c); and substituted individual for customer or variants wherever it appears in (b). The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(b)(1) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(b)(1) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary amendment of section, see  505(m) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(e) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(e) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  506(m) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(n) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see  2(p) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(p) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Temporary Legislation For temporary (225 day) amendment of section, see  505(m) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(e) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 17(cc) of D.C. Law 19-169 substituted Rights of Persons with Intellectual Disabilities for Rights of Mentally Retarded Persons in the heading of subchapter 5. Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.02. Living conditions; teaching of skills. Persons shall be provided with the least restrictive and most normal living conditions possible. Persons with intellectual disabilities found incompetent in a criminal case shall be provided with the least restrictive and most normal living conditions possible consistent with preventing the person from causing injury to others as a result of the persons intellectual disability. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Persons shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living and, in the case of a person committed under  7-1304.06a, to refrain from committing crimes of violence or sex offenses.  (Mar. 3, 1979, D.C. Law 2-137,  502, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(n), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199,  2(q), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169,  17(ee), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(29), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1962. 1973 Ed.,  6-1682. Effect of Amendments D.C. Law 14-199 rewrote the section which had read as follows: Customers shall be provided with the least restrictive and most normal living conditions possible. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Customers shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living. The 2012 amendment by D.C. Law 19-169 substituted Individuals for Customers in the first and last sentences; and substituted intellectual disability for mental retardation twice in the second sentence. Emergency Legislation For temporary amendment of section, see  505(n) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  2(q) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see  2(q) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). Temporary Legislation For temporary (225 day) amendment of section, see  505(n) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.03. Least restrictive conditions. (a) Persons shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move persons from: (1) More to less structured living; (2) Larger to smaller facilities; (3) Larger to smaller living units; (4) Group to person residence; (5) Segregated to integrated community living; or (6) Dependent to independent living. (b) If at any time the Director decides that a person should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to section 309. Notice shall be provided to the person, the persons counsel, the persons advocate for a person with an intellectual disability, if one has been appointed, and the persons parent or guardian who petitioned for the commitment.  (Mar. 3, 1979, D.C. Law 2-137,  503, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(o), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(ff), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(30), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1963. 1973 Ed.,  6-1683. Effect of Amendments The 2012 amendment by D.C. Law 19-169 rewrote the section. Emergency Legislation For temporary amendment of section, see  505(o) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(f) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(f) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  402(c) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(o) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  505(o) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(f) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.04. Comprehensive evaluation and individual habilitation plan. (a)(1) Before each person's commitment under this chapter, the person shall receive, pursuant to  7-1304.03, a comprehensive evaluation or screening and an individual habilitation plan. (2) All individual habilitation plans shall include: (A) Current information on whether the person has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment and: (i) Has executed or could execute a durable power of attorney in accordance with  21-2205; or (ii) Has an person reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210; and (B) A current durable power of attorney or, in the absence of a durable power of attorney, documentation that the person has been offered an opportunity to execute a durable power of attorney pursuant to  21-2205 and has declined. (3) Annual reevaluations or screenings of the person shall be provided as determined by the person's interdisciplinary team. Annual reevaluations and screenings shall include a review of and update to the individual habilitation plan on whether the person: (A) Has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment; (B) Has executed or could execute a durable power of attorney in accordance with  21-2205; (C) Has been offered an opportunity to execute a durable power of attorney pursuant to  21-2205 and declined; or (D) Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210. (4) By April 15, 2009, the DDS shall establish written procedures for incorporating a review of all mental-health services, including psychotropic medications, behavioral plans, and any other psychiatric treatments, into the annual reevaluations and screenings conducted by the person's interdisciplinary team. (5) Nothing in this subsection shall be construed as requiring any person to execute a durable power of attorney for health care. (b) Within 10 days of a person's commitment pursuant to  7-1304.03, the Department on Disability Services shall: (1) Designate each professional or staff member who is responsible for implementing or overseeing the implementation of a person's individual habilitation plan; (2) Designate each District agency, private agency, or service responsible for providing the habilitation included in the plan; and (3) Specify the role and objectives of each District agency, private agency, or service with respect to the plan. (c) To the extent of funds appropriated for the purposes of this chapter, each person shall receive habilitation, care, or both consistent with the recommendations included in the person's individual habilitation plan. The Department on Disability Services shall set standards for habilitation and care provided to such persons, consistent with standards set by the Council on Quality and Leadership, including staff-person and professional-person ratios. (d)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter, effective January 1, 2012, a District resident with intellectual or developmental disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter, consistent with the recommendations included in the individual habilitation plan, must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person: (A) Who is a former resident of Forest Haven; (B) Whose needs cannot reasonably be met by a District Medicaid provider; (C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or (D) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee. (2) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.  (Mar. 3, 1979, D.C. Law 2-137,  504, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(p), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264,  301(k), 54 DCR 818; Oct. 22, 2008, D.C. Law 17-249,  5(c), 55 DCR 9206; Sept. 14, 2011, D.C. Law 19-21,  5002(c), 58; Sept. 26, 2012, D.C. Law 19-169,  17(gg), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(31), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  3(b)(2), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1964. 1973 Ed.,  6-1684. Section References This section is referenced in  7-1305.12. Effect of Amendments D.C. Law 16-264, in subsecs. (b) and (c), substituted Department on Disability Services for Department of Human Services. D.C. Law 17-249 rewrote subsec. (a), which had read as follows: (a) Prior to each customers commitment pursuant to  7-1304.03, the customer shall receive a comprehensive evaluation or screening and an individual habilitation plan. Within 30 days of a customers admission pursuant to  7-1303.02, the customer shall have a comprehensive evaluation or screening and an individual habilitation plan. Annual reevaluations or screenings of the customer shall be provided as determined by the customers interdisciplinary team in accordance with Accreditation Council for Services for People with Developmental Disabilities Standards. D.C. Law 19-21 added subsec. (d). The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; in (c), in the second sentence, substituted the Council on Quality and Leadership for Accreditation Council for Services for the Mentally Retarded and Other Developmentally Disabled Persons and staff-individual and professional-individual for staff-customer and professional-customer and substituted qualified developmental disability professional for qualified mental retardation professional in the last sentence; and substituted intellectual disability for mental retardation in (d). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(b)(2) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(b)(2) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary amendment of section, see  505(p) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  4(g) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(g) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  402(d) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(p) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  402(e) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(q) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) amendment of section, see  301(k) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) amendment, see  5(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) amendment of section, see  505(p) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.05. Visitors; mail; access to telephones; religious practice; personal possessions; privacy; exercise; diet; medical attention; medication. (a) Subject to restrictions by a physician for good cause, each person has the right to receive visitors of his or her own choosing daily. Hours during which visitors may be received shall be limited only in the interest of effective treatment and the reasonable efficiency of the facility, and shall be sufficiently flexible to accommodate the person needs of the person and his or her visitors. Notwithstanding the above, each person has the right to receive visits from his or her attorney, physician, psychologist, clergyman, social worker, parents or guardians, or advocate for a person with an intellectual disability in private at any reasonable time, irrespective of visiting hours, provided the visitor shows reasonable cause for visiting at times other than normal visiting hours. (b) Writing material and postage stamps shall be reasonably available for the persons use in writing letters and other communications. Reasonable assistance shall be provided for writing, addressing and posting letters and other documents upon request. The person shall have the right to send and receive sealed and uncensored mail. The person has the right to reasonable private access to telephones and, in case of personal emergencies when other means of communications are not satisfactory, he or she shall be afforded reasonable use of long distance calls. A person who is unable to pay shall be furnished such writing, postage, and telephone facilities without charge. (c) Each person shall have the right to follow or abstain from the practice of religion. The facility shall provide appropriate assistance in this connection including reasonable accommodations for religious worship and/or transportation to nearby religious services. Persons who do not wish to participate in religious practice shall be free from pressure to do so or to accept religious beliefs. (d) Each person shall have the right to a humane psychological and physical environment. He or she shall be provided a comfortable bed and adequate changes of linen and reasonable storage space, including locked space, for his or her personal possessions. A record shall be kept of each persons personal possessions. Except when curtailed for reason of safety or therapy as documented in his or her record by a physician, he or she shall be afforded reasonable privacy in his sleeping and personal hygiene practices. (e) Each person shall have reasonable daily opportunities for physical exercise and outdoor exercise and shall have reasonable access to recreational areas and equipment. (f) Each person has the right to a nourishing, well-balanced, varied, and appetizing diet, and where ordered by a physician and/or nutritionist, to a special diet. (g) Each person shall have the right to prompt and adequate medical attention for any physical ailments and shall receive a complete physical examination upon admission and at least once a year thereafter. (h) All persons have a right to be free from unnecessary or excessive medication. No medication shall be administered unless at the written or verbal order of a licensed physician, noted promptly in the patients medical record and signed by the physician within 24 hours. Medication shall be administered only by a licensed physician, registered nurse or licensed practical nurse, or by a medical or nursing student under the direct supervision of a licensed physician or registered nurse, or by a Director acting upon a licensed physicians instructions. The attending physician shall review on a regular basis the drug regimen of each person under his or her care. All prescriptions for psychotropic medications shall be written with a termination date, which shall not exceed 30 days. Medication shall not be used as a punishment, for the convenience of staff, as a substitute for programs, or in quantities that interfere with the persons habilitation program.  (Mar. 3, 1979, D.C. Law 2-137,  505, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(q), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(hh), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(32), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1965. 1973 Ed.,  6-1685. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; and substituted advocate for a person with an intellectual disability for mental retardation advocate in the last sentence of (a). Emergency Legislation For temporary amendment of section, see  505(q) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). Temporary Legislation For temporary (225 day) amendment of section, see  505(q) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) amendment of section, see  4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.06. Prohibited psychological therapies. No psychosurgery, convulsive therapy, experimental treatment or behavior modifications program involving aversive stimuli or deprivation of rights set forth in this subchapter shall be administered to any resident.  (Mar. 3, 1979, D.C. Law 2-137,  506, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1966. 1973 Ed.,  6-1686.
 71305.06a. Informed consent. (a) Except in accordance with the procedures described in subsections (b) and (c) of this section, in  21-2212, or as otherwise provided by law, no DDS person shall be given services pursuant to this chapter absent the persons informed consent. In seeking informed consent, the provider or DDS shall present the person with available options and all material information necessary to make the decision, including information about the proposed service, potential benefits and risks of the proposed service, potential benefits and risks of no service, side effects, and information about feasible alternative services, if any. (b) If the provider or DDS reasonably believes that the person lacks the capacity to provide informed consent for the proposed service, the provider or DDS promptly shall seek a determination of the persons capacity in accordance with  21-2204. If the person is certified as incapacitated for health-care decisions in accordance with  21-2204, DDS or the provider shall promptly seek the provision of substituted consent from the persons attorney-in-fact pursuant to  21-2206 or, if no attorney-in-fact has been authorized pursuant to  21-2205 or is reasonably available, mentally capable, and willing to act, from a person authorized to provide substituted consent pursuant to  21-2210. (c) If the person is certified as incapacitated and unable to consent to the proposed service in accordance with  21-2204, and no attorney-in-fact or person listed in  21-2210(a) is reasonably available, mentally capable, and willing to act: (1) For any proposed services except psychotropic medications, the District shall petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The Districts petition shall request the form of guardianship which is least restrictive to the incapacitated person in duration and scope, taking into account the incapacitated persons current mental and adaptive limitations or other conditions warranting the procedure. This subsection does not preclude any other party from petitioning the Court for appointment of a guardian. (2) For all proposed psychotropic medications, except as described under paragraph (3) of this subsection, the provider may administer medication only when the administration of medication is accompanied by a behavioral plan and only after receiving approval from an independent panel appointed by the DDS Administrator pursuant to  7-1305.06b. (3) In an emergency in which a person is experiencing a mental health crisis and in which the immediate provision of mental health treatment, including medication, is, in the written opinion of the attending physician, necessary to prevent serious injury to the person or others, the provider may administer medication without seeking the persons prior informed consent only to the extent necessary to terminate the emergency.  (Mar. 3, 1979, D.C. Law 2-137,  506a; as added Oct. 22, 2008, D.C. Law 17-249,  5(d), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169,  17(ii), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(33), 65 DCR 2823.)  Section References This section is referenced in  7-1305.06b. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section. Emergency Legislation For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) addition, see  5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.06b. Review panel for administration of psychotropic medications. (a) The DDS Administrator shall establish an independent panel to review all proposals to administer psychotropic medications to persons made pursuant to  7-1305.06a(c)(2) and in accordance with the administrative procedures established by DDS in accordance with subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.]. The administrative procedures established by DDS shall be consistent with the requirements of this section. (b) The panel shall be comprised of 3 members. The members of the panel and their employers shall be immune from suit for any claim arising from any good faith act or omission under this section. The members of the panel shall not be affiliated with the person, the provider, or the physician seeking to administer the medication, but shall include: (1) A board-certified psychiatrist or an advanced practice registered nurse; (2) A licensed professional; and (3) An person, or, if unavailable, an advocate for a person with an intellectual disability or other person advocate. (c) The administrative procedure established by DDS for the panel shall include, at a minimum: (1) A meeting by the panel no later than one week after DDS receives a request for consent; (2) Written and oral notice to the person not less than 48 hours prior to when the panel will meet; (3) The right of the person to be present when the panel meets and to have a representative present during any such meeting; (4) The opportunity, at the meeting of the panel, for the person and his or her representative to present information and to discuss the wishes of the person; (5) The issuance of a written decision by the panel no later than one week after the meeting of the panel, to be provided to the person, the persons representative, and the provider; and (6) The right of the person to request that the DDS Human Rights Advisory Committee or its successor entity review the decision of the panel. (d) If the person requests a review by the DDS Human Rights Advisory Committee or its successor entity before the decision of the panel has been implemented, the decision shall not be implemented until after the DDS Human Rights Advisory Committee or its successor entity responds to the requested review. The DDS Human Rights Advisory Committee or its successor entity shall conduct the review at its next meeting or no later than 30 days after the request, whichever is earlier, and shall issue a response promptly. (e) The panel shall issue a written decision which may grant, refuse, or withdraw consent to the prescription of the proposed psychotropic medication. The panel shall seek to conform as closely as possible to a standard of substituted judgment or, if the persons wishes are unknown and remain unknown after reasonable efforts to discern them, make the decision on the basis of the persons best interests. If the panel grants consent, the consent shall be granted for a limited period of time and shall last no longer than 9 consecutive months. (f) For persons for whom the panel has provided consent, DDS shall offer the person the opportunity to execute a durable power of attorney in accordance with  21-2205 and shall continue to seek to identify one or more persons listed in  21-2210(a) who may be reasonably available, mentally capable, and willing to act. (g) For persons for whom the panel has provided consent for 3 or more consecutive months, and for whom there is a reasonable likelihood that no decision-maker will become available and that the person will not achieve capacity during the next 6 months to make decisions regarding psychotropic medications on his or her own behalf, the District shall petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The Districts petition shall request the type of guardianship which is least restrictive to the incapacitated person in duration and scope, taking into account the incapacitated persons current mental and adaptive limitations or other conditions warranting the procedure. This subsection does not preclude any other party from petitioning the Court for appointment of a guardian. (h) Refusal to consent to psychotropic medications shall not be used as evidence of an persons incapacity. (i) Refusal to consent to services on the basis of a valid religious objection shall not be overridden absent a specific court order requiring the provision of services.  (Mar. 3, 1979, D.C. Law 2-137,  506b; as added Oct. 22, 2008, D.C. Law 17-249,  5(d), 55 DCR 9206; Mar. 3, 2010, D.C. Law 18-111,  7024, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-169,  17(jj), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(34), 65 DCR 2823.)  Section References This section is referenced in  7-1305.06a and  7-1305.07a. Effect of Amendments D.C. Law 18-111, in subsec. (b)(1), deleted , subject to the availability of funds, following psychiatrist. The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; and substituted an advocate for a person with an intellectual disability for a mental retarded advocate in (b)(3). Emergency Legislation For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) addition, see  5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). For temporary (90 day) amendment of section, see  7024 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  7024 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.06c. Psychotropic medication review. (a) By April 15, 2009, the DDS shall complete a psychotropic medication review for all persons served by DDS. (b) By October 17, 2008, the DDS shall establish written procedures, which shall include timelines and shall identify responsible entities or persons, for promptly implementing the recommendations for each person identified by the psychotropic medication review. (c) The psychotropic medication review shall be conducted by a review team that includes professionals with expertise in the prescription, use, and side effects of psychotropic medications as therapy for persons who have been dually diagnosed with intellectual disabilities and mental illness. (d) DDS shall establish in writing: (1) Procedures for an initial administrative review of psychotropic medication prescriptions for all persons served by DDS. (2) Procedures and criteria for determining which persons receive only an initial administrative review of psychotropic medications, and which persons also receive a more detailed clinical review of psychotropic medications; and (3) Criteria for screening and determining the clinical appropriateness of each psychotropic medication prescribed for each person. (e) The review team shall complete the initial administrative review of psychotropic medications. The initial administrative review of psychotropic medications shall determine, at minimum, for each person served by DDS: (1) All prescribed psychotropic medications; (2) The diagnosis justifying each prescription; (3) The provision of informed consent for each prescription; (4) The presence of an accompanying behavioral plan; and (5) Any other mental health services being provided to the person. (f) The review team shall conduct a clinical review of psychotropic medications when the initial administrative review meets the review teams criteria indicating that a detailed clinical review of the persons psychotropic medication is warranted. The clinical review shall seek to determine the clinical appropriateness of each prescribed psychotropic medication and the potential for alternative approaches. The clinical review shall include, at a minimum, interviews with the person, the prescribing professional, and the persons residential and day service providers, if any. (g) By no later than 30 days after completing a psychotropic medication review of a person, the review team shall issue a written report, which shall include recommendations for: (1) Continued use, modification, or termination of psychotropic medication; (2) Potential use of alternative approaches, including therapies, behavioral plans, skill development, and environmental modifications; (3) Informed consent, if informed consent has not been provided; and (4) Development of a behavioral plan, if no behavioral plan is present. (h) A copy of the written report of the review team shall be appended to the persons person habilitation plan and shall be provided to: (1) The person; (2) The persons legal representative, if any; (3) The persons advocate for a person with an intellectual disability, if any; (4) The persons DDS case manager; (5) Other persons identified in the persons person habilitation plan as reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210, if any; (6) The persons residential service provider; and (7) The Quality Trust for Individuals with Disabilities, Inc.  (Mar. 3, 1979, D.C. Law 2-137,  506c; as added Oct. 22, 2008, D.C. Law 17-249,  5(d), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169,  17(kk), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(35), 65 DCR 2823.)  Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted all individuals served by DDS for all DDS customers in (a) and (d)(1); substituted individual for customer or variants throughout the section; substituted intellectual disabilities for mental retardation in (c); substituted each individual served by DDS for each DDS customer in the introductory language of (e); substituted advocate for a person with an intellectual disability for mental retardation advocate wherever it appears in the section; and in (h)(5), substituted Other persons for The individuals. Emergency Legislation For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) addition, see  4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) addition, see  5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) addition, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.07. Essential surgery in medical emergency. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  507, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(r), 42 DCR 3684; Oct. 22, 2008, D.C. Law 17-249,  5(e), 55 DCR 9206.)  Prior Codifications 1981 Ed.,  6-1967. 1973 Ed.,  6-1687. Emergency Legislation For temporary amendment of section, see  505(r) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary amendment of section, see  402(f) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(r) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  402(g) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(t) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(s) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  3(a) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Emergency Amendment Act of 1998 (D.C. Act 12-554, December 30, 1998, 45 DCR 566). For temporary addition of  6-1967.1, see  3(b) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Emergency Amendment Act of 1998 (D.C. Act 12-554, December 30, 1998, 45 DCR 566). For temporary (90-day) amendment of section, see  3(a) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-56, April 16, 1999, 46 DCR 3858). For temporary (90-day) addition of  6-1967.1, see  3(b) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-56, April 16, 1999, 46 DCR 3858). For temporary (90-day) amendment of section, see  3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 1999 (D.C. Act 13-202, December 1, 1999, 47 DCR 134). For temporary (90-day) addition of  6-1967.1, see  3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 1999 (D.C. Act 13-202, December 1, 1999, 47 DCR 134). For temporary (90-day) amendment of section, see  3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-285, March 7, 2000, 47 DCR 2033). For temporary (90-day) addition of  6-1967.1, see  3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-285, March 7, 2000, 47 DCR 203). For temporary (90 day) amendment of section, see  3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2000 (D.C. Act 13-455, November 7, 2000, 47 DCR 9415). For temporary (90 day) addition of  7-1305.07a, see  3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2000 (D.C. Act 13-455, November 7, 2000, 47 DCR 9415). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-3, February 13, 2001, 48 DCR 2251). For temporary (90 day) addition of section  7-1305.07a, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-3, February 13, 2001, 48 DCR 2251). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2001 (D.C. Act 14-143, October 23, 2001, 48 DCR 9944). For temporary (90 day) addition of section  7-1305.07a, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2001 (D.C. Act 14-143, October 23, 2001, 48 DCR 9944). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-246, January 28, 2002, 49 DCR 1040). For temporary (90 day) addition of  7-1305.07a, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-246, January 28, 2002, 49 DCR 1040). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2002 (D.C. Act 14-514, October 23, 2002, 49 DCR 10480). For temporary (90 day) addition of  7-1305.07a, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2002 (D.C. Act 14-514, October 23, 2002, 49 DCR 10480). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-602, January 7, 2003, 50 DCR 684). For temporary (90 day) addition of  7-1305.07a, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-602, January 7, 2003, 50 DCR 684). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2003 (D.C. Act 15-234, November 25, 2003, 50 DCR 10734). For temporary (90 day) addition of section, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2003 (D.C. Act 15-234, November 25, 2003, 50 DCR 10734). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-359, February 19, 2004, 51 DCR 2578). For temporary (90 day) addition of section, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-359, February 19, 2004, 51 DCR 2578). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted for Health Care Decisions Emergency Amendment Act of 2004 (D.C. Act 15-558, October 26, 2004, 51 DCR 10375). For temporary (90 day) addition of section, see  3(b) of Citizens with Mental Retardation Substituted for Health Care Decisions Emergency Amendment Act of 2004 (D.C. Act 15-558, October 26, 2004, 51 DCR 10375). For temporary (90 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-6, January 19, 2005, 52 DCR 2683). For temporary (90 day) addition of section, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-6, January 19, 2005, 52 DCR 2683). For temporary (90 day) repeal of section, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021). For temporary (90 day) repeal of section, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795). For temporary (90 day) repeal of section, see  4(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) repeal of section, see  4(e) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) repeal, see  4(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) repeal, see  4(e) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Act of 2007 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) repeal, see  5(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) amendment of section, see  505(r) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  3(a) of Mentally Retarded Citizens Substitute Consent for Health Care Decisions and Emergency Care Definition Temporary Amendment Act of 1998 (D.C. Law 12-249, April 20, 1999, law notification 46 DCR 4162). For temporary (225 day) amendment of section, see  3(a), (b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 1999 (D.C. Law 13-88, April 12, 2000, law notification 47 DCR 2839). For temporary (225 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2000 (D.C. Law 13-221, April 3, 2001, law notification 48 DCR 3463). For temporary (225 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2001 (D.C. Law 14-64, February 27, 2002, law notification 49 DCR 2274). For temporary (225 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2002 (D.C. Law 14-241, March 25, 2003, law notification 50 DCR 2754). For temporary (225 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2003 (D.C. Law 15-98, March 10, 2004, law notification 51 DCR 3618). For temporary (225 day) amendment of section, see  3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2004 (D.C. Law 15-245, March 17, 2005, law notification 52 DCR 4121). For temporary (225 day) addition, see  3(b) of Mentally Retarded Citizens Substitute Consent for Health Care Decisions and Emergency Care Definition Temporary Amendment Act of 1998 (D.C. Law 12-249, April 20, 1999, law notification 46 DCR 4162). For temporary (225 day) addition, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2000 (D.C. Law 13-221, April 3, 2001, law notification 48 DCR 3463). For temporary (225 day) addition, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2001 (D.C. Law 14-64, February 27, 2002, law notification 49 DCR 2274). For temporary (225 day) addition, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2002 (D.C. Law 14-241, March 25, 2003, law notification 50 DCR 2754). For temporary (225 day) addition, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2003 (D.C. Law 15-98, March 10, 2004, law notification 51 DCR 3618). For temporary (225 day) addition, see  3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2004 (D.C. Law 15-245, March 17, 2005, law notification 52 DCR 4121). Temporary Repeal of Section For temporary (225 day) repeal of section, see  4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) repeal of section, see  4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) repeal of section, see  4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
 71305.07a. Health-care decisions policy, annual plan, and quarterly reports. (a) It shall be the policy of the District government to ensure that all persons who become incapable of making or communicating health-care decisions for themselves have available health-care decision-makers. In addition, it shall be the policy of DDS to ensure that every person served by DDS has the opportunity to execute a durable power of attorney pursuant to  21-2205, and has one or more persons identified as reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210, if the person were to become certified as incapacitated to make a health-care decision in accordance with  21-2204. (b) The DDS Administrator shall issue by November 1 of each year an annual plan describing how DDS will comply with subsection (a) of this section during the current fiscal year. The plan shall include data from the prior fiscal year for assessing the current and potential health-care decision-making needs of all persons served by DDS. The plan shall include, at a minimum: (1) Aggregate statistics summarizing the number of DDS Customers who: (A) Have a general guardian, a limited guardian, a health-care guardian, or an emergency guardian as of the end of the prior fiscal year; (B) At any time during the prior fiscal year, had an emergency guardian authorized to make health-care decisions or a health-care guardian; (C) Have executed a durable power of attorney in accordance with  21-2205; (D) Have been offered an opportunity to execute a durable power of attorney pursuant to  21-2205 and declined; (E) Have an person identified as reasonably available, mentally capable, and willing to provide substituted consent pursuant to  21-2210; or (F) Lack any available substitute health-care decision-maker; (2) Aggregate statistics describing the numbers of persons taking psychotropic medications as of the end of the previous fiscal year, and an assessment of the degree to which health-care decision-making support for the prescription of psychotropic medication may be required for these persons; (3) Aggregate statistics describing the requests for consent reviewed during the prior fiscal year by the independent psychotropic medication panel authorized in  7-1305.06b, analyzing outcomes, monthly and yearly trends, and requests for review by the DDS Human Rights Committee; (4) Aggregate statistics describing for the prior fiscal year: (A) The number of substitute decisions which required intervention by DDS to identify an person to provide substituted consent pursuant to  21-2210; (B) The nature of the health-care needs and medical treatments; and (C) The average time elapsed between a request for a substituted decision and the provision of substituted consent; and (5) An analysis of the statistics described in this subsection, identification of yearly and multiyear trends, and a plan for remedial measures to be taken when the statistics identify process or service deficiencies. (c) The DDS Administrator shall produce a quarterly report on all substituted consent activities pursuant to subsection (a) of this section until October 2010. Quarterly reports shall be complete by the 15th day of October, January, April, and July and shall include: (1) Statistics describing: (A) The number of substitute decisions during the prior quarter which required intervention by DDS to identify an person to provide substituted consent pursuant to  21-2210; (B) The nature of the health-care needs and medical treatments for each substituted decision; (C) The time elapsed between each request for a substituted decision and the provision of substituted consent; and (D) If the process for identifying an person to provide substituted consent pursuant to  21-2210 is not complete, a summary of the specific barriers currently identified and the specific action needed; and (2) An analysis of the statistics described in this subsection, and a plan for remedial measures to be taken, when the statistics identify process delays. (d)(1) The DDS Administrator shall submit the annual plan described in subsection (b) of this section and the quarterly report described in subsection (c) of this section to: (A) The Committee of the Council under whose purview DDS falls; (B) The Mayor; and (C) The designated state protection and advocacy agency for the District of Columbia established pursuant to the Protection and Advocacy for Mentally Ill Individuals Act of 1986, approved May 23, 1986 (100 Stat. 478; 42 U.S.C.  10801 et seq.), and section 509 of the Rehabilitation Act of 1973, approved October 29, 1992 (106 Stat. 4430; 29 U.S.C.  794e). (2) The DDS Administrator shall make copies of the annual plan and quarterly reports described in this section available to members of the public upon request. (e) Nothing in this section shall be construed as requiring any person to execute a durable power of attorney for health care.  (Mar. 3, 1979, D.C. Law 2-137,  507a; as added Oct. 22, 2008, D.C. Law 17-249,  5(f), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169,  17(ll), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(36), 65 DCR 2823.)  Effect of Amendments The 2012 amendment by D.C. Law 19-169, in the second sentence of (a), substituted every individual served by DDS for every DDS customer and the individual for the customer; substituted individuals served by DDS for DDS customers in the introductory language of (b) and (b)(1); and substituted individuals for customers twice in (b)(2). Emergency Legislation For temporary (90 day) addition, see  4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021). For temporary (90 day) addition, see  4(e) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795). For temporary (90 day) addition, see  4(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940). For temporary (90 day) addition, see  4(f) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272). For temporary (90 day) addition, see  4(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932). For temporary (90 day) addition, see  4(f) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Act of 2007 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230). For temporary (90 day) addition, see  5(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167). Temporary Legislation For temporary (225 day) addition, see  4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454). For temporary (225 day) addition, see  4(f) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492). For temporary (225 day) addition, see  4(f) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.08. Sterilization. No person served at a facility shall be sterilized by any employee of a facility or by any other person acting at the direction of, or under the authorization of, the Director or any other employee of a facility.  (Mar. 3, 1979, D.C. Law 2-137,  508, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(s), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(mm), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(37), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1968. 1973 Ed.,  6-1688. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted individual served at for customer of. Emergency Legislation For temporary amendment of section, see  505(s) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). Temporary Legislation For temporary (225 day) amendment of section, see  505(s) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.09. Experimental research. Persons shall have a right not to be subjected to experimental research without the express and informed consent of the person, or if the person cannot give informed consent, of the persons parent or guardian. Such proposed research shall first have been reviewed and approved by the Department on Disability Services before such consent shall be sought. Prior to such approval, the Department shall determine that such research complies with the principles of the statement on the use of human subjects for research of the American Association on Mental Deficiency and with the principles for research involving human subjects required by the United States Department of Health and Human Services for projects supported by that agency.  (Mar. 3, 1979, D.C. Law 2-137,  509, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(t), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264,  301(l), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  17(nn), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(38), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1969. 1973 Ed.,  6-1689. Effect of Amendments D.C. Law 16-264 substituted Department on Disability Services for Department of Human Services. The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants wherever it appears in the first sentence. Emergency Legislation For temporary amendment of section, see  505(t) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (90 day) amendment of section, see  301(l) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see  505(t) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.10. Mistreatment, neglect or abuse prohibited; use of restraints; seclusion; time-out procedures. (a) Mistreatment, neglect or abuse in any form of any person shall be prohibited. The routine use of all forms of restraint shall be eliminated. Physical or chemical restraint shall be employed only when absolutely necessary to prevent a person from seriously injuring himself or herself, or others. Restraint shall not be employed as a punishment, for the convenience of staff or as a substitute for programs. In any event, restraints may only be applied if alternative techniques have been attempted and failed (such failure to be documented in the persons record) and only if such restraints impose the least possible restriction consistent with their purposes. Each facility shall have a written policy defining: (1) The use of restraints; (2) The professionals who may authorize such use; and (3) The mechanism for monitoring and controlling such use. (b) Only professionals designated by the Director may order the use of restraints. Such orders shall be in writing and shall not be in force for over 12 hours. A person placed in restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be kept. (c) Mechanical restraints shall be designed for minimum discomfort and used so as not to cause physical injury to the person. Opportunity for motion and exercise shall be provided for a period of not less than 10 minutes during each 2 hours in which restraint is employed. (d) Seclusion, defined as a placement of a person alone in a locked room, shall not be employed. Legitimate time-out procedures may be utilized under close and direct professional supervision as a technique in behavior-shaping programs. Each facility shall have a written policy regarding time-out procedures. (e) Alleged instances of mistreatment, neglect or abuse of any person shall be reported immediately to the Director and the Director shall inform the persons counsel, parent or guardian who petitioned for the commitment, and the persons advocate for a person with an intellectual disability of any such instances. There shall be a written report that the allegation has been thoroughly and promptly investigated (with the findings stated therein). Employees of facilities who report such instances of mistreatment, neglect, or abuse shall not be subjected to adverse action by the facility because of the report. (f) A persons counsel, parent or guardian who petitioned for commitment and a persons intellectual disability advocate shall be notified in writing whenever restraints are used and whenever an instance of mistreatment, neglect or abuse occurs.  (Mar. 3, 1979, D.C. Law 2-137,  510, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(u), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(oo), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(39), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1970. 1973 Ed.,  6-1690. Section References This section is referenced in  7-1305.12. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; and substituted advocate for a person with an intellectual disability for mental retardation advocate in (e) and (f). Emergency Legislation For temporary amendment of section, see  402(h) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(u) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  505(u) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.11. Performance of labor. (a) No person shall be compelled to perform labor which involves the operation, support, or maintenance of the facility or for which the facility is under contract with an outside organization. Privileges or release from the facility shall not be conditional upon the performance of such labor. The Mayor shall promulgate rules and regulations governing compensation of persons who volunteer to perform such labor, which rules and regulations shall be consistent with United States Department of Labor regulations governing employment of patient workers in hospitals and institutions at subminimum wages. (b) A person may be required to perform habilitative tasks which do not involve the operation, support or maintenance of the facility if those tasks are an integrated part of the persons habilitation plan and supervised by a qualified intellectual disability professional designated by the Director. (c) A person may be required to perform tasks of a housekeeping nature for his or her own person only.  (Mar. 3, 1979, D.C. Law 2-137,  511, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(v), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169,  17(pp), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(40), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1971. 1973 Ed.,  6-1691. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; and substituted qualified developmental disability professional for qualified mental retardation professional in (b). Emergency Legislation For temporary amendment of section, see  402(i) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(v) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  505(v) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.12. Maintenance of records; information considered privileged and confidential; access; contents. (a) Complete records for each person shall be maintained and shall be readily available to professional persons and to the staff workers who are directly involved with the particular person and to the Department on Disability Services without divulging the identity of the person. All information contained in a persons records shall be considered privileged and confidential. The persons parent or guardian who petitioned for the commitment, the persons counsel, the persons advocate for a person with an intellectual disability and any person properly authorized in writing by the person, if such person is capable of giving such authorization, shall be permitted access to the persons records. These records shall include: (1) Identification data, including the persons legal status; (2) The persons history, including but not limited to: (A) Family data, educational background and employment record; (B) Prior medical history, both physical and mental, including prior institutionalization; (3) The persons grievances, if any; (4) An inventory of the persons life skills; (5) A record of each physical examination which describes the results of the examination; (6) A copy of the individual habilitation plan; and any modifications thereto and an appropriate summary which will guide and assist the professional and staff employees in implementing the persons program; (7) The findings made in periodic reviews of the habilitation plan which findings shall include an analysis of the successes and failures of the habilitation program and shall direct whatever modifications are necessary; (8) A medication history and status; (9) A summary of each significant contact by a professional person with a person; (10) A summary of the persons response to his or her program, prepared and recorded at least monthly, by the professional person designated pursuant to  7-1305.04(c) to supervise the persons habilitation; (11) A monthly summary of the extent and nature of the persons work activities and the effect of such activity upon the persons progress along the habilitation plan; (12) A signed order by a professional person, as set forth in  7-1305.10(b), for any physical restraints; (13) A description of any extraordinary incident or accident in the facility involving the person, to be entered by a staff member noting personal knowledge of the incident or accident or other source of information, including any reports of investigations of persons mistreatment; (14) A summary of family visits and contacts; (15) A summary of attendance and leaves from the facility; and (16) A record of any seizures, illnesses, treatments thereof, and immunizations. (b) Notwithstanding subsection (a) of this section, information contained in a persons record may be used or disclosed for the purposes of and in accordance with Chapter 2B of this title [ 7-241 et seq.].  (Mar. 3, 1979, D.C. Law 2-137,  512, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(w), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264,  301(m), 54 DCR 818; Dec. 4, 2010, D.C. Law 18-273,  205, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-169,  17(qq), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(41), 65 DCR 2823.)  Prior Codifications 1981 Ed.,  6-1972. 1973 Ed.,  6-1692. Section References This section is referenced in  4-1371.06 and  16-1054. Effect of Amendments D.C. Law 16-264, in the lead-in text, substituted Department on Disability Services for Department of Human Services. D.C. Law 18-273 designated the existing text as subsec. (a); and added subsec. (b). The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants throughout the section; and substituted advocate for a person with an intellectual disability for mental retardation advocate in the third sentence of the introductory language of (a). Emergency Legislation For temporary amendment of section, see  402(j) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(w) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see  2 of Disclosure of the Mental Retardation and Developmental Disabilities Fatality Review Committee and Mental Retardation and Developmental Disabilities Incident Management and Investigations Unit Information and Records Emergency Amendment Act of 2006 (D.C. Act 16-363, April 26, 2006, 53 DCR 3628). For temporary (90 day) amendment of section, see  301(m) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 day) amendment of section, see  205 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  205 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Temporary Legislation For temporary (225 day) amendment of section, see  505(w) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  2 of Disclosure of Mental Retardation and Developmental Disabilities Fatality Review Committee and Mental Retardation and Developmental Disabilities Incident Management and Investigations Unit Information and Records Temporary Amendment Act of 2006 (D.C. Law 16-143, July 25, 2006, law notification 53 DCR 6686). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.13. Initiation of action to compel rights; civil remedy; sovereign immunity barred; defense to action; payment of expenses. (a) Any interested party shall have the right to initiate an action in the Court to compel the rights afforded persons with intellectual or developmental disabilities under this chapter. (b) Any person shall have the right to a civil remedy in an amount not less than $25 per day from the Director or the District of Columbia, separately or jointly, for each day in which said person at a facility is not provided a program adequate for habilitation and normalization pursuant to the person's individual habilitation plan, unless the District is unable to pay the cost of recommended services because available funds appropriated for the purposes of this chapter are insufficient to pay the costs. (c) Sovereign immunity shall not bar an action under this section. (d) The good faith belief that an habilitation program was professionally indicated shall be a defense to an action under subsection (b) of this section, despite the programs apparent ineffectiveness. In such circumstances, the habilitation program shall be modified to one appropriate for the person within 5 days of a Courts decision that the program is inappropriate. (e) Reasonable attorneys fees and Court costs shall be available for actions brought under this section.  (Mar. 3, 1979, D.C. Law 2-137,  513, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(x), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305,  26(p), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(rr), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(42), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  3(b)(3), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1973. 1973 Ed.,  6-1693. Effect of Amendments D.C. Law 16-305, in subsec. (a), substituted persons with mental retardation for mentally retarded persons. The 2012 amendment by D.C. Law 19-169 substituted individual for customer or variants wherever it appears in (b) and (d); and substituted intellectual disabilities for mental retardation in (a). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(b)(3) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(b)(3) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary amendment of section, see  4(h) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(h) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  402(k) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(x) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, Temporary Legislation For temporary (225 day) amendment of section, see  505(x) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see  4(h) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.14. Deprivation of civil rights; public or private employment; retention of rights; liability; immunity; exceptions. (a) No person shall be deprived of any civil right, or public or private employment, solely by reason of his or her having received services, voluntarily or involuntarily, for an intellectual or developmental disability. (b) Any person who has been admitted or committed to a facility under the provisions of this chapter retains all rights not specifically denied him or her under this chapter, including rights of habeas corpus. (c) Any person who violates or abuses any rights or privileges protected by this chapter shall be liable for damages as determined by law, for Court costs and for reasonable attorneys fees. Any person who acts in good faith compliance with the provisions of this chapter shall be immune from civil or criminal liability for actions in connection with evaluation, admission, commitment, habilitative programming, education or discharge of a resident. However, this section shall not relieve any person from liability for acts of negligence, misfeasance, nonfeasance, or malfeasance.  (Mar. 3, 1979, D.C. Law 2-137,  514, 25 DCR 5094; Sept. 26, 2012, D.C. Law 19-169,  17(ss), 59 DCR 5567; May 18, 2022, D.C. Law 24-117,  3(b)(4), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1974. 1973 Ed.,  6-1694. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation in (a). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(b)(4) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(b)(4) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71305.15. Coordination of services for dually diagnosed individuals. If a person is committed by the Court to DDS pursuant to this chapter or committed by the Court to the Department of Mental Health pursuant to subchapter IV of Chapter 5 of Title 21, or if a person is temporarily placed with DDS pursuant to  7-1303.12a during the pendency of commitment proceedings, and DDS or the Department of Mental Health has reason to believe that the committed person or the person temporarily placed with DDS pursuant to  7-1303.12a is dually diagnosed as having both mental illness and an intellectual disability, DDS and the Department of Mental Health shall collaborate in assessing the person and shall jointly provide appropriate supports and services for the person.  (Mar. 3, 1979, D.C. Law 2-137,  515; as added Oct. 17, 2002, D.C. Law 14-199,  2(r), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264,  301(n), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  17(tt), 59 DCR 5567; May 5, 2018, D.C. Law 22-93,  201(c)(43), 65 DCR 2823.)  Effect of Amendments D.C. Law 16-264 substituted DDS for MRDDA. The 2012 amendment by D.C. Law 19-169 substituted an intellectual disability for mental retardation. Emergency Legislation For temporary (90 day) addition of  7-1305.15, see  2(p) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). For temporary (90 day) addition of  7-1305.15, see  2(r) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see  301(n) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71306.01. Increased financial responsibility. [Repealed] Repealed.  (Mar. 3, 1979, D.C. Law 2-137,  601, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(y), 42 DCR 3684.)  Prior Codifications 1981 Ed.,  6-1981. 1973 Ed.,  6-1695. Temporary Repeal of Section For temporary (225 day) repeal of section, see  4(i) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Emergency Legislation For temporary repeal of section, see  4(i) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834),  4(i) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014), and  506(y) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
 71306.02. Severability. Should any provision of this chapter be declared to be unconstitutional or beyond the statutory authority of the Council, the remaining provisions of this chapter shall remain in effect.  (Mar. 3, 1979, D.C. Law 2-137,  602, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1982. 1973 Ed.,  6-1696.
 71306.02a. Grandfather clause. Individuals currently deemed eligible and receiving services under this subchapter shall not have their eligibility altered or impacted by the Developmental Disability Eligibility Reform Amendment Act of 2022 ([, passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24-268)]D.C. Law 24-1__).  (Mar. 3, 1979, D.C. Law 2-137,  602a; as added May 18, 2022, D.C. Law 24-117,  3(c)(1), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the creation of this section by section 3(c)(1) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the creation of this section by  3(c)(1) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71306.03. Appropriations. There is hereby authorized to be appropriated such District funds as may be necessary and available to implement the provisions of this chapter, including funds for the development, and the support, of community-based services for persons with intellectual or developmental disabilities.  (Mar. 3, 1979, D.C. Law 2-137,  603, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52,  506(z), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305,  26(q), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169,  17(uu), 59 DCR 5567; May 18, 2022, D.C. Law 24-117,  3(c)(2), 69 DCR 002653.)  Prior Codifications 1981 Ed.,  6-1983. 1973 Ed.,  6-1697. Effect of Amendments D.C. Law 16-305 substituted persons with mental retardation for mentally retarded persons. The 2012 amendment by D.C. Law 19-169 substituted intellectual disabilities for mental retardation at the end. Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(c)(2) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  3(c)(2) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary amendment of section, see  4(j) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and  4(j) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see  506(z) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) amendment of section, see  4(j) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 71306.03a. Rules for implementation. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Mar. 3, 1979, D.C. Law 2-137,  603a; as added Sept. 26, 1995, D.C. Law 11-52,  506(aa), 42 DCR 3684.)  Prior Codifications 1981 Ed.,  6-1983.1. Emergency Legislation For temporary addition of section, see  4(k) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834),  4(k) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014), and  506(aa) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Temporary Legislation For temporary (225 day) addition, see  4(k) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Delegation of Authority Delegation of authority pursuant to title V of D.C. Law 11-52, the Omnibus Budget Support Act of 1995, see Mayors Order 97-53, March 19, 1997 ( 44 DCR 2162). Delegation of Authority under D.C. Law 2-137, Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, see Mayors Order 2004-49, March 30, 2004 ( 51 DCR 4133).
 71306.04. Authority of Board of Education unchanged. Nothing herein shall be construed to extend or diminish the authority or responsibility of the D.C. Board of Education vested pursuant to Title 38 of the District of Columbia Official Code and applicable federal laws and regulations.  (Mar. 3, 1979, D.C. Law 2-137,  605, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1984. 1973 Ed.,  6-1698.
 71306.05. Effective date. This chapter shall take effect pursuant to the provisions of  1-206.02(c)(1). With respect to persons who are residents in facilities on the effective date of this chapter, the provisions of the chapter will take effect immediately, with the exception of the admission and commitment hearing procedures established in subchapters III and IV of this chapter. The Court shall begin hearings under subchapters III and IV of this chapter to review the commitment of such persons, and shall appoint appropriate officers to review the admission of such persons, as soon as possible, but not later than 180 days after the effective date of this chapter. All Court hearings to review the admission or commitment of persons residing in facilities on the effective date of this chapter shall be completed within 3 years of the effective date of this chapter.  (Mar. 3, 1979, D.C. Law 2-137,  606, 25 DCR 5094.)  Prior Codifications 1981 Ed.,  6-1985. 1973 Ed.  6-1699.
 71401. Health Care Safety Net Administration establishment. (a) There is established within the Department of Health Care Finance a Health Care Safety Net Administration to administer and monitor compliance with any contract that the Mayor makes, pursuant to  7-1405, or that the District of Columbia Financial Responsibility Management Assistance Authority makes, with a health care entity to provide any of the health care functions provided by the Public Benefit Corporation pursuant to Chapter 11 of Title 44 and to perform such other functions as are set forth herein. (b) The Health Care Safety Net Administration shall be responsible for all transition activities that result from contracting out the functions of the Public Benefit Corporation and that remain to be completed after abolition of the Public Benefit Corporation pursuant to  9 of the Health Care Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 14-18; 48 DCR 4047), including the following: (1) Termination and winding down of existing contracts of the Public Benefit Corporation; (2) Completion of administrative proceedings and court litigation previously handled by the Office of the General Counsel of the Public Benefit Corporation or by private counsel retained by the Public Benefit Corporation; (3) Coordination of court litigation involving the Public Benefit Corporation that is being handled by the Office of the Corporation Counsel; (4) Arrangement of outstanding claims against the Public Benefit Corporation; and (5) Arrangement for payment of lawful obligations of the Public Benefit Corporation that are assumed by the District of Columbia pursuant to  7-1403. (c) The Health Care Safety Net Administration shall exercise oversight of the services contracted by the Mayor pursuant to  7-1405, or by the District of Columbia Financial Responsibility and Management Assistance Authority, to ensure that the health of the population is maintained and that the financial viability of the health care entity providing services exempted pursuant to section 8 of the Health Care Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 14-18; 48 DCR 4047), is addressed.  (July 12, 2001, D.C. Law 14-18,  3, 48 DCR 4047; Sept. 24, 2010, D.C. Law 18-223,  5072(a), 57 DCR 6242.)  Section References This section is referenced in  44-407. Effect of Amendments D.C. Law 18-223, in subsec. (a), substituted Department of Health Care Finance for Department of Health. Emergency Legislation For temporary (90 day) medical homes grant making provisions, see  5802 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) medical homes grant making provisions, see  5802 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). For temporary (90 day) enactment, see  5002 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) enactment, see  5002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) enactment, see  5002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see  5072(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). Short Title Short title of subtitle H of title V of Law 15-205: Section 5801 of D.C. Law 15-205 provided that subtitle H of title V of the act may be cited as the Medical Homes Grant Making Act of 2004. Short title: Section 5001 of D.C. Law 16-192 provided that subtitle A of title V of the act may be cited as the Medical Homes Grant-Making Act of 2006. Short title: Section 5071 of D.C. Law 18-223 provided that subtitle H of title V of the act may be cited as the Department of Health Care Finance Conforming Amendment Act of 2010. Editor's Notes Section 5802 of D.C. Law 15-205 provided: In addition to any contract for services authorized by the Health Care Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 14-18; D.C. Official Code  7-1401) (Act), subject to any necessary appropriation, the legal availability of funding, and to matching revenues (cash or in-kind) equivalent to at least 50% of each fiscal years grant from the District of Columbia, the Office of the City Administrator may award, through a grant to the District of Columbia Primary Care Association, if the grant meets the criteria for a sole source award, from capital funds available to the Department of Health outside of the funding for any contract authorized by the Act, an amount not to exceed $1 million during fiscal year 2005, an amount not to exceed $7 million during fiscal year 2006, and an amount not to exceed $7 million during fiscal year 2007, to support and stimulate the Medical Homes DC. Grant-making authority: Section 5002 of D.C. Law 16-192 provided: (a) In addition to any contract for services authorized by the Health Care Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 14-18; D.C. Official Code  7-1401 et seq.) (Act), subject to any necessary appropriation and the legal availability of funding, the Office of the City Administrator shall award, through a grant to the District of Columbia Primary Care Association: (1) If the grant meets the criteria for a sole source award, from capital funds available to the Department of Health outside of the funding for any contract authorized by the Act, an amount not to exceed $8.2 million during fiscal year 2007, which amount is in addition to the $7 million authorized by the Medical Homes Grant-Making Act of 2004, effective August 2, 2004 (D.C. Law 15-205; D.C. Official Code  7-1401, note), and $2.8 million fiscal year 2009 to support Medical Homes DC provided that: (A) Of the fiscal year 2007 funding, $6 million shall be directed to the Northwest One Community Health Center project, as part of the Mayors New Communities Initiative; which funds shall be managed according to the general rules of Medical Homes DC, as described in the Medical Homes Grant Agreement between the District and the DC Primary Care Association; provided, that any portion of the $6 million not used for the Northwest One Health Center shall be used for any other Medical Homes capital project. (B) Of the remainder of the grant, $2.2 million in fiscal year 2007 and $2.8 in fiscal year 2009, shall be used to develop an electronic health record system for community health centers to promote higher quality of care, improved coordination of services among providers, and more accurate reporting of health statistics to the Department of Health; provided, that of the $2.2 million allocated for fiscal year 2007, $200,000 shall be used to support information technology needs for District of Columbia public and charter school nurse suites. (2) From operating funds available to the Department of Health not including funding for any contract authorized by the Act, an amount not to exceed $1.9 million during fiscal year 2007 to support and stimulate the Medical Homes DCs public purpose of health improvement by ensuring that all residents of the District of Columbia, especially low-income residents and indigent residents, have a medical home where a primary care provider knows each patients health history, where each patient can be seen regardless of ability to pay, and where each patient can routinely seek non-emergency medical care in the community where the patient resides. (b) The grant amounts and grant authority provided for in this act are in addition to any grant amounts and authority provided by the Medical Homes Grant-Making Act of 2004 effective August 2, 2004 (D.C. Law 15-205; D.C. Official Code  7-1401, note). Delegation of Authority Delegation of Authority pursuant to D.C. Law 15-205, the Fiscal Year 2005 the Budget Support Act of 2004, the Fiscal Year 2006 the Budget Support Act of 2005, and D.C. Law 16-192, the Fiscal Year 2007 the Budget Support Act of 2006, see Mayors Order 2007-143, June 20, 2007 ( 54 DCR 9598).
 71402. Transfers. (a) The functions, real and personal property, personnel, unexpended balances of appropriations, and records of the Public Benefit Corporation shall be transferred to the Department of Health. (b) Any monies remaining in the Health and Hospitals Public Benefit Corporation Fund after July 12, 2001, shall revert to the General Fund to the credit of the Department of Health. (c) The Department of Health shall recognize collective bargaining representatives that have been duly certified by the District of Columbia Public Employees Relations Board and shall assume and be bound by all existing collective bargaining agreements entered into by the Public Benefit Corporation. (d) Every employee of the Public Benefit Corporation shall be transferred to the Department of Health. All employees so transferred shall be under the direction and control of the Director of the Department of Health or that directors designee or designees. Transferred employees shall retain the same rights and privileges that they had as employees of the Public Benefit Corporation before July 12, 2001, and shall not obtain any additional rights or privileges as a result of the transfer. They shall have all the duties and responsibilities that they had as employees of the Public Benefit Corporation in addition to whatever duties and responsibilities they acquire as employees of the Department of Health. Transferred employees shall constitute a separate competitive area within the Department of Health for purposes of reductions in force only pursuant to  1-624.08, and Chapter 24 of the District of Columbia Personnel Manual. Lesser competitive areas may be established by the personnel authority for these employees. The Mayor shall be the personnel authority for all employees of the Public Benefit Corporation who are transferred to the Department of Health, except that the personnel authority for accounting, budget, and financial management personnel who are transferred shall continue to be the Chief Financial Officer of the District of Columbia.  (July 12, 2001, D.C. Law 14-18,  4, 48 DCR 4047.) 
 71403. Liabilities of the Public Benefit Corporation. All liabilities of the Public Benefit Corporation shall be assumed by the District of Columbia.  (July 12, 2001, D.C. Law 14-18,  5, 48 DCR 4047.)  Section References This section is referenced in  7-1401.
 71404. Health Care Safety Net Fund and Appropriations. [Repealed] Repealed.  (July 12, 2001, D.C. Law 14-18,  6, 48 DCR 4047; Sept. 24, 2010, D.C. Law 18-223,  5072(b), 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21,  9080, 58 DCR 6226.)  Emergency Legislation For temporary (90 day) amendment of section, see  5072(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
 71405. Authorization to contract for comprehensive health care services. (a) The Mayor is authorized to provide by contract or by other means comprehensive community-centered health care and medical services for residents of the District of Columbia. (b) A contract entered into by the Mayor pursuant to subsection (a) of this section shall be exempt from the requirements of Unit A [repealed] of Chapter 3 of Title 2, except that the contract shall be subject to  2-301.05a [repealed]. (c)(1) Notwithstanding any other provision of the Districts health insurance laws and subject to paragraph (2) of this subsection, a health maintenance organization that has a contractual obligation to provide health care services to persons enrolled in the D.C. HealthCare Alliance (Alliance) shall be required to provide to persons enrolled in the Alliance only those health benefits specified in its contract with the District of Columbia. (2) A contract between the District and a health maintenance organization or a managed care organization that provides health-care services to persons enrolled in the DC HealthCare Alliance shall include coverage for all services, including hospital-based services, being provided to DC HealthCare Alliance enrollees as of January 1, 2013; provided, that the Department of Health Care Finance shall have the authority to exclude coverage for those hospital-based emergency services that are eligible for Medicaid reimbursement under section 401(b)(1)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 21, 1996 (110 Stat. 502; 8 U.S.C.  1611(b)(1)(A)), 42 U.S.C.  1396b(v)(3), and 42 C.F.R.  440.255(c). (d) A health maintenance organization or health insurer under contract to the District to deliver services to persons enrolled in the Alliance is not required to reimburse non-participating hospitals for services provided to Alliance enrollees. (e) A health maintenance organization or health insurer under contract to the District to deliver services to persons enrolled in the Alliance (Contractor), which shall include safety net clinics, shall have the option of paying the safety net clinics on a fee-for-service basis or a capitated basis. If the Contractor elects to pay on a fee-for-service basis, the Contractor shall pay the safety net clinics no less that $95 per visit. If the Contractor elects to pay the safety net clinics on a capitated basis, the Contractor shall pay the safety net clinics on the same terms and condition as other clinics.  (July 12, 2001, D.C. Law 14-18,  7, 48 DCR 4047; Mar. 2, 2007, D.C. Law 16-192,  5052, 53 DCR 6899; Aug. 16, 2008, D.C. Law 17-219,  5035, 55 DCR 7598; Sept. 20, 2012, D.C. Law 19-168,  5112, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61,  5002, 60 DCR 12472.)  Section References This section is referenced in  7-1401 and  44-407. Effect of Amendments D.C. Law 16-192 added subsecs. (c) and (d). D.C. Law 17-219 added subsec. (e). The 2012 amendment by D.C. Law 19-168 added the (c)(1) designation; added and subject to paragraph (2) of this subsection in (c)(1); and added (c)(2). The 2013 amendment by D.C. Law 20-61 rewrote (c)(2). Emergency Legislation For temporary (90 day) amendment of section, see  2 of Health Care Privatization Benefit and Reimbursement Exemption Emergency Amendment Act of 2006 (D.C. Act 16-374, May 19, 2006, 53 DCR 4388). For temporary (90 day) amendment of section, see  5052 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see  5052 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see  5052 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see  5112 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section, see  5112 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) amendment of this section, see  5002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see  5002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation For temporary (225 day) amendment of section, see  2 of Health Care Privatization Benefit and Reimbursement Exemption Temporary Amendment of Act of 2006 (D.C. Law 16-155, September 19, 2006, law notification 53 DCR 7927). Short Title Short title: Section 5051 of D.C. Law 16-192 provided that subtitle E of title V of the act may be cited as the Health Care Privatization Benefit Amendment Act of 2006. Short title: Section 5034 of D.C. Law 17-219 provided that subtitle O of title V of the act may be cited as the Safety Net Clinics Fee Amendment Act of 2008. Section 5001 of D.C. Law 20-61 provided that Subtitle A of Title V of the act may be cited as the DC HealthCare Alliance Preservation Amendment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 71406. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by act within the 30-day period, the proposed rules shall be deemed disapproved.  (July 12, 2001, D.C. Law 14-18,  7a; as added Mar. 30, 2004, D.C. Law 15-109,  2, 51 DCR 1342.)  Prior Codifications 2001 Ed.,  7-1405.01. Emergency Legislation For temporary (90 day) addition, see  2 of Health Care Privatization Rulemaking Emergency Amendment Act of 2003 (D.C. Act 15-126, July 29, 2003, 50 DCR 6831). For temporary (90 day) addition, see  2 of Health Care Privatization Rulemaking Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-213, November 7, 2003, 50 DCR 10009). For temporary (90 day) addition, see  2 of Health Care Privatization Rulemaking Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-326, January 28, 2004, 51 DCR 1593). Temporary Legislation For temporary (225 day) addition, see  2 of Health Care Privatization Rulemaking Temporary Amendment Act of 2003 (D.C. Law 15-54, December 9, 2003, law notification 51 DCR 1789). Delegation of Authority Delegation of Authority pursuant to D.C. Law 14-18, the Health Care Privatization Amendment Act of 2001, see Mayors Order 2004-127, August 2, 2004 ( 51 DCR 8008). Resolutions Resolution 16-607, the Health Care Safety Net Administration Rulemaking Amendments Emergency Approval Resolution of 2006, was approved effective April 4, 2006. Resolution 18-149, the Eligibility Criteria Amendment for the HealthCare Alliance Program Approval Resolution of 2009, was approved effective June 2, 2009. Resolution 18-343, the Residency Criteria Amendment for the HealthCare Alliance Program Approval Resolution of 2009, was approved effective December 15, 2009.
 71407. DC HealthCare Alliance recertification. (a) The Mayor shall allow enrollees for the DC HealthCare Alliance ("Alliance") program to complete an application for recertification with the Department of Human Services: (1) In person; (2) Over the telephone; and (3) Through electronic means, including through a web-based portal. (b) Applicants for the Alliance program shall not be required to complete a face-to-face interview to establish eligibility for enrollment in the Alliance program or to recertify their enrollment in person. (c) Repealed. (d) Repealed. (e) Enrollees in the Alliance shall be required to recertify their enrollment on an annual basis.  (July 12, 2001, D.C. Law 14-18,  7b; as added Dec. 13, 2017, D.C. Law 22-35,  2, 64 DCR 10929; Feb. 17, 2018, D.C. Law 22-62,  3, 65 DCR 9; Sept. 11, 2019, D.C. Law 23-16,  5102, 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149,  7100, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45,  5112(a), 7174, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167,  5022, 69 DCR 009223.)  Applicability D.C. Act 24-15,  7174 repealed, for 90 days, the amendment to this section made by D.C. Law 23-16, thus temporarily restoring the language created by D.C. Law 22-35.  D.C. Act 24-156 repealed, for 90 days, the amendment to this section made by D.C. Law 23-16, thus temporarily restoring the language created by D.C. Law 22-35.  D.C. Act 24-79 repealed, for 90 days, the amendment to this section made by D.C. Law 23-16, thus temporarily restoring the language created by D.C. Law 22-35.  Section 7100 of D.C. Law 23-149 repealed D.C. Law 22-62, removing the amendment made to this section by that law and implementing the amendment to this section made by D.C. Law 23-16.  Section 7062 of D.C. Law 23-149 repealed section 3 of D.C. Law 22-35 removing the applicability provision impacting this section. Therefore, the creation of this section by section 2 of Law 22-35 has been implemented.  Section 5023 of D.C. Law 22-168 amended section 3(a) of D.C. Law 22-35 keeping in place the applicability provision. Therefore, the creation of this section by section 2 of Law 22-35 has not been implemented.  Section 5102 of D.C. Law 23-16 amended this section as added by section 2 of D.C. Law 22-35 keeping in place the applicability provision. Therefore, the creation of this section by section 2 of Law 22-35 has not been implemented.  Applicability of D.C. Law 22-62:  4 of D.C. Law 22-62 provided that the change made to this section by  3 of D.C. Law 22-62 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 22-35:  3 of D.C. Law 22-35 provided that the creation of this section by  2 of D.C. Law 22-35 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  5022 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).   For temporary (90 days) amendment of this section, see  5112(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  5102 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  5102 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 71408. Special certification and recertification procedures for certain individuals. Upon request from an applicant or enrollee who is hospitalized, disabled, elderly, or caring for a household member who is hospitalized, disabled, or elderly, the Mayor shall exempt the applicant or enrollee from any required face-to-face interview if the applicant or enrollee is unable to complete a face-to-face interview.  (July 12, 2001, D.C. Law 14-18,  7c; as added Dec. 13, 2017, D.C. Law 22-35,  2, 64 DCR 10929; Mar. 16, 2021, D.C. Law 23-251,  201(a), 68 DCR 001234.)  Applicability Applicability of D.C. Law 23-251:  401 of D.C. Law 23-251 provided that the repeal of this section by  201(a) of D.C. Law 23-251 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 5023 of D.C. Law 22-168 amended section 3(a) of D.C. Law 22-35 removing the applicability provision restricting this section. Therefore, the creation of this section by section 2 of Law 22-35 has been implemented.  Applicability of D.C. Law 22-35:  3 of D.C. Law 22-35 provided that the creation of this section by  2 of D.C. Law 22-35 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  2(a) of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539). 
 71409. Reporting requirements. (a) Beginning October 1, 2018, and on an annual basis thereafter, the Mayor shall submit a public report to the Council that shall include, for each of the last 12 months, the following information: (1) The number of DC HealthCare Alliance enrollees required to recertify; (2) The number of DC HealthCare Alliance enrollees required to recertify who successfully completed recertification; (3) The number of DC HealthCare Alliance enrollees who did not recertify; (4) The number of DC HealthCare Alliance enrollees who re-enrolled in DC HealthCare Alliance within 30 days after termination and the number of enrollees who re-enrolled within 60 days after termination; (5) The number of DC HealthCare Alliance enrollees required to recertify who completed interviews, whether face-to-face or over the telephone, disaggregated by interview type. (6) The number of recertification interviews conducted at each location where interviews are offered; (7) Repealed. (8) Repealed. (9) The number of requests made before, or during, an interview for an accommodation due to disability, disaggregated by interview type; (10) The number of requests made before, or during, an interview for service in a language other than English, disaggregated by interview type; and (11) The number of requests for waivers of face-to-face interviews that were: (A) Made; (B) Granted; and (C) Denied, and the grounds for denial. (b) Within one year after October 30, 2018, the Mayor shall submit a public report to the Council that shall include, for each of the last 12 months, the following information: (1) The average time enrollees waited in line at each location where interviews were offered in order to complete a face-to-face interview with an explanation of how the data was collected, with wait times measured both from the point the enrollee first checks in at the service center and from the point the enrollee gets in line outside the service center if there is a line to enter the service center; and (2) The average time enrollees waited on the telephone before being served in order to complete interviews over the telephone.  (July 12, 2001, D.C. Law 14-18,  7d; as added Dec. 13, 2017, D.C. Law 22-35,  2, 64 DCR 10929; Oct. 30, 2018, D.C. Law 22-168,  5022, 65 DCR 9388.)  Applicability Section 7062 of D.C. Law 23-149 repealed section 3 of D.C. Law 22-35 removing the applicability provision impacting this section. Therefore, the creation of this section by section 2 of Law 22-35 has been implemented.  Section 5023 of D.C. Law 22-168 amended section 3(a) of D.C. Law 22-35 removing the applicability provision impacting this section. Therefore, the creation of this section by section 2 of Law 22-35 has been implemented, except for subsection (b).  Applicability of D.C. Law 22-35:  3 of D.C. Law 22-35 provided that the creation of this section by  2 of D.C. Law 22-35 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  5022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  5022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 71410. DC HealthCare Alliance application and recertification process. [Repealed] Repealed.  (July 12, 2001, D.C. Law 14-18; as added Mar. 16, 2021, D.C. Law 23-251,  201(b), 68 DCR 001234; Nov. 13, 2021, D.C. Law 24-45,  5112(b), 68 DCR 010163.)  Applicability Applicability of D.C. Law 23-251:  401 of D.C. Law 23-251 provided that the creation of this section by  201(b) of D.C. Law 23-251 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  5112(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  2(b) of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539). 
 71501.01. Human body parts defined; prohibited acts. (a) For the purposes of this subchapter, the term human body parts means any portion of a living human body, including, but not limited to, organs, tissues, eyes, bones, veins, and arteries, except that the term shall not mean hair and blood. (b) It is unlawful for any person in the District of Columbia to buy, to offer to buy, to sell, to offer to sell, or to procure through purchase any human body part for any reason, including, but not limited to, medical and specific uses, such as transplantation, implantation, infusion, or injection.  (Mar. 16, 1985, D.C. Law 5-189,  2, 32 DCR 931; Apr. 15, 2008, D.C. Law 17-145,  30(c), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  6-2601. Effect of Amendments D.C. Law 17-145, in subsec. (a), substituted a living human body for a human body.
 71501.02. Penalties; prosecutions. (a) Any person violating any provision of this subchapter or any regulation made pursuant to this subchapter shall be fined not more than $5,000, or be imprisoned for not more than 6 months, or both. (b) Prosecution for violations of this subchapter and regulations made pursuant to this subchapter shall be brought in the name of the District of Columbia upon information by the Corporation Counsel.  (Mar. 16, 1985, D.C. Law 5-189,  3, 32 DCR 931.)  Prior Codifications 1981 Ed.,  6-2602.
 71501.03. Rules. The Mayor may issue rules to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2.  (Mar. 16, 1985, D.C. Law 5-189,  4, 32 DCR 931.)  Prior Codifications 1981 Ed.,  6-2603. Delegation of Authority Delegation of authority pursuant to Law 5-189, see Mayors Order 86-62, April 22, 1986.
 71531.01. Definitions. For the purposes of this subchapter and, unless specifically provided otherwise, subchapter III of this chapter [ 7-1541.01 et seq.], and  43-119 and 43-125, the term: (1) Adult means an individual who is at least 18 years of age. (2) Agent means an individual: (A) Authorized to make health-care decisions on the principals behalf by a power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principals behalf by any other record signed by the principal. (3) Anatomical gift means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation, therapy, research, or education. (4) Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift. The term decedent includes a stillborn infant and, subject to restrictions imposed by law other than this subchapter, a fetus. (5) Disinterested witness means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term disinterested witness does not include a person to which an anatomical gift could pass under  7-1531.10. An individual is not disqualified from being a disinterested witness solely because the individual is employed by a transplant hospital. (6) Document of gift means a donor card or other record used to make an anatomical gift. The term document of gift includes a statement or symbol on a drivers license, identification card, or donor registry. (7) Domestic partner shall have the same meaning as provided in  32-701(4). (8) Donor means an individual whose body or part is the subject of an anatomical gift. (9) Donor registry means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. The term donor registry includes the Registry. (10) Drivers license means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit. The term drivers license includes a learners permit. (11) Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (12) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term guardian does not include a guardian ad litem, unless the guardian ad litem is expressly authorized by a court to consent to a donation. (13) Hospice shall have the same meaning as provided in  44-501(a)(6). (14) Hospital means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (15) Identification card means a special identification card issued by the Department of Motor Vehicles pursuant to 18 DCMR  112. (16) Know means to have actual knowledge. (17) Minor means an individual who is under 18 years of age. (18) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (19) Parent means a parent whose parental rights have not been terminated. (20) Part means an organ, an eye, or tissue of a human being. The term part does not include the whole body. (21) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (22) Physician means an individual authorized to practice medicine or osteopathy under the law of any state. (23) Procurement organization means an eye bank, organ procurement organization, or tissue bank. (24) Prospective donor means an individual who is dead or whose death is imminent and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term prospective donor does not include an individual who has made a refusal. (25) Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (26) Recipient means an individual into whose body a decedents part has been or is intended to be transplanted. (27) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (28) Refusal means a record created under  7-1531.06 that expressly states an intent to bar other persons from making an anatomical gift of an individuals body or part. The term refusal does not include a revocation. (29) Registry means the organ and tissue donor registry for the District of Columbia established by  7-1531.19. (30) Revocation means the cancellation of an anatomical gift that was made previously. The term revocation does not include a refusal. (31) Sign means, with the present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (32) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (33) Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term technician includes an enucleator. (34) Tissue means a portion of the human body other than an organ or an eye. The term tissue does not include blood unless the blood is donated for the purpose of research or education. (35) Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (36) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.  (Apr. 15, 2008, D.C. Law 17-145,  2, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(a), 56 DCR 1117.)  Section References This section is referenced in  7-1541.02. Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in par. (13). Editor's Notes Uniform Law: This section is based upon  2 of the Revised Uniform Anatomical Gift Act (2006).
 71531.02. Applicability. This subchapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.  (Apr. 15, 2008, D.C. Law 17-145,  3, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  3 of the Revised Uniform Anatomical Gift Act (2006).
 71531.03. Who may make anatomical gift before donors death. Subject to  7-1531.07, an anatomical gift of a donors body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in  7-1531.04 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a drivers license because the donor is at least 16 years of age; (2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; or (4) The donors guardian.  (Apr. 15, 2008, D.C. Law 17-145,  4, 55 DCR 2532.)  Section References This section is referenced in  7-1531.04,  7-1531.05,  7-1531.07, and  7-1531.08. Editor's Notes Uniform Law: This section is based upon  4 of the Revised Uniform Anatomical Gift Act (2006).
 71531.04. Manner of making anatomical gift before donors death. (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donors drivers license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least one of whom is a disinterested witness; or (4) As provided in subsection (b) of this section. (b) A donor or other person authorized to make an anatomical gift under  7-1531.03 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Revocation, suspension, expiration, or cancellation of a drivers license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donors death whether or not the will is probated. Invalidation of the will after the donors death does not invalidate the gift.  (Apr. 15, 2008, D.C. Law 17-145,  5, 55 DCR 2532.)  Section References This section is referenced in  7-1531.03,  7-1531.06,  7-1531.07, and  7-1531.10. Editor's Notes Uniform Law: This section is based upon  5 of the Revised Uniform Anatomical Gift Act (2006).
 71531.05. Amending or revoking anatomical gift before donors death. (a) Subject to  7-1531.07, a donor or other person authorized to make an anatomical gift under  7-1531.03 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) A later-executed document of gift, including a drivers license or identification card, that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subsection (a)(1)(C) of this section shall: (1) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Subject to  7-1531.07, a donor or other person authorized to make an anatomical gift under  7-1531.03 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.  (Apr. 15, 2008, D.C. Law 17-145,  6, 55 DCR 2532.)  Section References This section is referenced in  7-1531.07. Editor's Notes Uniform Law: This section is based upon  6 of the Revised Uniform Anatomical Gift Act (2006).
 71531.06. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individuals body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign; (2) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death; or (3) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subsection (a)(1)(B) of this section shall: (1) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) An individual who has made a refusal may amend or revoke the refusal: (1) In the manner provided in subsection (a) of this section for making a refusal; (2) By subsequently making an anatomical gift pursuant to  7-1531.04 that is inconsistent with the refusal; or (3) By destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in  7-1531.07(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or part bars all other persons from making an anatomical gift of the individuals body or part.  (Apr. 15, 2008, D.C. Law 17-145,  7, 55 DCR 2532.)  Section References This section is referenced in  7-1531.01,  7-1531.08, and  7-1531.10. Editor's Notes Uniform Law: This section is based upon  7 of the Revised Uniform Anatomical Gift Act (2006).
 71531.07. Preclusive effect of anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donors body or part if the donor made an anatomical gift of the donors body or part under  7-1531.04 or an amendment to an anatomical gift of the donors body or part under  7-1531.05. (b) A donors revocation of an anatomical gift of the donors body or part under  7-1531.05 is not a refusal and does not bar another person specified in  7-1531.03 or  7-1531.08 from making an anatomical gift of the donors body or part under  7-1531.04 or  7-1531.09. (c) If a person other than the donor makes an unrevoked anatomical gift of the donors body or part under  7-1531.04 or an amendment to an anatomical gift of the donors body or part under  7-1531.05, another person may not make, amend, or revoke the gift of the donors body or part under  7-1531.09. (d) A revocation of an anatomical gift of a donors body or part under  7-1531.05 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under  7-1531.04 or  7-1531.09. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under  7-1531.03, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under  7-1531.03, an anatomical gift of a part for one or more of the purposes set forth in  7-1531.03 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under  7-1531.04 or  7-1531.09. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal.  (Apr. 15, 2008, D.C. Law 17-145,  8, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(b), 56 DCR 1117.)  Section References This section is referenced in  7-1531.03,  7-1531.05,  7-1531.06, and  7-1531.08. Effect of Amendments D.C. Law 17-353 validated previously made technical corrections in subsecs. (b), (d), and (f). Editor's Notes Uniform Law: This section is based upon  8 of the Revised Uniform Anatomical Gift Act (2006).
 71531.08. Who may make anatomical gift of decedents body or part. (a) Subject to subsections (b) and (c) of this section and unless barred by  7-1531.06 or  7-1531.07, an anatomical gift of a decedents body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent at the time of death who could have made an anatomical gift under  7-1531.03(2) immediately before the decedents death; (2) The spouse or domestic partner of the decedent; (3) Adult children of the decedent; (4)(A) Parents of the decedent; or (B) If, at the time of death, there was a guardian of the decedent under a guardianship order under  16-2389, the guardian, unless the order specifies otherwise; (5) Adult siblings of the decedent; (6) Adult grandchildren of the decedent; (7) Grandparents of the decedent; (8) An adult who exhibited special care and concern for the decedent; (9) The persons who were acting as the guardians of the person of the decedent at the time of death; and (10) Any other person having the authority to dispose of the decedents body. (b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under  7-1531.10 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.  (Apr. 15, 2008, D.C. Law 17-145,  9, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(c), 56 DCR 1117.)  Section References This section is referenced in  7-1531.07,  7-1531.09,  7-1531.13,  7-1531.17,  7-1531.20,  7-1531.24, and  7-1531.25. Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in subsec. (a). Editor's Notes Uniform Law: This section is based upon  9 of the Revised Uniform Anatomical Gift Act (2006).
 71531.09. Manner of making, amending, or revoking anatomical gift of decedents body or part. (a) A person authorized to make an anatomical gift under  7-1531.08 may make an anatomical gift by a document of gift signed by the person making the gift or by that persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c) of this section, an anatomical gift by a person authorized under  7-1531.08 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under  7-1531.08 may be: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if: (A) A majority of the reasonably available members agree to the revoking of the gift; or (B) The members of the class described in  7-1531.08(a)(4) are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.  (Apr. 15, 2008, D.C. Law 17-145,  10, 55 DCR 2532.)  Section References This section is referenced in  7-1531.07 and  7-1531.10. Editor's Notes Uniform Law: This section is based upon  10 of the Revised Uniform Anatomical Gift Act (2006).
 71531.10. Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person authorized by the Mayor, for research or education; (2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or (3) An eye bank or tissue bank. (b) If an anatomical gift to an individual under subsection (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purposes of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section. (g) For purposes of subsections (b), (e), and (f) of this section, the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank. (2) If the part is tissue, the gift passes to the appropriate tissue bank. (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2) of this section, passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under  7-1531.04 or  7-1531.09 or if the person knows that the decedent made a refusal under  7-1531.06 that was not revoked. For the purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in subsection (a)(2) of this section, nothing in this subchapter affects the allocation of organs for transplantation or therapy.  (Apr. 15, 2008, D.C. Law 17-145,  11, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(d), 56 DCR 1117.)  Section References This section is referenced in  7-1531.01,  7-1531.08,  7-1531.12, and  7-1531.13. Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in subsec. (j). Editor's Notes Uniform Law: This section is based upon  11 of the Revised Uniform Anatomical Gift Act (2006).
 71531.11. Search and notification. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or whose death is imminent for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individuals arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section, but may be subject to administrative sanctions.  (Apr. 15, 2008, D.C. Law 17-145,  12, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  12 of the Revised Uniform Anatomical Gift Act (2006).
 71531.12. Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donors lifetime to be effective. (b) Upon or after an individuals death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under  7-1531.10.  (Apr. 15, 2008, D.C. Law 17-145,  13, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  13 of the Revised Uniform Anatomical Gift Act (2006).
 71531.13. Rights and duties of procurement organization and others. (a) When a hospital or hospice refers an individual who is dead or whose death is imminent to a procurement organization, the organization shall make a reasonable search of the records of the Department of Motor Vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) A procurement organization shall be allowed reasonable access to information in the records of the Department of Motor Vehicles to ascertain whether an individual who is dead or whose death is imminent is a donor. (c) When a hospital or hospice refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this subchapter, at any time after a donors death, the person to which a part passes under  7-1531.10 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this subchapter, an examination under subsection (c) or (d) of this section may include an examination of all medical and dental records of the donor or prospective donor. (f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. (g) Upon referral by a hospital or hospice under subsection (a) of this section, a procurement organization shall make a reasonable search for any person listed in  7-1531.08 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to  7-1531.10(i) and  7-1531.22, the rights of the person to which a part passes under  7-1531.10 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this subchapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under  7-1531.10, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedents death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.  (Apr. 15, 2008, D.C. Law 17-145,  14, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  14 of the Revised Uniform Anatomical Gift Act (2006).
 71531.14. Coordination of procurement and use. Each hospital in the District of Columbia shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.  (Apr. 15, 2008, D.C. Law 17-145,  15, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  15 of the Revised Uniform Anatomical Gift Act (2006).
 71531.15. Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b) of this section, a person that, for valuable consideration, knowingly purchases or sells a part for transplantation, therapy, research, education, or any other purpose, if removal of a part from an individual is intended to occur after the individuals death, commits a felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding 5 years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.  (Apr. 15, 2008, D.C. Law 17-145,  16, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  16 of the Revised Uniform Anatomical Gift Act (2006).
 71531.16. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding 5 years, or both.  (Apr. 15, 2008, D.C. Law 17-145,  17, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  17 of the Revised Uniform Anatomical Gift Act (2006).
 71531.17. Immunity. (a) A person that acts in accordance with this subchapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this subchapter, a person may rely upon representations of an individual listed in  7-1531.08(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue.  (Apr. 15, 2008, D.C. Law 17-145,  18, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  18 of the Revised Uniform Anatomical Gift Act (2006).
 71531.18. Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (1) This subchapter; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this section, the law of the District of Columbia governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.  (Apr. 15, 2008, D.C. Law 17-145,  19, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  19 of the Revised Uniform Anatomical Gift Act (2006).
 71531.19. Establishment of the donor registry. There is established a donor registry for residents of the District of Columbia, which shall be maintained by the federally designated organ procurement organization serving the District of Columbia.  (Apr. 15, 2008, D.C. Law 17-145,  20, 55 DCR 2532.)  Section References This section is referenced in  7-1531.01 and  7-1531.19f. Editor's Notes Uniform Law: This section is based upon  20 of the Revised Uniform Anatomical Gift Act (2006).
 71531.19a. Access to Registry information. Unless otherwise authorized by District of Columbia or federal law, information in the Registry shall be accessible only to: (1) The organ procurement organization serving the District of Columbia; and (2) An agency licensed in or authorized by the laws of another state, when a District resident is a donor of an anatomical gift and is not located in the District of Columbia at the time of donors death or immediately before the time of death.  (Apr. 15, 2008, D.C. Law 17-145,  20a, 55 DCR 2532.) 
 71531.19b. Sources of Registry information; confidentiality. (a) The organ procurement organization: (1) May acquire and use donor information from all available sources; and (2) Shall acquire and use donor information from the Department of Motor Vehicles submitted in accordance with  7-1531.19c and with any regulations promulgated pursuant to  7-1531.19f. (b) Personally identifiable information on the Registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine whether the donor or prospective donor has made, amended, or revoked an anatomical gift.  (Apr. 15, 2008, D.C. Law 17-145,  20b, 55 DCR 2532.) 
 71531.19c. Department of Motor Vehicles transfer of Registry information requirements. (a) The Department of Motor Vehicles shall transfer to the designated organ procurement organization the name, gender, date of birth, and most recent address of any person who obtains a drivers license or identification card and who has made or revoked an anatomical gift. (b)(1) The initial transfer of donor information shall be transferred to the organ procurement organization by the Department of Motor Vehicles within 30 days of receipt of a written request from the organ procurement organization. (2) All subsequent transfers of donor information, new and revisions to previously submitted information, shall be submitted monthly, or as otherwise determined by the Mayor, at no charge to the organ procurement organization.  (Apr. 15, 2008, D.C. Law 17-145,  20c, 55 DCR 2532.)  Section References This section is referenced in  7-1531.19b.
 71531.19d. Effect of amendment or revocation of anatomical gift upon Registry. (a) If a donor amends an anatomical gift, or revokes one or more, but not all, anatomical gifts, the Registry shall be promptly revised to reflect the gift or gifts as amended. (b) If a donor revokes all anatomical gifts, the name of the former donor shall be promptly removed from the Registry.  (Apr. 15, 2008, D.C. Law 17-145,  20d, 55 DCR 2532.) 
 71531.19e. Donor status not dependent on being listed in Registry. A person shall not be required to be listed in the Registry to be a donor.  (Apr. 15, 2008, D.C. Law 17-145,  20e, 55 DCR 2532.) 
 71531.19f. Rulemaking for Registry. The Mayor may issue rules necessary to implement the provisions of  7-1531.19 through 7-1531.19e.  (Apr. 15, 2008, D.C. Law 17-145,  20f, 55 DCR 2532.)  Section References This section is referenced in  7-1531.19b.
 71531.20. Effect of anatomical gift on advance health-care directive. (a) For the purposes of this section, the term: (1) Advance health-care directive means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donors direction concerning a health-care decision for the prospective donor. (2) Declaration means a record signed by a prospective donor specifying the circumstances under which a life-support system may be withheld or withdrawn from the prospective donor. (3) Health-care decision means any decision regarding the health care of the prospective donor. (b)(1) If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donors attending physician and prospective donor shall confer to resolve the conflict. (2) If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donors declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this subchapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. (3) The conflict shall be resolved as expeditiously as possible. (4) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under  7-1531.08. (5) Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.  (Apr. 15, 2008, D.C. Law 17-145,  21, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  21 of the Revised Uniform Anatomical Gift Act (2006).
 71531.21. Cooperation between the Chief Medical Examiner and procurement organizations. (a) The Chief Medical Examiner and Office of the Chief Medical Examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. The Office of the Chief Medical Examiner and procurement organizations shall in good faith develop and agree upon protocols in a memorandum of understanding to achieve this objective and shall evaluate the effectiveness of the memorandum of understanding at regular intervals, but no less frequently than every 2 years. (b) If the Chief Medical Examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the Chief Medical Examiner and a post-mortem examination is going to be performed, unless the Chief Medical Examiner denies recovery of a specific part or parts in accordance with  7-1531.22, the Chief Medical Examiner, or designee, shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. (c)(1) A part may not be removed from the body of a decedent under the jurisdiction of the Chief Medical Examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift and the Chief Medical Examiner has been notified before the part is removed from the decedent and has approved the removal. (2) Except as provided in subsection (d) of this section, the body of a decedent under the jurisdiction of the Chief Medical Examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. (3) Nothing in this subsection shall be construed as precluding the Chief Medical Examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the Chief Medical Examiner. (d) The body of a decedent under the jurisdiction of the Chief Medical Examiner may be delivered for use in an exhibition in connection with a governmental museum or institution of learning permanently located in the District of Columbia in accordance with  43-120; provided, that the Chief Medical Examiner must be notified before the body is delivered for such purposes.  (Apr. 15, 2008, D.C. Law 17-145,  22, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  22 of the Revised Uniform Anatomical Gift Act (2006).
 71531.22. Facilitation of anatomical gift from decedent whose body is under jurisdiction of Chief Medical Examiner. (a)(1) The relationship between the Office of the Chief Medical Examiner and a procurement organization shall be governed by a memorandum of understanding between the Chief Medical Examiner and the procurement organization, which shall contain protocols to resolve any conflicts between the Chief Medical Examiner and the procurement organization. (2) The time period within which a recovery must be performed to be compatible with the preservation of the part or parts for the purpose of transplantation, therapy, research, or education shall be medically determined, based on the best practices for the recovery of parts, pursuant to the pertinent protocols in the memorandum of understanding. (b)(1) Upon request of a procurement organization pursuant to an anatomical gift, the Chief Medical Examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the Chief Medical Examiner. (2) If the decedents body or part is medically suitable for transplantation, therapy, research, or education, as determined by the appropriate procurement organization, the Chief Medical Examiner shall release post-mortem examination results to the procurement organization. (3) The procurement organization and any other recipient may make a subsequent disclosure of the post-mortem examination results or other information received from the Chief Medical Examiner only if relevant to transplantation, therapy, research, or education. (c) The Chief Medical Examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the Chief Medical Examiner which the Chief Medical Examiner determines may be relevant to the investigation. (d) A person that has any information requested by the Chief Medical Examiner pursuant to subsection (c) of this section shall provide that information as expeditiously as possible to allow the Chief Medical Examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education. (e) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the Chief Medical Examiner and the Chief Medical Examiner determines that a post-mortem examination is not required, or the Chief Medical Examiner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the Chief Medical Examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (f)(1) If an anatomical gift of a part from the decedent under the jurisdiction of the Chief Medical Examiner has been or might be made, but the Chief Medical Examiner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedents cause or manner of death, the Chief Medical Examiner shall consult with the procurement organization, or a physician or technician designated by the procurement organization, and, at the discretion of the Chief Medical Examiner, with an attending physician, about the proposed recovery within a period compatible with the preservation of the part for the appropriate purpose. (2) After consultation, the Chief Medical Examiner may allow or deny the recovery of the part. (3) The Chief Medical Examiner shall allow recovery of a part if the Chief Medical Examiner determines that recovery would not interfere with the post-mortem investigation into the decedents cause or manner of death. (g)(1) Following the consultation required under subsection (f) of this section, if the Chief Medical Examiner has not been able to expeditiously determine whether to allow recovery of the part, the Chief Medical Examiner, or designee, at the request of the procurement organization, may attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. (2) During the removal procedure, the Chief Medical Examiner, or designee, may allow recovery of the part by the procurement organization to proceed, or, if the Chief Medical Examiner, or designee, reasonably believes that the part may be involved in determining the decedents cause or manner of death, deny recovery by the procurement organization. (3) If, during the removal procedure, the physician engaged by the procurement organization to recover the part discovers evidence that indicates that the cause of death may be suspicious, the physician shall immediately inform the Chief Medical Examiner of this information and shall not continue or undertake any procedures that would compromise this evidence without the approval of the Chief Medical Examiner. (h) Except as otherwise provided in the memorandum of understanding described in subsection (a) of this section or a protocol pursuant thereto, if the Chief Medical Examiner, or designee, denies recovery under subsection (g) of this section, the Chief Medical Examiner, or designee, shall: (1) Explain in a record the specific reasons for not allowing recovery of the part; (2) Include the specific reasons in the records of the Chief Medical Examiner; and (3) Provide a record with the specific reasons to the procurement organization. (i) If the Chief Medical Examiner, or designee, allows recovery of a part, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the Chief Medical Examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.  (Apr. 15, 2008, D.C. Law 17-145,  23, 55 DCR 2532.)  Section References This section is referenced in  7-1531.13 and  7-1531.21. Editor's Notes Uniform Law: This section is based upon  23 of the Revised Uniform Anatomical Gift Act (2006).
 71531.23. Uniformity of application and construction. In applying and construing this subchapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  (Apr. 15, 2008, D.C. Law 17-145,  24, 55 DCR 2532.)  Editor's Notes Uniform Law: This section is based upon  24 of the Revised Uniform Anatomical Gift Act (2006).
 71531.24. Duties of hospitals and hospices. (a) Whenever a patient of a hospital or hospice dies, is determined to be a suitable candidate for organ or tissue donation, and has not made an anatomical gift by will or document of gift, a representative of the hospital or hospice shall, in accordance with  7-1531.08, request a person authorized by that section to consent to an anatomical gift of all or part of the decedents body. (b) The request required by subsection (a) of this section shall be made only if a procurement organization has notified the hospital or hospice that a donation can be properly obtained and used in a manner consistent with accepted medical standards. (c) Upon the discovery of a properly executed document of gift or the receipt of a consent under subsection (a) of this section, a hospital or hospice shall immediately notify a procurement organization and shall cooperate in procuring the anatomical gift.  (Apr. 15, 2008, D.C. Law 17-145,  25, 55 DCR 2532.)  Section References This section is referenced in  7-1531.25,  7-1531.26, and  7-1531.27.
 71531.25. Organ preservation. (a) If a person authorized by  7-1531.08 to consent to an anatomical gift of all or part of the decedents body is not reasonably available for a representative of a hospital to make the request required by  7-1531.24, the hospital may use organ preservation equipment and techniques, including ventilators and in situ flushing and cooling equipment, to maintain the viability of the decedents organs in order to preserve the option of family members and other authorized persons to consider donation. (b) If a hospital initiates the preservation of a decedents organs pursuant to subsection (a) of this section, the hospital shall use all available means to locate a person authorized by  7-1531.08 to consent to an anatomical gift. If a person authorized by  7-1531.08 to consent to an anatomical gift cannot be located within a time period deemed reasonable by a designated medical professional, or declines to consent to an anatomical gift, the organ preservation procedure shall be discontinued. (c) A person authorized by  7-1531.08 to donate all or any part of a decedents body shall be given full disclosure of preservation techniques or preservation equipment used, if any. (d) In the absence of gross negligence or willful misconduct, any person employed or authorized by a hospital to utilize organ preservation techniques pursuant to subsection (a) of this section shall be immune from any civil or criminal liability in connection with taking the medically necessary steps to preserve a decedents organs during the search for, or consultation with, a person authorized by  7-1531.08 to consent to an anatomical gift. (e) Neither a decedent nor relative or guardian of a decedent shall pay any costs associated with organ preservation. (f) A hospital that initiates organ preservation pursuant to subsection (a) of this section shall bear all costs associated with the organ preservation upon the happening of any of the following: (1) The recipient of the preserved organ is indigent; (2) A person authorized by  7-1531.08 to consent to an anatomical gift cannot be located within a time period deemed reasonable by a designated medical professional; or (3) A person authorized by  7-1531.08 to consent to an anatomical gift does not consent to an anatomical gift of all or part of a decedents body.  (Apr. 15, 2008, D.C. Law 17-145,  26, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(e), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section heading.
 71531.26. Certificate requirement. (a) Whenever a request for consent is made pursuant to  7-1531.24, the hospital or hospice representative making the request shall complete a certificate of request for an anatomical gift on a form to be supplied by the Mayor. The certificate shall include the following: (1) A statement indicating that a request for an anatomical gift was made; (2) The name and affiliation of the person making the request; (3) An indication of whether consent was granted and, if so, what organs and tissues were donated; and (4) The name of the person granting or refusing the request, and his or her relationship to the decedent. (b) A copy of the certificate described in subsection (a) of this section shall be included in the decedents medical record.  (Apr. 15, 2008, D.C. Law 17-145,  27, 55 DCR 2532.)  Section References This section is referenced in  7-1531.27.
 71531.27. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue all rules necessary to carry out the purposes of  7-1531.24 and  7-1531.26. These rules shall include, at a minimum: (1) Standards for the training and qualification of those hospital and hospice representatives who have been designated to make consent requests pursuant to  7-1531.24; (2) Procedures to be used when making consent requests under  7-1531.24; and (3) Procedures to facilitate effective coordination among hospitals, hospices, other health-care facilities and agencies, organ and tissue banks, and procurement organizations.  (Apr. 15, 2008, D.C. Law 17-145,  28, 55 DCR 2532.) 
 71531.28. Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C.  7001 et seq.), but does not modify, limit, or supersede section 101(a) of that act (15 U.S.C.  7001 ), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C.  7003(b) ).  (Apr. 15, 2008, D.C. Law 17-145,  29, 55 DCR 2532.) 
 71509.01. Organ preservation [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.01. Definitions; short title [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.02. Persons eligible to execute gifts; nonacceptance by donee; rights of donee created by gift [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.03. Persons who may become donees; purposes for which gifts may be made [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.04. Manner of executing gifts [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.05. Delivery of documents of gift [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.06. Amendment or revocation of gift [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.07. Duties of donee; determination of time of death; immunity [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.08. Construction [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.09. Duties of hospitals and hospices [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.10. Certificate requirement [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71521.11. Rules [Repealed] Repealed.  (May 26, 1970, 84 Stat. 266, Pub. L. 91-268,  1-12; Feb. 28, 1987, D.C. Law 6-194,  2, 34 DCR 479; Sept. 29, 1992, D.C. Law 9-157,  2, 39 DCR 5686; May 24, 1996, D.C. Law 11-125,  2, 43 DCR 1548; Apr. 15, 2008, D.C. Law 17-145,  30(d), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1501 to 2-1511. 2001 Ed.,  7-1521.10a. 1973 Ed.,  2-271 to 2-277. Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Uniform Law: This subchapter was based upon  1 to 9 of the Uniform Anatomical Gift Act (1968 Act). Delegation of Authority Delegation of authority pursuant to Law 6-194, see Mayors Order 87-145, June 19, 1987. Delegation of authority pursuant to D.C. Law 9-157, the Tissue Transplantation Distribution Amendment Act of 1992, see Mayors Order 93-61, May 12, 1993.
 71551.01. Authority of licensed blood banks to transfer blood components within District. (a) Any blood bank in the District of Columbia, holding an unsuspended and unrevoked license issued under  262 of Title 42, United States Code, may transfer, for use in the District of Columbia, platelets and other components of blood in general use in the states (as determined by the Mayor of the District of Columbia), produced in such blood bank, to physicians licensed under Chapter 12 of Title 3, to District of Columbia hospitals, and to licensed private hospitals and other medical facilities in the District of Columbia. (b) Section 262 of Title 42, United States Code, shall not apply with respect to any transfer made in accordance with subsection (a) of this section.  (May 18, 1970, 84 Stat. 218, Pub. L. 91-256; May 10, 1989, D.C. Law 7-231,  9, 36 DCR 492.)  Prior Codifications 2001 Ed.,  7-1541.08. 1981 Ed.,  2-1608. 1973 Ed.,  2-261. Section References This section is referenced in  7-1541.08. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71551.31. Minor blood donations. Provided that the minor meets all the health requirements for blood donation, a minor 16 years of age may donate blood with the written consent of a parent or legal guardian and a minor 17 years of age or more may donate blood without consent of a parent or legal guardian.  (Mar. 8, 2011, D.C. Law 18-287,  2, 57 DCR 11495.) 
 71551.32. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.  (Mar. 8, 2011, D.C. Law 18-287,  3, 57 DCR 11495.) 
 71541.01. Statement of policy and purpose. Because of the rapid medical progress in the field of tissue preservation, tissue transplantation, and tissue culture, and because it is in the public interest to aid the development of this field of medicine, it is the policy and purpose of Congress in enacting this subchapter and the amendments to  43-119 and 43-125 to encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by providing for the licensing and regulation of tissue banks, and by facilitating antemortem and postmortem authorizations for donations of tissue.  (Sept. 10, 1962, 76 Stat. 534, Pub. L. 87-656,  2.)  Prior Codifications 1981 Ed.,  2-1601. 1973 Ed.,  2-251. Section References This section is referenced in  7-1531.01 and  43-125.
 71541.02. Definitions. For the purposes of this subchapter and  43-119 and 43-125, except where the context indicates a different meaning: (1) Repealed. (2) Repealed. (3) Repealed. (4) Tissue bank means a facility for the recovery, screening, testing, processing, storage, or distribution of tissue for the purposes set forth in subchapter II-A of this chapter [ 7-1531.01 et seq.], and for the purposes of reconstructive medicine and surgery, and research and teaching in reconstructive medicine and surgery; provided, that the facility is accredited by the American Association of Tissue Banks.  (Sept. 10, 1962, 76 Stat. 534, Pub. L. 87-656,  3; May 26, 1970, 84 Stat. 270, Pub. L. 91-268,  9(a); Apr. 15, 2008, D.C. Law 17-145,  30(e)(1), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(f), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  2-1602. 1973 Ed.,  2-252. Effect of Amendments D.C. Law 17-145 repealed pars. (1), (2), and (3) and rewrote par. (4), which had read as follows: D.C. Law 17-353 validated a previously made technical correction in par. (4). Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71541.03. Licenses. (a) No person shall operate any tissue bank in the District of Columbia without a valid license issued pursuant to this subchapter and  43-119 and 43-125. No such license shall be issued except to persons duly licensed or duly registered as physicians under Chapter 12 of Title 3 or to persons holding valid licenses to operate and maintain hospitals for humans pursuant to Chapter 5 of Title 44. (b) The Council of the District of Columbia is authorized, after public hearing, to adopt and promulgate rules and regulations to carry out the purposes of this subchapter and subchapter II-A of this chapter, including, without limitation, rules and regulations prescribing: (1) The terms and conditions under which a tissue bank license may be issued and renewed; (2) The fees to be paid for the issuance and renewal of such licenses; (3) The duration of such licenses; (4) The grounds for suspension and revocation of such licenses; (5) The operation of tissue banks; (6) The conditions under which tissue may be recovered, screened, tested, processed, stored, distributed, and transported; and (7) The making, keeping, and disposition of records by tissue banks or by other persons recovering, screening, testing, processing, storing, distributing, or transporting tissue. (c) The Mayor may, after notice and hearing, deny, suspend, or revoke any tissue bank license issued or applied for pursuant to this subchapter and  43-119 and 43-125. (d) Any person aggrieved by any final decision or final order of the Mayor denying, suspending, or revoking any tissue bank license or renewal thereof, issued or applied for under this subchapter and  43-119 and 43-125, may obtain a review of such decision or order in the District of Columbia Court of Appeals. (e) Except with respect to the provisions as to licensing, the provisions of this subchapter and  43-119 and 43-125, and the regulations made pursuant thereto, shall apply to federal agencies situated in the District of Columbia, and to District of Columbia agencies.  (Sept. 10, 1962, 76 Stat. 535, Pub. L. 87-656,  4; July 8, 1963, 77 Stat. 78, Pub. L. 88-60,  6; May 26, 1970, 84 Stat. 270, Pub. L. 91-268,  9(b); July 29, 1970, 84 Stat. 585, Pub. L. 91-358, title I,  164(f); May 10, 1989, D.C. Law 7-231,  8, 36 DCR 492; Apr. 15, 2008, D.C. Law 17-145,  30(e)(2), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353,  230(f), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  2-1603. 1973 Ed.,  2-253. Section References This section is referenced in  43-125. Effect of Amendments D.C. Law 17-145, in the introductory language of subsec. (b), substituted subchapter II-A of this chapter 15 for subchapter II of this chapter 15; in subsec. (b)(6), substituted recovered, screened, tested, processed, stored, distributed, and transported for processed, preserved, stored, and transported; and, in subsec. (b)(7), substituted recovering, screening, testing, processing, storing, distributing, or transporting for processing, preserving, storing, or transporting. D.C. Law 17-353 validated a previously made technical correction in subsec. (b). Cross References Embalming of dead bodies, handling of tissue, see  43-125. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(36) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71541.04. Penalties; prosecutions. (a) Any person violating any provision of this subchapter and the amendments to  43-119 and 43-125, or any regulation made pursuant to this subchapter and the amendments to  43-119 and 43-125, shall be fined not more than $300, or be imprisoned for not more than 90 days. Prosecution for violations of this subchapter and the amendments to  43-119 and 43-125 and regulations made pursuant thereto shall be brought in the name of the District of Columbia. (b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.  (Sept. 10, 1962, 76 Stat. 535, Pub. L. 87-656,  5; Oct. 5, 1985, D.C. Law 6-42,  430, 32 DCR 4450.)  Prior Codifications 1981 Ed.,  2-1604. 1973 Ed.,  2-254.
 71541.05. Authorization by the Chief Medical Examiner. [Repealed] Repealed.  (Sept. 10, 1962, 76 Stat. 536, Pub. L. 87-656,  9; May 26, 1970, 84 Stat. 270, Pub. L. 91-268,  9(d); July 29, 1970, 84 Stat. 579, Pub. L. 91-358, title I,  160(b); Mar. 5, 1981, D.C. Law 3-145,  2, 27 DCR 4663; Sept. 29, 1992, D.C. Law 9-157,  3, 39 DCR 5686; Oct. 19, 2000, D.C. Law 13-172, 2919(b), 47 DCR 6308; Apr. 15, 2008, D.C. Law 17-145,  30(e)(3), 55 DCR 2532.)  Prior Codifications 1981 Ed.,  2-1605. 1973 Ed.,  2-258. Emergency Legislation For temporary (90-day) amendment of section, see  2919(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) amendment of section, see  2919(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). Editor's Notes Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71541.05a. Authority of organ procurement organization acting on behalf of eye bank or tissue bank. An organ procurement organization may screen, test, or recover eyes or tissues on behalf of an eye bank or tissue bank.  (Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656,  9a; as added Apr. 15, 2008, D.C. Law 17-145,  30(e)(4), 55 DCR 2532.) 
 71541.06. Exemptions from subchapter. Nothing in this subchapter and  43-119 and 43-125 shall be construed: (1) To prohibit funeral directors, licensed pursuant to  3-405 and 3-406, from discharging their duties; or (2) To prohibit or affect in any way the authority, duties, rights, or obligations vested, imposed, or granted by Chapter 2 of Title 3.  (Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656,  12; Feb. 24, 1987, D.C. Law 6-192,  23, 33 DCR 7836.)  Prior Codifications 1981 Ed.,  2-1606. 1973 Ed.,  2-259.
 71541.07. Construction. Nothing in this subchapter and  43-119 and 43-125 shall be construed so as to affect the authority vested in the Mayor by Reorganization Plan No. 5 of 1952. The performance of any function vested by this subchapter and  43-119 and 43-125 in the Mayor or in any office or agency under the jurisdiction and control of said Mayor may be delegated by said Mayor in accordance with  3 of such Plan.  (Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656,  13.)  Prior Codifications 1981 Ed.,  2-1607. 1973 Ed.,  2-260. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, 711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 71541.08. Authority of licensed blood banks to transfer blood components within District. [Transferred] Recodified as  7-1551.01.  (May 18, 1970, 84 Stat. 218, Pub. L. 91-256; May 10, 1989, D.C. Law 7-231,  9, 36 DCR 492.) 
 71561.01. Establishment of the organ and tissue donor registry Repealed.  (July 25, 2006, D.C. Law 16-146,  2, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71561.02. Access to Registry information. Repealed.  (July 25, 2006, D.C. Law 16-146,  3, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71561.03. Sources of Registry information. Repealed.  (July 25, 2006, D.C. Law 16-146,  4, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71561.04. Department of Motor Vehicles transfer of information requirements. Repealed.  (July 25, 2006, D.C. Law 16-146,  5, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71561.05. Donor status not dependent on being listed in Registry. Repealed.  (July 25, 2006, D.C. Law 16-146,  6, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71561.06. Rulemaking. Repealed.  (July 25, 2006, D.C. Law 16-146,  7, 53 DCR 4407; Apr. 15, 2008, D.C. Law 17-145,  30(f), 55 DCR 2532.) 
 71601. Definitions. For the purpose of this subchapter, the term: (1) AIDS means acquired immune deficiency syndrome or any AIDS-related condition. (2) Council means the Council of the District of Columbia. (3) Director means the Director of the Department of Health, established by Reorganization Plan No. 4 of 1966, effective July 17, 1996. (3A) Domestic partnership shall have the same meaning as provided in  32-701(4). (4) Families means persons who are related by blood, legal custody, marriage, domestic partnership, having a child in common, or who share or have shared for at least 1 year a mutual residence and who maintain or have maintained an intimate relationship rendering the application of this subchapter appropriate. (5) Mayor means the Mayor of the District of Columbia.  (June 10, 1986, D.C. Law 6-121,  2, 33 DCR 2451; Sept. 12, 2008, D.C. Law 17-231,  18, 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353,  130(a), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  6-2801. Effect of Amendments D.C. Law 17-231 added par. (3A); and, in par. (4), substituted marriage, domestic partnership, for marriage,. D.C. Law 17-353, in par. (3), substituted Department of Health, established by Reorganization Plan No. 4 of 1966, effective July 17, 1996 for Department of Human Services, established by Reorganization Plan No. 2 of 1979, approved February 21, 1980.
 71602. Comprehensive AIDS Health-Care Response Plan. (a) Within 6 months of December 30, 1985, the Mayor shall develop and present to the Council for its review and comment a comprehensive AIDS Health-Care Response Plan for the District of Columbia. The plan shall include, but not be limited to, the development of short-term and long-term goals and schemes for administrative coordination by District government agencies, educational programs, prevention methods and programs, a compilation of private sector services available to AIDS patients, medical research and information gathering, outpatient and inpatient health-care services delivery, social services delivery, exploration of the feasibility of establishing a separate compensation rate for District employees working in the health-care treatment facility or facilities contemplated in  7-1603, housing, and identifying other general services needs. (b) The Mayor shall update annually the comprehensive plan mandated by subsection (a) of this section.  (June 10, 1986, D.C. Law 6-121,  3, 33 DCR 2451.)  Prior Codifications 1981 Ed.,  6-2802. Section References This section is referenced in  7-1603 and  7-1604. Editor's Notes Mayor authorized to make AIDS grants: Section 2 of D.C. Law 10-165 provided that the Mayor shall have the authority to make grants, with appropriated funding, for HIV/AIDS related services pursuant to the regulations contained in Chapter 80 of Title 22 of the District of Columbia Municipal Regulations governing the administration of public health grants by the Department of Human Services. Establishment and AppointmentsMayors Advisory Committee on HIV/AIDS, see Mayors Order 2003-31, March 12, 2003 ( 50 DCR 2386).
 71603. Residential health-care facility. (a) In preparing the comprehensive plan mandated in  7-1602, the Mayor shall investigate the need for a residential health-care facility or facilities which shall provide a program of medical, nursing, counseling, palliative, social, recreational, and supportive services to AIDS patients and their families. (b) If, following an investigation, the Mayor identifies a need for a residential health-care facility or facilities in the District of Columbia, the Mayor shall establish the facility or facilities. (c) In order to establish the facility or facilities, the Mayor may acquire, by purchase, rehabilitation, condemnation, rental, or otherwise, a building or buildings suitable for use as a residential health-care facility or facilities, including furniture, medical equipment, and other necessary accessories. (d) The Mayor may enter into contractual arrangements with any agency or organization qualified to provide the services enumerated in subsection (a) of this section.  (June 10, 1986, D.C. Law 6-121,  4, 33 DCR 2451.)  Prior Codifications 1981 Ed.,  6-2803. Section References This section is referenced in  7-1602.
 71604. AIDS Program Coordination Office. (a) The Mayor shall establish, within the Department of Health, an AIDS Program Coordination Office. (b) The AIDS Program Coordination Office shall be supervised by the AIDS Program Coordination Officer who shall, at the direction of the Director of the Department of Health, be responsible for the coordination of and serving as the point of contact for the District of Columbias comprehensive AIDS Health-Care Response Plan established by  7-1602. (c) The AIDS Program Coordination Officer shall: (1) Analyze medical data, reports, and information to determine the effectiveness with which the AIDS program is meeting the needs of the residents of the District of Columbia; (2) Coordinate and assist in the development of grant proposals to obtain funds from both the federal government and the private sector for AIDS and AIDS-related activities; (3) Develop and coordinate, with other agencies of the District government, a program of health-care services delivery and other supportive services for persons with AIDS living at home; (4) Disseminate information on AIDS to the public; (5) Assist officials from the federal government, community groups, nursing homes, hospitals, and others in the coordination of AIDS plans, programs, and services delivery for persons with AIDS living in the District of Columbia; (6) Serve as the liaison officer for the Districts AIDS program to other District government agencies and monitor their compliance with the Districts comprehensive AIDS program; (7) Conduct community outreach and education programs; and (8) Perform other duties appropriate to accomplish the objectives of this subchapter.  (June 10, 1986, D.C. Law 6-121,  5, 33 DCR 2451; Mar. 2, 2007, D.C. Law 16-191,  7, 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-353,  130(b), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  6-2804. Effect of Amendments D.C. Law 16-191 substituted Health for Human Services. D.C. Law 17-353 validated a previously made technical correction in subsec. (a).
 71605. Confidentiality of medical records and information. The Director shall use the records incident to a case of HIV infection or AIDS reported under this subchapter for statistical and public-health purposes only. Identifying information contained in these records, as well as all identifying information obtained, collected, or created by the Department of Health ("Department") shall be disclosed by the Director only when essential to safeguard the physical health of others. No person shall otherwise disclose such identifying information unless the person about whom the information pertains gives his or her prior written permission. All identifying information obtained, collected, or created by the Department under this subchapter shall not be discoverable or admissible as evidence in a civil or criminal action unless the person about whom the information pertains gives his or her prior written permission.  (June 10, 1986, D.C. Law 6-121,  6, 33 DCR 2451; Dec. 4, 2010, D.C. Law 18-273,  206, 57 DCR 7171; Sept. 21, 2022, D.C. Law 24-170,  2, 69 DCR 009207.)  Prior Codifications 1981 Ed.,  6-2805. Effect of Amendments D.C. Law 18-273 rewrote the section, which had read as follows: The provisions of the Preventive Health Services Amendments Act of 1985 (D.C. Law 6-83), pertaining to the confidentiality of medical records and information on persons with AIDS, shall be applicable to this chapter. Emergency Legislation For temporary (90 day) amendment of section, see  206 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  206 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Delegation of Authority Delegation of authority pursuant to Law 6-121, see Mayors Order 86-171, September 30, 1986. Delegation of authority pursuant to D.C. Law 6-121, the AIDS Health-Care Response Act of 1986, see Mayors Order 2000-55, March 29, 2000 ( 47 DCR 4735).
 71606. Rules. The Mayor may issue rules necessary to implement this subchapter pursuant to subchapter I of Chapter 5 of Title 2.  (June 10, 1986, D.C. Law 6-121,  7, 33 DCR 2451.)  Prior Codifications 1981 Ed.,  6-2806. Emergency Legislation For temporary addition of chapter, see  2-4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1992 (D.C. Act 9-318, November 24, 1992, 39 DCR 9016).
 71611. Findings. The Council finds that: (1) Effi Slaughter Barry, a former First Lady of the District of Columbia, was among the first public figures in the District to focus attention on the growing health problem of HIV/AIDS; (2) Effi Slaughter Barry, a trained and experienced health professional, was a champion of HIV/AIDS prevention and wellness and was particularly concerned with the dearth of services East of the River; (3) At the time of her death, September 6, 2007, Effi Slaughter Barry, was Director of Special Projects in the Office of the Director of the Department of Health, providing direct leadership to the East of the River HIV/AIDS Initiative; and (4) In light of Effi Slaughter Barrys commitment to health and, in particular, to helping residents of the District of Columbia combat HIV/AIDS, it is fitting that the East of the River HIV/AIDS Capacity Building Initiative should be known as the Effi Slaughter Barry HIV/AIDS Initiative.  (Mar. 20, 2008, D.C. Law 17-117,  2, 55 DCR 1282.) 
 71612. Designation of the Effi Slaughter Barry HIV/AIDS Initiative. The East of the River HIV/AIDS Capacity Building Initiative administered by the Department of Health shall be known as the Effi Slaughter Barry HIV/AIDS Initiative (initiative).  (Mar. 20, 2008, D.C. Law 17-117,  3, 55 DCR 1282.) 
 71613. Purpose. (a) The initiative shall provide technical and financial assistance to selected community HIV/AIDS service providers located east of the Anacostia river to support the: (1) Implementation or expansion of HIV/AIDS prevention and support programs; (2) Development of accurate performance measurement capabilities; and (3) Promotion of revenue diversity. (b) Assistance to selected community HIV/AIDS service providers shall be provided for up to 2 years.  (Mar. 20, 2008, D.C. Law 17-117,  4, 55 DCR 1282; Mar. 3, 2010, D.C. Law 18-111,  5021(a), 57 DCR 181.)  Effect of Amendments D.C. Law 18-111 rewrote the section, which had read as follows: The initiative shall provide technical and financial assistance to selected community HIV/AIDS service providers as part of a 2-year program designed to build operational capacities, improve HIV/AIDS service delivery, enable accurate performance measurement, and increase revenue diversity. Emergency Legislation For temporary (90 day) amendment of section, see  5021(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5021(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Short Title Short title: Section 5020 of D.C. Law 18-111 provided that subtitle C of title V of the act may be cited as the Effi Slaughter Barry HIV/AIDS Initiative Amendment Act of 2009.
 71614. Designation of an initiative coordinator. The Director of the Department of Health shall designate an initiative coordinator, who shall be an employee of the Department of Health and qualified by experience and training to administer the initiative.  (Mar. 20, 2008, D.C. Law 17-117,  5, 55 DCR 1282.) 
 71615. Participant selection and grant award criteria. (a) The Department of Health shall establish criteria for: (1) The selection of community HIV/AIDS service providers to participate in the initiative; and (2) Awarding grants to initiative participants, including a requirement that the fiduciary agent of any collaborative representing a ward must be located in the ward. (b) All grants awarded pursuant to the initiative shall be subject to terms and conditions approved by the Department of Health.  (Mar. 20, 2008, D.C. Law 17-117,  6, 55 DCR 1282; Mar. 3, 2010, D.C. Law 18-111,  5021(b), 57 DCR 181.)  Effect of Amendments D.C. Law 18-111 designated the existing text as subsec. (a); and added subsec. (b). Emergency Legislation For temporary (90 day) amendment of section, see  5021(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5021(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
 71616. Allocation of funding. The Department of Health shall distribute capacity building grants to initiative participants in an amount not to exceed the funds available in the Effi Slaughter Barry Initiative Fund, as established by  7-1617.  (Mar. 20, 2008, D.C. Law 17-117,  7, 55 DCR 1282; Mar. 3, 2010, D.C. Law 18-111,  5021(c), 57 DCR 181.)  Effect of Amendments D.C. Law 18-111 rewrote the section. Emergency Legislation For temporary (90 day) amendment of section, see  5021(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5021(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
 71617. Effi Slaughter Barry Initiative Fund; establishment, purpose. (a) There is established as a nonlapsing fund the Effi Slaughter Barry Initiative Fund (Fund), which shall be a segregated account within the General Fund of the District of Columbia and shall be used solely for the purpose of supporting the initiative. (b) The Fund shall be administered by the Department of Health. (c) The Mayor shall deposit into the Fund all general revenue funds appropriated in the budget submitted pursuant to  1-204.46, and authorized by Congress for the purpose of the initiative. (d) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this section without regard to fiscal year limitation, subject to authorization by Congress. (e) The Director of the Department of Health may make grants from the Fund to effectuate the purpose of the initiative.  (Mar. 20, 2008, D.C. Law 17-117,  7a; as added Aug. 16, 2008, D.C. Law 17-219,  5029, 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111,  5021(d), 57 DCR 181.)  Section References This section is referenced in  7-1616. Effect of Amendments D.C. Law 18-111 added subsec. (e). Emergency Legislation For temporary (90 day) amendment of section, see  5021(d) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5021(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Short Title Short title: Section 5028 of D.C. Law 17-219 provided that subtitle L of title V of the act may be cited as the Effi Slaughter Barry HIV/AIDS Initiative Amendment Act of 2008.
 71631. Definitions. For the purposes of this subchapter, the term: (1) AIDS means acquired immune deficiency syndrome. (2) Department means the Department of Health. (3) HIV means the human immunodeficiency virus. (4) Program means the Senior HIV/AIDS Education and Outreach Program established by  7-1632. (5) Senior means an individual 50 years of age or older.  (July 13, 2012, D.C. Law 19-152,  2, 59 DCR 5136.) 
 71632. Senior HIV/AIDS Education and Outreach Program establishment. There is established within the Department the Senior HIV/AIDS Education and Outreach Program, which shall train seniors to provide information to other seniors on how to prevent the transmission of HIV and to engage in education and outreach on issues related to HIV and AIDS with community-based providers that serve seniors in the District.  (July 13, 2012, D.C. Law 19-152,  3, 59 DCR 5136.)  Section References This section is referenced in  7-1631.
 71633. Program administration. (a) The Department shall: (1) Administer the Program; (2) Recruit seniors to participate in the Program; (3) Determine the training curriculum; and (4) Schedule no fewer than 8 education or community-outreach events annually, which shall be led by seniors who have successfully completed the Program. Each year, at least one event shall be held in each ward. (b) The Department may contract with a community provider to train the seniors participating in the Program. (c) Subject to the availability of funds, the Department may provide a stipend to Program participants.  (July 13, 2012, D.C. Law 19-152,  4, 59 DCR 5136.) 
 71653.01. Minor consent to vaccination.  *NOTE: This section was created by temporary legislation that will expire on May 4, 2023.*  (a) An emancipated minor, a minor who is married or previously has been married, an unaccompanied homeless minor, a minor who is or has been pregnant, or a minor who is separated from their parent or legal guardian for whatever reason and is not supported by their parent or legal guardian may consent to receive a vaccine recommended by the United States Advisory Committee on Immunization Practices ("ACIP"), and where receipt of the vaccine is in accordance with ACIP's recommended immunization schedule. (b)(1) A vaccine provider may accept the consent of a minor not otherwise listed in subsection (a) of this section to receive a vaccine recommended by ACIP in accordance with ACIP's recommended immunization schedule; provided, that the vaccine provider reasonably attempts to obtain consent from the minor's parent or legal guardian either in person, in writing, or by telephone, and there is no objection from the parent or legal guardian. Consent of the parent or legal guardian may be assumed if the vaccine provider cannot notify the parent or legal guardian after at least a reasonable attempt to notify has been made. (2) Nothing in this section prohibits a minor from seeking a court order to authorize receipt of a vaccine by the minor due to the parent's or legal guardian's objection. (3) This subsection does not require administration of a vaccine if receipt of the vaccine by the minor is medically contraindicated. (c) For purposes of this section, the term "vaccine provider" means an entity or person authorized to administer the vaccine being sought. (d) Nothing in this section shall be construed or applied to require or excuse noncompliance with any provision of any federal law.  (Sept. 21, 2022, D.C. Law 24-189,  2, 69 DCR 009946.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2 of Consent for Vaccinations of Minors Emergency Amendment Act of 2022 (D.C. Act 24-511, July 25, 2022, 69 DCR 009377).  Temporary Legislation  For temporary (225 days) creation of this section, see  2 of Consent for Vaccinations of Minors Temporary Amendment Act of 2022 (D.C. Law 24-189, Sept. 21, 2022, 69 DCR 009946). 
 71651.01. Definitions. For the purposes of this chapter, the term: (1) CDC means the Centers for Disease Control and Prevention. (2) HPV means the human papillomavirus.  (July 12, 2007, D.C. Law 17-10,  2, 54 DCR 5146.) 
 71651.02. Human papillomavirus public education campaign. By January 1, 2008, the Mayor shall initiate a public information campaign, including multiple HPV vaccine education forums in each ward, aimed at educating the public on: (1) The connection between HPV and cervical cancer; (2) The importance of protecting oneself against HPV infection; (3) The value of screening for cervical cancer through regular pap tests; and (4) The effectiveness and risks of the HPV vaccine.  (July 12, 2007, D.C. Law 17-10,  3, 54 DCR 5146.) 
 71651.03. Department of Health certification. Within 30 days of the implementation of the HPV vaccination program, the Director of the Department of Health shall provide written certification to the Council that the vaccine is safe and efficacious.  (July 12, 2007, D.C. Law 17-10,  4, 54 DCR 5146.) 
 71651.04. Human papillomavirus vaccination program. (a) The Mayor shall: (1) By January 1, 2009, consistent with the standards set forth by the federal Centers for Disease Control and Prevention (CDC), establish and implement a HPV vaccination program that includes a requirement that the Department of Health disseminate to all parents or legal guardians information about HPV, including the benefits and risks of the HPV vaccine; (2) Require all communications from the Department of Health on the HPV vaccination program to prominently feature information pertaining to the ability of parents or guardians to opt out of the program; (3) Extend, by rulemaking, the HPV vaccination program requirements to males, consistent with standards set forth by the CDC; and (4) Require the Department of Health to develop reporting requirements for the collection and analyzation of HPV vaccination data. (b)(1) By the beginning of the 2009 school year, and of every school year thereafter, the parent or legal guardian of a female child enrolling in grade 6 for the first time at a school in the District of Columbia shall be required to submit certification: (A) That the child has received the HPV vaccine; or (B) That the child has not received the HPV vaccine because: (i) The parent or legal guardian has objected in good faith and in writing to the chief official of the school that the vaccination would violate his or her religious beliefs; (ii) The childs private physician, his or her representative, or the public health authority has provided the school written certification that the vaccination is medically inadvisable; or (iii) The parent or legal guardian, in his or her discretion, has elected to opt out of the HPV vaccination program, for any reason, by signing a form prepared by the Department of Health that states the parent or legal guardian has been informed of the HPV vaccination requirement and has elected not to participate. (2) The form, provided pursuant to paragraph (1)(B)(iii) of this subsection, shall include the parent or legal guardians name, address, and telephone number and the name of the child. The form shall be available in English, Spanish, and any other language that the Mayor considers culturally appropriate.  (July 12, 2007, D.C. Law 17-10,  5, 54 DCR 5146.) 
 71651.05. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (July 12, 2007, D.C. Law 17-10,  6, 54 DCR 5146.) 
 71651.06. Applicability. [Repealed] Repealed.  (July 12, 2007, D.C. Law 17-10,  7, 54 DCR 5146; Aug. 16, 2008, D.C. Law 17-219,  7089, 55 DCR 7598.) 
 71671.01. Definitions.  *NOTE: This section includes amendments by temporary legislation that will expire on February 10, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  For the purposes of this chapter, the term: (1) "ABC Board" means the Alcoholic Beverage Control Board.". (1A) "ABRA" means the Alcoholic Beverage Regulation Administration. (1B) "Adjacent" means located within the same physical structure as, and is abutting, adjoining, bordering, touching, contiguous to, or otherwise physically meeting. (1C) Administer or administration means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person. (1D) "Advanced practice registered nurse" means an individual licensed and in good standing to practice advanced practice registered nursing under District law. (1E) "Authorized practitioner" means a physician, advanced practice registered nurse, physician assistant, dentist, or naturopathic physician who is licensed and in good standing to practice under District law. (2) Bona fide relationship with a qualifying patient means a relationship between an authorized practitioner and qualifying patient for which the authorized practitioner: (A) Has completed a full assessment of the patient's medical or dental history and current medical or dental condition, including a personal physical or dental examination; and (B) Has responsibility for the ongoing care and treatment of the patient. (3) Caregiver means a person who: (A) Is designated by a qualifying patient as the person authorized, on the qualifying patients behalf, to possess, obtain from a dispensary, dispense, administer, and assist in the administration of medical marijuana; (B) Is registered with ABRA as the qualifying patients caregiver; (C) Is not currently, with the exception of caregivers providing services on behalf of nursing homes and hospices, as those terms are defined in  44-501(a)(3) and (6)), serving as the caregiver for another qualifying patient; and (D) Is at least 18 years of age. (4) Controlled Substances Act means Unit A of Chapter 9 of Title 48 [  48-901.02 et seq.]. (5) Cultivation center means a facility operated by an organization or business registered with ABRA pursuant to  7-1671.05 from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries. (5A) "Dentist" means an individual who is licensed and in good standing to practice dentistry under District law, but does not include an individual who only holds a dental teaching license. (6) Repealed. (7) Dispensary means a facility operated by an organization or business registered with ABRA pursuant to  7-1671.05 from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver. (8) Dispense means to distribute medical marijuana to a qualifying patient or caregiver pursuant to this chapter and the rules issued pursuant to  7-1671.13. (9) Distribute means the actual, constructive, or attempted transfer from one person to another. (10) Manufacture means the production, preparation, propagation, compounding, conversion, or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or re-labeling of its container. (11) Marijuana shall have the same meaning as provided in  48-901.02(3)(A). (12) Medical marijuana means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with this chapter and the rules issued pursuant to  7-1671.13. (12A) "Medical marijuana product" means a product derived from or composed of medical marijuana, in part or in whole. (13) Minor means any person under 18 years of age, but does not include an emancipated minor. (13A) "Naturopathic physician" means an individual who is licensed and in good standing to practice naturopathic medicine under District law. (13B) "Non-resident cardholder" means a person who is not a resident of the District of Columbia, who is not currently enrolled in another jurisdiction's medical marijuana program, and who has submitted documentation required by ABRA for a temporary 30-day registration card and has received confirmation of registration. (14) Paraphernalia means: (A) Objects used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing medical marijuana into the human body; and (B) Kits, objects, devices, or equipment used, intended for use, or designed for use in planting, propagating, manufacturing, cultivating, growing, harvesting, processing, or preparing medical marijuana. (15) Physician means an individual who is licensed and in good standing to practice medicine or osteopathy under District law. (15A) "Physician assistant" means an individual who is licensed and in good standing to practice as a physician assistant under District law. (16) Program means the medical marijuana program established by  7-1671.05. (17) Qualifying medical or dental condition means any condition for which treatment with medical marijuana would be beneficial, as determined by the patients authorized practitioner. (18) Qualifying medical or dental treatment means: (A) Chemotherapy; (B) The use of azidothymidine or protease inhibitors; (C) Radiotherapy; or (D) Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical marijuana in the same manner as a qualifying medical or dental condition. (19) Qualifying patient means a resident of the District or another jurisdiction that is registered with ABRA who has a qualifying medical or dental condition or is undergoing a qualifying medical or dental treatment, or a patient enrolled in another jurisdiction's medical marijuana program; provided, that a patient from another jurisdiction shall not be a qualifying patient if ABRA determines that there is a shortage of medical marijuana or the real-time electronic records system referenced in  7-1671.05(4)(A) is inactive. (19A) "Real-time electronic records" means a records system that is able to track the amount of medical marijuana that District residents and patients from another jurisdiction purchase in real-time. (20) Residence means a dwelling or dwelling unit in which a person lives in a particular locality with the intent to make it a fixed and permanent home. (20A) "Straw ownership" means nominal ownership without the attendant benefits and risks of genuine ownership, where someone, often for a fee, allows themselves to be named on documents or purports in writing to be an owner, in whole or in part, for the purpose of satisfying a government regulatory requirement. (21) "Testing laboratory" means an entity that is not owned or operated by a director, officer, member, incorporator, agent, or employee of a cultivation center or dispensary, and is registered by ABRA to test medical marijuana and medical marijuana products that are to be sold under this chapter.  (Feb. 25, 2010, D.C. Law 13-315,  2; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Mar. 10, 2015, D.C. Law 20-189,  2(a), 61 DCR 12119; Feb. 18, 2017, D.C. Law 21-209,  2(a), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(a), 67 DCR 10493; June 30, 2022, D.C. Law 24-136,  2(a), 69 DCR 005040; Oct. 17, 2022, D.C. Act 24-565,  2(a), 0 DCR 0.)  Section References This section is referenced in  3-1202.03,  48-904.01, and  48-1103. Effect of Amendments The 2015 amendment by D.C. Law 20-189 rewrote (17). Emergency Legislation  For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(a) of Medical Cannabis Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-448, June 28, 2022, 69 DCR 007753).   For temporary (90 days) amendment of this section, see  2(a) of Medical Cannabis Emergency Amendment Act of 2022 (D.C. Act 24-356, Mar. 28, 2022, 69 DCR 002635).   For temporary (90 days) amendment of this section, see  2(a) of Medical Cannabis Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-104, June 17, 2021, 68 DCR 006458).   For temporary (90 days) amendment of this section, see  2(a) of Medical Cannabis Emergency Amendment Act of 2021 (D.C. Act 24-75, Mar. 22, 2021, 68 DCR 004932).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Cultivation Center Expansion Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-475, July 21, 2016, 63 DCR 10179).   For temporary (90 days) amendment of this section, see  2(a)(1A) of Medical Marijuana Cultivation Center Expansion Emergency Amendment Act of 2016 (D.C. Act 21-396, May 19, 2016, 63 DCR 7908).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Expansion Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-3, Feb. 19, 2015, 62 DCR 2468).  For temporary (90 day) addition, see  2 of Legalization of Marijuana for Medical Treatment Initiative Applicability Emergency Amendment Act of 2009 (D.C. Act 18-323, March 1, 2010, 57 DCR 1849). For temporary (90 days) amendment of this section, see  2(a) of the Medical Marijuana Expansion Emergency Amendment Act of 2014 (D.C. Act 20-396, July 29, 2014, 61 DCR 8255). For temporary (90 days) amendment of this section, see  2(a) of the Medical Marijuana Expansion Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-479, Nov. 12, 2014, 61 DCR 12129, 20 STAT 4403). For temporary (90 days) amendment of this section, see  2(a) of the Medical Marijuana Cultivation Center Expansion Emergency Amendment Act of 2015 (D.C. Act 21-104, July 20, 2015, 62 DCR 9965). For temporary (90 days) amendment of this section, see  2(a) of the Medical Marijuana Cultivation Center Expansion Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-156, Oct. 16, 2015, 62 DCR 13707). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(a) of Medical Cannabis Temporary Amendment Act of 2022 (D.C. Law 24-136, June 30, 2022, 69 DCR 005040).   For temporary (225 days) amendment of this section, see  2(a) of Medical Cannabis Temporary Amendment Act of 2021 (D.C. Law 24-13, July 28, 2021, 68 DCR 005834).   For temporary (225 days) amendment of this section, see  2(a) of Medical Marijuana Cultivation Center Expansion Temporary Amendment Act of 2016 (D.C. Law 21-146, Aug. 19, 2016, 63 DCR 9282).  Section 2 of D.C. Law 18-152 added a section to read as follows: Sec. 11a. Applicability. This act shall apply upon the effective date o the Legalization of Marijuana for Medical Treatment Initiative Amendment Act of 2010, as introduced on January 19, 2010 (D.C. Bill 18-622). Section 4(b) of D.C. Law 18-152 provided that the act shall expire after 225 days of its having taken effect. For temporary (225 days) amendment of this section, see  2(a) of the Medical Marijuana Expansion Temporary Amendment Act of 2014 (D.C. Law 20-163, February 26, 2015, 60 DCR 10753). For temporary (225 days) amendment of this section, see  2(a) of the Medical Marijuana Cultivation Center Expansion Temporary Amendment Act of 2015 (D.C. Law 21-33, Oct. 21, 2015, 62 DCR 10896). Editor's Notes History of D.C. Law 13-315. Initiative 59, permitting the use of marijuana for medical treatment, was certified as a proper subject for an initiative by the District of Columbia Board of Elections and Ethics on September 17, 1998. In reaction to the certification, Congress enacted and the President signed the Barr Amendment that prohibited the use of appropriated funds to conduct any ballot initiative which sought to legalize or otherwise reduce penalties associated with a controlled substance. Since, the ballots for the November 3 election had already been printed before enactment of the Barr Amendment, District voters still considered the initiative. After the vote, the Board of Elections and Ethics refused, in light of the Barr Amendment, to release and certify the results of the vote on Initiative 59. Certain District of Columbia voters then sued the Board. In Turner v. District of Columbia Board of Elections and Ethics, 77 F.Supp.2d 25 (D.D.C. 1999), the court ruled that the Board could count and certify the election results concerning Initiative 59. After the count, the Board announced that Initiative 59 had been approved by the voters and certified the results. The initiative was eventually assigned D.C. Act 13-138. On October 20, 1999, the District of Columbia Chief Financial Officer (CFO) submitted a fiscal impact statement that found that implementation of Act 13-138 would have a fiscal impact and recommended that the cost be included in the development of the fiscal year 2001 budget. On October 25, 1999, the District of Columbia Council transmitted D.C. Act 13-138 to the District of Columbia Financial Responsibility and Management Assistance Authority (Control Board). On October 26, 1999, the Control Board informed the Council that it would not accept D.C. Act 13-138 without a revised fiscal impact statement from the CFO. On September 30, 2001, the Control Board suspended its activities. Between 1998 and 2009 all District of Columbia appropriations acts contained language that prevented Initiative 59 from taking effect as law. Congress did not include the language in the District of Columbia Appropriations Act, 2010 (Pub. L. 111-117). With the removal of the Bar Amendment, the Council transmitted Act 13-138 to Congress on December 21, 2009, for a 30-day period of review. D.C. Act 13-138 became D.C. Law 13-315 on February 25, 2010, and is published at 57 DCR 3360. D.C. Law 18-210 amended D.C. Law 13-315 in its entirety to read as follows. Mayor's Orders Establishment of Medical Marijuana Program Pursuant to the Legalization of Marijuana for Medical Treatment Initiative of 1999, see Mayors Order 2011-71, April 13, 2011 ( 58 DCR 3527).
 71671.02. Use of medical marijuana.  *NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) Notwithstanding any other District law, a qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, in accordance with this chapter and the rules issued pursuant to  7-1671.13. (b) Notwithstanding any other District law, a caregiver may possess and dispense medical marijuana to a qualifying patient, and possess and use paraphernalia, for the sole purpose of assisting in the administration of medical marijuana to a qualifying patient in accordance with this chapter and the rules issued pursuant to  7-1671.13. (c) A qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, only for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment and only after having: (1)(A) Obtained a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with  7-1671.04, except for individuals 21 years of age and older who shall be permitted to self-certify on a form provided by ABRA that they are utilizing cannabis for medical purposes as part of the registration process; and (B) Registered with ABRA pursuant to  7-1671.05; or (2) Enrolled in another jurisdiction's medical marijuana program. (c-1) When a qualifying patient's or caregiver's registration identification card has expired or will expire at any time between March 1, 2020, and March 31, 2023, and the qualifying patient or caregiver has not submitted an application for a new registration identification card, the qualifying patient or caregiver may continue to purchase, possess, and administer medical marijuana in accordance with this chapter and the rules issued pursuant to  7-1671.13 until March 31, 2023. On or after April 1, 2023, the qualifying patient or caregiver must possess a valid registration identification card to continue to purchase, possess, and administer medical marijuana. (d) A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from a dispensary registered with ABRA pursuant to  7-1671.05. (e) A qualifying patient who is a minor may possess and administer medical marijuana only if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian: (1) Understands the qualifying medical condition or qualifying medical treatment of the minor; (2) Understands the potential benefits and potential adverse effects of the use of medical marijuana, generally, and, specifically, in the case of the minor; (3) Consents to the use of medical marijuana for the treatment of the minors qualifying medical condition or treatment of the side effects of the minors qualifying medical treatment; and (4) Consents to, or designates another adult to, serve as the caregiver for the qualifying patient and the caregiver controls the acquisition, possession, dosage, and frequency of use of medical marijuana by the qualifying patient.  (Feb. 25, 2010, D.C. Law 13-315,  3; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(b), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(b), 67 DCR 10493; May 18, 2022, D.C. Law 24-122,  2(a), 69 DCR 002670; Sept. 21, 2022, D.C. Law 24-187,  2(a), 69 DCR 009942; Oct. 17, 2022, D.C. Act 24-565,  2(b), 0 DCR 0.)  Applicability Section 7022 of D.C. Law 22-33 repealed  4 of D.C. Law 21-209. Therefore the changes made to this section by D.C. Law 21-209 have been implemented.  Applicability of D.C. Law 21-209:  4 of D.C. Law 21-209 provided that the change made to this section by  2(b) of D.C. Law 21-209 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Self-Certification Emergency Amendment Act of 2022 (D.C. Act 24-469, July 6, 2022, 69 DCR 008396).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).   For temporary (90 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).   For temporary (90 days) repeal of  4 of D.C. Law 21-209, see  7022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-209, see  7022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(a) of Medical Marijuana Self-Certification Temporary Amendment Act of 2022 (D.C. Law 24-187, Sept. 21, 2022, 69 DCR 009942).   For temporary (225 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).   For temporary (225 days) amendment of this section, see  2(a) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204). 
 71671.03. Restrictions on use of medical marijuana.  *NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) The maximum amount of medical marijuana that any qualifying patient or caregiver may possess at any moment is 8 ounces of dried medical marijuana. The Mayor shall promulgate through rulemaking limits on medical marijuana of a form, other than dried. (b)(1) Except as provided in paragraph (4) of this subsection, medical marijuana shall not be administered by or to a qualifying patient anywhere other than the qualifying patient's residence, if permitted, the residence of an individual who has given permission to the qualifying patient to administer medical marijuana at his or her residence, if permitted, or at a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the facility. (2) A qualifying patient or caregiver shall not administer medical marijuana at a dispensary, cultivation center, or testing laboratory. (3) Notwithstanding paragraph (1) of this subsection, a qualifying patient shall not use medical marijuana if exposure to the medical marijuana or the medical marijuana smoke would adversely affect the health, safety, or welfare of a minor. (4) Medical marijuana, in a non-smokable form, may be administered to a qualifying patient who is enrolled in school at the school of enrollment, if a school has a policy in place for allowing administration of medication at school. (c) A qualifying patient or caregiver shall transport medical marijuana in a labeled container or sealed package in a manner and method established by rulemaking. (d) Nothing in this chapter permits a person to: (1) Undertake any task under the influence of medical marijuana when doing so would constitute negligence or professional malpractice; or (2) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of medical marijuana. (e) The use of medical marijuana as authorized by this chapter and the rules issued pursuant to  7-1671.13 does not create a defense to any crime and does not negate the mens rea element for any crime except to the extent of the voluntary-intoxication defense recognized in District of Columbia law. (f) Notwithstanding any other law, a person or entity may provide information about the existence or operations of a dispensary, cultivation center, or testing laboratory to another person pursuant to this law. (g) A qualified patient, caregiver, or an employee of a dispensary, cultivation center, or testing laboratory who is stopped by the police upon reasonable suspicion or probable cause that the stopped individual is in possession of marijuana may not be further detained or arrested on this basis alone if the police determine that he or she is in compliance with this chapter and the rules issued pursuant to  7-1671.13.  (Feb. 25, 2010, D.C. Law 13-315,  4; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(c), 63 DCR 15291; Apr. 16, 2020, D.C. Law 23-81,  2, 67 DCR 2498; May 18, 2022, D.C. Law 24-122,  2(b), 69 DCR 002670; Oct. 17, 2022, D.C. Act 24-565,  2(c), 0 DCR 0.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).   For temporary (90 days) amendment of this section, see  2 of Student Medical Marijuana Patient Fairness Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-199, Jan. 16, 2020, 67 DCR 585).   For temporary (90 days) amendment of this section, see  2 of Student Medical Marijuana Patient Fairness Emergency Amendment Act of 2019 (D.C. Act 23-126, Oct. 7, 2019, 66 DCR 13161).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).   For temporary (225 days) amendment of this section, see  2(b) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204).   For temporary (225 days) amendment of this section, see  2 of Student Medical Marijuana Patient Fairness Temporary Amendment Act of 2019. (D.C. Law 23-35, Dec. 24, 2019, 66 DCR 14302). 
 71671.04. Recommending authorize practitioner; protections. (a) An authorized practitioner may recommend the use of medical marijuana to a qualifying patient if the authorized practitioner: (1) Is in a bona fide relationship with the qualifying patient; and (2) Makes the recommendation based upon the authorized practitioner's assessment of the qualifying patients medical or dental history, current medical or dental condition, and a review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment. (b)(1) An authorized practitioner's recommendation that a qualifying patient may use medical marijuana shall be signed by the authorized practitioner and include: (A) The authorized practitioner's board-issued license number; and (B) A statement that the use of medical marijuana is necessary for the treatment of a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment. (2) An authorized practitioner's recommendation shall be valid only if it is written on a form prescribed by ABRA. (c) Except as provided in  7-1671.07, a physician [an authorized practitioner] shall not be subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for advising a qualifying patient about the use of medical marijuana or recommending the use of medical marijuana to a qualifying patient pursuant to this chapter and the rules issued pursuant to  7-1671.13. (d) An authorized practitioner recommending the use of medical marijuana by a qualifying patient shall not have a professional office located at a dispensary, cultivation center, or testing laboratory or receive financial compensation from a dispensary, cultivation center, or testing laboratory, or a director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory.  (Feb. 25, 2010, D.C. Law 13-315,  5; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(d), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(c), 67 DCR 10493.)  Section References This section is referenced in  3-1202.03 and  7-1671.02.
 71671.05. Medical marijuana program.  *NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  There is established a medical marijuana program, which shall regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, testing, and administration of medical marijuana and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall: (1)(A) Require the registration with ABRA of all: (i) Qualifying patients, except qualifying patients enrolled in another jurisdiction's medical marijuana program under  7-1671.02(c)(2); and (ii) Caregivers; and (B) As part of the registration process, require a qualifying patient to: (i) Repealed. (ii) Provide a copy of the authorized practitioner's recommendation for the qualifying patients use of medical marijuana, unless the patient self-certified as provided in  7-1671.02(c)(1)(A); (C) As part of the registration process, permit a non-resident qualifying patient visiting the District of Columbia to apply to ABRA to receive a temporary non-resident registration identification card. A temporary non-resident registration identification card issued to a non-resident cardholder shall be valid for 30 days. After the expiration of the temporary non-resident registration identification card, a non-resident qualifying patient may apply to ABRA to be issued another 30-day temporary non-resident identification card. (2) Require the registration of all: (A) Dispensaries; (B) Cultivation centers; (B-i) Testing laboratories; and (C) Directors, officers, members, incorporators, agents, and employees of dispensaries, cultivation centers, and testing laboratories; (3) Issue nontransferable registration identification cards that expire annually to registered persons and entities, which may be presented to and used by law enforcement to confirm whether a person or entity is authorized to administer, cultivate, dispense, distribute, test, or possess medical marijuana, or to manufacture, possess, or distribute paraphernalia; provided, that qualifying patients and caregivers who register after November 5, 2021, and prior to March 31, 2023, shall be issued nontransferable registration identification cards that expire biennially. (3A) Be permitted to issue nontransferable temporary registration identification cards that expire after 30 days to registered persons, which may be presented to and used by law enforcement to confirm whether a person is authorized to possess medical marijuana or paraphernalia; (4) Require all dispensaries, cultivation centers, and testing laboratories to: (A) Maintain true, complete, and real-time electronic records of the following: (i) The name, address, home telephone number, and date of birth of each employee; (ii) Each transaction conducted by the facility, including: (I) The quantity of medical marijuana tested, distributed, or dispensed; (II) The consideration given for the medical marijuana, if any; and (III) The recipient of the medical marijuana; (iii) The quantity of medical marijuana at the dispensary, cultivation center, or testing laboratory; (iv) The disposal method used for any medical marijuana that was cultivated or acquired but that did not meet the requirements for sale established by the ABC Board through rulemaking under paragraph (5A) of this section or that was not sold for any other reason, including evidence of the disposal of the medical marijuana; and (v) Any other information required by ABRA; (B) Notify the Chief of the Metropolitan Police Department in writing and immediately of the loss, theft, or destruction of any medical marijuana; (5) Require all dispensaries to maintain true, complete, and current records of: (A) The name and address of the qualifying patient authorized to obtain the distribution or dispensing of medical marijuana; and (B) The name and address of the caregiver who receives the medical marijuana; (5A) Upon the registration of at least one testing laboratory under paragraph (2)(B-i) of this section and pursuant to rules issued by the ABC Board, require that cultivation centers segregate all harvested medical marijuana into batches before manufacturing any medical marijuana product or packaging raw medical marijuana for sale to a dispensary and hold the harvested medical marijuana from sale until: (A) The medical marijuana has been tested by a testing laboratory; (B) The cultivation center has received the information required under paragraph (5B) of this section; and (C) The cultivation center has determined that the medical marijuana meets the requirements for sale established by the ABC Board through rulemaking; (5B) Require testing laboratories to provide cultivation centers with the following information after testing harvested medical marijuana samples: (A) The concentration of tetrahydrocannabinol and cannabidiol in the testing material; (B) Whether the tested material is organic or non-organic; (C) The presence and concentration of fertilizers and other nutrients; and (D) Any other information that ABRA may require through rulemaking; (6) Develop educational materials about potential harmful drug interactions that could occur from using medical marijuana concurrently with other medical treatments and the importance of informing health care providers and pharmacists of the use of medical marijuana to help avoid harmful drug interactions; (7) Revoke or suspend the registration of any person or entity if the ABC Board determines that the person or entity has violated a provision of this chapter or the rules issued pursuant to  7-1671.13; (8) Conduct announced and unannounced inspections of dispensaries and cultivation centers; (9) Establish registration and annual renewal fees for all persons and entities required to register pursuant to this chapter; provided, that the ABC Board, by rule, may make qualifying patient and caregiver registrations available at no cost to attract and retain qualifying patients; however, the registration and annual renewal fees for dispensaries, cultivation centers, and testing laboratories and for the directors, officers, members, incorporators, agents, and employees of dispensaries, cultivation centers, and testing laboratories shall be sufficient to offset the costs of administering this chapter. (10) Establish a system to provide for the safe and affordable dispensing of medical marijuana to qualifying patients who are unable to afford a sufficient supply of medical marijuana based upon the qualifying patients income and existing financial resources that: (A) Allows qualifying patients to apply to the ABC Board to be eligible to purchase medical marijuana on a sliding scale from dispensaries; and (B) Requires each dispensary to devote a percentage of its gross revenue, as determined by the Mayor, to providing medical marijuana on the sliding scale to qualifying patients determined eligible pursuant to subparagraph (A) of this paragraph; (11) Submit to the Council an annual report that does not disclose any identifying information about qualifying patients, caregivers, or authorized practitioners, but that includes: (A) The number of applications filed for a registration identification card; (B) The number of qualifying patients and caregivers registered; (C) The qualifying medical condition or qualifying medical treatment for each qualifying patient; (D) The number of registration identification cards suspended and the number revoked; and (E) The number of authorized practitioners providing written recommendations for qualifying patients; (12) Establish standards by which applicants for dispensary, cultivation center, and testing laboratory registration will be evaluated to determine which applicants will be accepted for registration and renewal of registration, which shall include the following factors: (A) Knowledge of District and federal law relating to marijuana; (B) Suitability of the proposed facility; (C) A proposed staffing plan; (D) A security plan that has been assessed by the Metropolitan Police Department; (E) A cultivation plan; and (F) A product safety and labeling plan; (13)(A) Provide notice through the mail to the Councilmember and all Advisory Neighborhood Commissions in the affected ward at least 30 days prior to approval of a location for a dispensary, cultivation center, or testing laboratory; and (B) Accord great weight to input provided by the Advisory Neighborhood Commission regarding the proposed location of a dispensary, cultivation center, or testing laboratory when approving or rejecting an application for registration; and (14) Require caregivers and qualifying patients to notify ABRA immediately and in writing of the loss, theft, or destruction of a registration identification card.  (Feb. 25, 2010, D.C. Law 13-315,  6; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(e), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(d), 67 DCR 10493; May 18, 2022, D.C. Law 24-122,  2(c), 69 DCR 002670; Sept. 21, 2022, D.C. Law 24-187,  2(b), 69 DCR 009942; Oct. 17, 2022, D.C. Act 24-565,  2(d), 0 DCR 0.)  Section References This section is referenced in  7-1671.01 and  7-1671.02. Applicability Section 7022 of D.C. Law 22-33 repealed  4 of D.C. Law 21-209. Therefore the changes made to this section by D.C. Law 21-209 have been implemented.  Applicability of D.C. Law 21-209:  4 of D.C. Law 21-209 provided that the change made to this section by  2(e) of D.C. Law 21-209 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Self-Certification Emergency Amendment Act of 2022 (D.C. Act 24-469, July 6, 2022, 69 DCR 008396).   For temporary (90 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).   For temporary (90 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).   For temporary (90 days) repeal of  4 of D.C. Law 21-209, see  7022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-209, see  7022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Medical Marijuana Self-Certification Temporary Amendment Act of 2022 (D.C. Law 24-187, Sept. 21, 2022, 69 DCR 009942).   For temporary (225 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).   For temporary (225 days) amendment of this section, see  2(c) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204).  Delegation of Authority Establishment of Medical Marijuana Program and Delegation of Authority, see Mayors Order 2010-138, August 6, 2010 ( 57 DCR 7110).
 71671.06. Dispensaries and cultivation centers.  *NOTE: This section includes amendments by temporary legislation that will expire on February 10, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 23, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) Notwithstanding any other District law, a dispensary may possess medical marijuana for the purpose of dispensing the medical marijuana to a qualifying patient or caregiver and may manufacture, purchase, possess, distribute, and use paraphernalia, in accordance with this chapter and the rules issued pursuant to  7-1671.13. (b) Notwithstanding any other District law, a cultivation center may cultivate and possess medical marijuana for the purpose of distribution to a dispensary and may manufacture, purchase, possess, and use paraphernalia in accordance with this chapter and the rules issued pursuant to  7-1671.13. (b-1) Notwithstanding any other District law, a testing laboratory may possess medical marijuana for the purpose of testing its contents, in accordance with this chapter and the rules issued pursuant to  7-1671.13. (c) A dispensary may dispense medical marijuana and distribute paraphernalia to a qualifying patient or the qualifying patients caregiver, and a qualifying patient or the qualifying patients caregiver may obtain medical marijuana and paraphernalia from a dispensary, only if the qualifying patient is registered to receive medical marijuana from that dispensary. (d)(1) Each dispensary, cultivation center, and testing laboratory shall be registered with ABRA prior to manufacturing, cultivating, dispensing, possessing, testing, or distributing medical marijuana, or manufacturing, possessing, using, or distributing paraphernalia. (2)(A) No more than 5 dispensaries shall be registered to operate in the District; provided, that the Mayor may increase the number to as many as 8 by rulemaking to ensure that qualifying patients have adequate access to medical marijuana; provided further, that no more than 2 dispensaries shall be registered to operate within an election ward established by the Council in  1-1041.03. (B) The prohibition of no more than 2 dispensaries being registered to operate within an election ward set forth in subparagraph (A) of this paragraph shall apply to applications pending as of December 13, 2013. (C)(i) No more than one dispensary may be registered to operate in any election ward in which 5 or more cultivation centers have been registered to operate. (ii) The prohibition of no more than one dispensary being registered to operate within an election ward in which 5 or more cultivation centers have been registered to operate set forth in sub-subparagraph (i) of this subparagraph shall apply to applications pending as of December 13, 2013. (3)(A) The total number of cultivation centers that may be registered to operate within an election ward, established by the Council in  1-1041.03, shall not exceed 6 and the total number of testing laboratories that may be registered to operate within an election ward shall not exceed 2. (B) The prohibition of no more than 6 cultivation centers being registered to operate within an election ward set forth in subparagraph (A) of this paragraph shall apply to applications pending as of Dec. 13, 2013. (C) Any applicant that submitted an application on July 19, 2015, for a registration to operate a cultivation center shall be allowed to modify the location of the cultivation center on its application without negatively affecting the current status of the application. (4) The ABC Board may approve the holder of a cultivation center registration that also owns, or has a valid lease for, real property adjacent to its existing cultivation center to physically expand the registered cultivation center into that adjacent real property for the purpose of increasing production of medical marijuana. (5)(A) An application for registration of a dispensary, cultivation center, or testing laboratory submitted by a medical cannabis certified business enterprise, or applicant eligible to be a medical cannabis certified business enterprise, shall be awarded a preference point equal to 50 points or 20% of the available points, whichever is more. (B) A medical cannabis certified business enterprise shall: (i) Have one or more owners who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities and who are District residents and individually or collectively own at least 60% of the licensed business enterprise; (ii) Have one or more owners whose income does not exceed $349,999, who are residents of the District, and whose net worth, excluding the value of their residence, does not exceed $1 million, and individually or collectively own at least 60% of the licensed business enterprise; (iii) Have a chief executive officer and its highest-level managerial employees perform their managerial functions in a principal office located in the District; (iv) Have at least 50% of its employees be residents of the District; (v) Have at least 50% of its contractors be residents of the District; and (vi) Have at least 80% of the assets of the certified business enterprise, including bank accounts, be in the District. (C) An applicant seeking to qualify as a medical cannabis certified business enterprise shall submit with the application for registration of a dispensary, cultivation center, or testing laboratory, an affidavit attesting to: (i) The number of owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; (ii) The ownership interest of any owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; (iii) The number of employees of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; and (iv) The number of contractors of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (D) For the purpose of this paragraph, the term: (i) "Economically disadvantaged individual" shall have the same meaning as set forth in  2-218.02(7). (ii) "Medical cannabis certified business enterprise" means a certified business enterprise, as that term is defined in  2-218.02(1D), that operates a medical cannabis business as a dispensary, cultivation center, or testing laboratory. (e)(1) A dispensary may not dispense more than 2 ounces of medical marijuana in a 30-day period to a qualifying patient, either directly or through the qualifying patients caregiver; provided, that the Mayor, through rulemaking, may increase the quantity of medical marijuana that may be dispensed to up to 4 ounces. (2) Repealed. (3) It shall be unlawful for a dispensary to dispense or possess more than the quantity of medical marijuana needed to support the number of qualifying patients or caregivers registered to receive medical marijuana at that dispensary, as determined by the Mayor pursuant to rules issued under  7-1671.13; provided, that the ABC Board may allow a dispensary to possess a higher quantity of medical marijuana in anticipation of additional qualifying patients or caregivers registering. (f) No marijuana or paraphernalia at a dispensary, cultivation center, or testing laboratory shall be visible from any public or other property. (g) A dispensary, cultivation center, or testing laboratory shall not locate within any residential district or within 300 feet of a preschool, primary or secondary school, or recreation center. (g-1)(1) A cultivation center shall not be located within a Retail Priority Area, as designated pursuant to  2-1217.73, and as approved by the Council pursuant to the Great Streets Neighborhood Retail Priority Areas Approval Resolution of 2007, effective July 10, 2007 (Res. 17-257; 54 DCR 7194). (2) Any applicant that had an application pending as of June 20, 2012, for a registration to operate a cultivation center within a Retail Priority Area as identified in paragraph (1) of this subsection, shall be allowed to modify the application within 180 days of May 1, 2013, without negatively affecting the current status of the application. (g-2) A dispensary, cultivation center, or testing laboratory may be permitted to relocate to any election ward upon approval from the ABC Board; provided, that no more than 2 dispensaries and 6 cultivation centers may be registered to operate within an election ward. (g-3) A dispensary, cultivation center, or testing laboratory may be permitted to change ownership or controlling interest upon approval from the ABC Board. (h) Each dispensary, cultivation center, and testing laboratory" shall: (1) Be either a for-profit or nonprofit corporation incorporated within the District; (2) Implement a security plan to prevent the theft or diversion of medical marijuana, including maintaining all medical marijuana in a secure, locked room that is accessible only by authorized persons; and (3) Ensure that all of its employees receive training on compliance with District law, medical marijuana use, security, and theft prevention. (i) Each dispensary shall regularly distribute to all qualifying patients and caregivers the educational materials regarding potential harmful drug interactions developed as part of the Program. (j)(1) No person seeking to be a director, officer, member, incorporator, or agent of a dispensary, cultivation center, or testing laboratory who has access to the medical cannabis at the dispensary, cultivation center, or testing laboratory shall have had a felony conviction for a crime of violence, gun offense, tax evasion, fraud, or credit card fraud within the 3 years preceding the date the application for licensure is filed with ABRA. (2) The ABC Board shall not disqualify an employee of a dispensary, cultivation center, or testing laboratory who has access to medical cannabis at the dispensary, cultivation center, or testing laboratory from working at the dispensary, cultivation center, or testing laboratory solely because the person had been convicted of a felony before filing the application. (3) The ABC Board may establish additional criminal background requirements by rulemaking for testing laboratory agents that are responsible for testing cannabis and cannabis products and consult with other District agencies regarding an applicant's record of adherence to other regulatory requirements before granting an application. (k) A person found to have violated any provision in this chapter shall not be a director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory, and the registration identification card of the person shall be immediately revoked and the registration of the dispensary, cultivation center, or testing laboratory shall be suspended until the person is no longer a director, officer, member, incorporator, agent, or employee of the dispensary, cultivation center, or testing laboratory.  (Feb. 25, 2010, D.C. Law 13-315,  7; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Dec. 13, 2013, D.C. Law 20-59,  2, 60 DCR 15484; Mar. 10, 2015, D.C. Law 20-189,  2(b), 61 DCR 12119; Feb. 18, 2017, D.C. Law 21-209,  2(f), 63 DCR 15291; July 17, 2018, D.C. Law 22-128,  2, 65 DCR 5755; Apr. 11, 2019, D.C. Law 22-288,  205, 66 DCR 1656; May 10, 2019, D.C. Law 22-313,  11, 66 DCR 1627; Dec. 3, 2020, D.C. Law 23-149,  5012(e), 67 DCR 10493; June 30, 2022, D.C. Law 24-136,  2(b), 69 DCR 005040; Oct. 25, 2022, D.C. Act 24-592,  2, 0 DCR 0.)  Effect of Amendments The 2013 amendment by D.C. Law 20-59 rewrote (d); and added (g-1). The 2015 amendment by D.C. Law 20-189 substituted 500 living marijuana plants for 95 living marijuana plants in (e)(2). Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Emergency Amendment Act of 2022 (D.C. Act 24-592, Oct. 25, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(b) of Medical Cannabis Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-448, June 28, 2022, 69 DCR 007753).   For temporary (90 days) amendment of this section, see  2(b) of Medical Cannabis Emergency Amendment Act of 2022 (D.C. Act 24-356, Mar. 28, 2022, 69 DCR 002635).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-303, Jan. 24, 2022, 69 DCR 000623).   For temporary (90 days) amendment of this section, see  2 of Fifty-Point Preference Clarification Emergency Amendment Act of 2021 (D.C. Act 24-211, Nov. 18, 2021, 68 DCR 012363).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Emergency Amendment Act of 2021 (D.C. Act 24-182, Oct. 25, 2021, 68 DCR 011325).   For temporary (90 days) amendment of this section, see  2(b) of Medical Cannabis Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-104, June 17, 2021, 68 DCR 006458).   For temporary (90 days) amendment of this section, see  2(b) of Medical Cannabis Emergency Amendment Act of 2021 (D.C. Act 24-75, Mar. 22, 2021, 68 DCR 004932).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-600, Jan. 13, 2021, 68 DCR 001202).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Emergency Amendment Act of 2020 (D.C. Act 23-477, Nov. 2, 2020, 67 DCR 13269).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Emergency Amendment Act of 2019 (D.C. Act 23-179, Dec. 5, 2019, 0 DCR 0).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Relocation Emergency Amendment Act of 2018 (D.C. Act 22-645, Feb. 6, 2019, 66 DCR 2052).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Certified Business Enterprise Preference Emergency Amendment Act of 2018 (D.C. Act 22-334, May 3, 2018, 65 DCR 5058).   For temporary (90 days) , see  2 of Medical Marijuana Cultivation Center Relocation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-109, July 28, 2017, 64 DCR 7394).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Certified Business Enterprise Preference Emergency Amendment Act of 2017 (D.C. Act 22-83, June 28, 2017, 64 DCR 6229).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Cultivation Center Relocation Emergency Amendment Act of 2017 (D.C. Act 22-74, June 5, 2017, 64 DCR 6078).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Dispensary Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-18, Mar. 17, 2017, 64 DCR 3055).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Dispensary Emergency Amendment Act of 2016 (D.C. Act 21-573, Dec. 19, 2016, 63 DCR 15689).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Cultivation Center Expansion Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-475, July 21, 2016, 63 DCR 10179).   For temporary (90 days) amendment of this section, see  2 of Medical Marijuana Cultivation Center Relocation Emergency Amendment Act of 2016 (D.C. Act 21-427, June 23, 2016, 63 DCR 9022).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Cultivation Center Expansion Emergency Amendment Act of 2016 (D.C. Act 21-396, May 19, 2016, 63 DCR 7908).   For temporary (90 days) amendment of this section, see  2(b) of Medical Marijuana Expansion Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-3, Feb. 19, 2015, 62 DCR 2468).  For temporary (90 day) amendment of section, see  2 of Medical Marijuana Cultivation Center and Dispensary Locations Emergency Amendment Act of 2012 (D.C. Act 19-299, January 31, 2012, 59 DCR 902). For temporary (90 day) amendment of section, see  2 of Medical Marijuana Cultivation Center Emergency Amendment Act of 2012 (D.C. Act 19-339, April 7, 2012, 59 DCR 2784). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Emergency Amendment Act of 2013 (D.C. Act 20-4, January 29, 2013, 60 DCR 2790, 20 DCSTAT 438). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center and Dispensary Location Restriction Emergency Act of 2013 (D.C. Act 20-18, March 1, 2013, 60 DCR 3972, 20 DCSTAT 474). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Congressional Review Emergency Act of 2013 (D.C. Act 20-61, April 27, 2013, 60 DCR 6401, 20 DCSTAT 1408). For temporary (90 days) amendment of this section, see  2 and 3 of the Medical Marijuana Cultivation Center Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-263, January 9, 2014, 61 DCR 328). For temporary (90 days) amendment of this section, see  2(b) of the Medical Marijuana Expansion Emergency Amendment Act of 2014 (D.C. Act 20-396, July 29, 2014, 61 DCR 8255). For temporary (90 days) amendment of this section, see  2(b) of the Medical Marijuana Expansion Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-479, Nov. 12, 2014, 61 DCR 12129, 20 STAT 4403). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Emergency Amendment Act of 2015 (D.C. Act 21-36, Mar. 30, 2015, 62 DCR 4548, 21 DCSTAT 876). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Supply Shortage Emergency Amendment Act of 2015 (D.C. Act 21-53, May 6, 2015, 62 DCR 5950, 21 DCSTAT 1428). For temporary (90 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Exception Emergency Amendment Act of 2015 (D.C. Act 21-64, May 22, 2015, 62 DCR 6863, 21 DCSTAT 1443). For temporary (90 days) amendment of this section, see  2(b) of the Medical Marijuana Cultivation Center Expansion Emergency Amendment Act of 2015 (D.C. Act 21-104, July 20, 2015, 62 DCR 9965). For temporary (90 days) amendment of this section, see  2(b) of the Medical Marijuana Cultivation Center Expansion Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-156, Oct. 16, 2015, 62 DCR 13707). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Medical Cannabis Temporary Amendment Act of 2022 (D.C. Law 24-136, June 30, 2022, 69 DCR 005040).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Temporary Amendment Act of 2021 (D.C. Law 24-84, Mar. 2, 2022, 68 DCR 012380).   For temporary (225 days) amendment of this section, see  2 of Fifty-Point Preference Clarification Temporary Amendment Act of 2021 (D.C. Law 24-68, Feb. 18, 2022, 68 DCR 014082).   For temporary (225 days) amendment of this section, see  2(b) of Medical Cannabis Temporary Amendment Act of 2021 (D.C. Law 24-13, July 28, 2021, 68 DCR 005834).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Temporary Amendment Act of 2020 (D.C. Law 23-253, Mar. 16, 2021, 67 DCR 13917).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Plant Count Elimination Temporary Amendment Act of 2019 (D.C. Law 23-55, Feb. 21, 2020, 67 DCR 36).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Certified Business Enterprise Preference Temporary Amendment Act of 2017 (D.C. Law 22-18, Sept. 6, 2017, 64 DCR 6715).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Cultivation Center Relocation Temporary Amendment Act of 2017 (D.C. Law 22-14, Aug. 19, 2017, 64 DCR 6247).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Dispensary Temporary Amendment Act of 2016 (D.C. Law 21-234, Apr. 1, 2017, 64 DCR 883).   For temporary (225 days) amendment of this section, see  2 of Medical Marijuana Cultivation Center Relocation Temporary Amendment Act of 2016 (D.C. Law 21-162, Oct. 13, 2016, 63 DCR 9815).   For temporary (225 days) amendment of this section, see  2(b) of Medical Marijuana Cultivation Center Expansion Temporary Amendment Act of 2016 (D.C. Law 21-146, Aug. 19, 2016, 63 DCR 9282).  For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center and Dispensary Locations Temporary Amendment Act of 2012 (D.C. Law 19-122, Apr. 27, 2012, 59 DCR 1705). For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Temporary Amendment Act of 2012 (D.C. Law 19-146, Jun. 20, 2012, 59 DCR 4164). For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Temporary Amendment Act of 2013 (D.C. Law 20-1, May 1, 2013, 60 DCR 3962, 20 DCSTAT 1262). For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center and Dispensary Location Restriction Temporary Amendment Act of 2013 (D.C. Law 20-2, May 18, 2013, 60 DCR 4620, 20 DCSTAT 1264). For temporary (225 days) amendment of this section, see  2(b) of the Medical Marijuana Expansion Temporary Amendment Act of 2014 (D.C. Law 20-163, February 26, 2015, 60 DCR 10753). For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Supply Shortage Temporary Amendment Act of 2015 (D.C. Law 21-18, July 22, 2015, 62 DCR 6880). For temporary (225 days) amendment of this section, see  2 of the Medical Marijuana Cultivation Center Exception Temporary Amendment Act of 2015 (D.C. Law 21-22, Sept. 17, 2015, 62 DCR 8850). For temporary (225 days) amendment of this section, see  2(b) of the Medical Marijuana Cultivation Center Expansion Temporary Amendment Act of 2015 (D.C. Law 21-33, Oct. 21, 2015, 62 DCR 10896).
 71671.07. Health Occupations Boards review of medical marijuana authorized practitioner recommendations.  *NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) The Boards of Medicine, Nursing, and Dentistry" shall have the authority to review and audit the written authorized practitioner recommendations submitted to ABRA as part of the registration process and shall have the authority to discipline authorized practitioners under their licensing authority who act outside of the scope of this chapter. (b) Repealed. (c) Submitting a false statement regarding a qualifying patients eligibility to participate in the Program on the form developed pursuant to  7-1671.04(b)(2) shall be grounds for the revocation, suspension, or denial of an authorized practitioner's license, or the imposition of a civil fine pursuant to  3-1205.14(c), or both, at the licensing board's discretion.  (Feb. 25, 2010, D.C. Law 13-315,  8; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(g), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(f), 67 DCR 10493; May 18, 2022, D.C. Law 24-122,  2(d), 69 DCR 002670; Oct. 17, 2022, D.C. Act 24-565,  2(e), 0 DCR 0.)  Section References This section is referenced in  3-1202.03 and  7-1671.04. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(e) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).   For temporary (90 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).   For temporary (225 days) amendment of this section, see  2(d) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204). 
 71671.08. Penalties. (a) Any person who manufactures, cultivates, possesses, administers, dispenses, distributes, or uses marijuana, or manufactures, possesses, distributes, or uses paraphernalia, in a manner not authorized by this chapter or the rules issued pursuant to  7-1671.13 shall be subject to criminal prosecution and sanction under subchapter I of Chapter 11 of Title 48 [ 48-1101 et seq.]. (b) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the persons manufacture, cultivation, possession, administration, dispensing, distribution, or use of medical marijuana, or manufacture, possession, distribution, or use of paraphernalia, to avoid arrest or prosecution shall be subject to a criminal fine not to exceed $1,000. The imposition of the fine shall be in addition to any other penalties that may otherwise apply for the making of a false statement or for the manufacture, cultivation, possession, administration, dispensing, distribution, or use of marijuana, or the manufacture, possession, distribution, or use of paraphernalia. (c) It shall be an affirmative defense to a criminal charge of possession or distribution of marijuana, or possession with intent to distribute marijuana, that the person charged with the offense is a person who: (1) Was in possession of medical marijuana only inside the qualifying patients residence or a medical treatment facility; (2) Only administered or assisted in administering the medical marijuana to the qualifying patient and only within the qualifying patients residence or at a permitted medical treatment facility; (3) Assisted the qualifying patient only when the caregiver was not reasonably available to provide assistance; and (4) Is 18 years of age or older. (d) Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or any rules issued under  7-1671.13, pursuant to Chapter 18 of Title 2 [ 2-1801.01 et seq.]. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 [ 2-1801.01 et seq.].  (Feb. 25, 2010, D.C. Law 13-315,  9; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798.) 
 71671.08a. Medical Cannabis Administration Fund. (a) There is established as a special fund the Medical Cannabis Administration Fund ("Fund"), which shall be administered by ABRA in accordance with subsection (c) of this section. (b) All funds received from medical cannabis licensing, permitting, and registration fees shall be deposited into the Fund. (c) Money deposited in the Fund shall be used by ABRA for the purpose of administering the medical marijuana program. (d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation. (e) Funds received from penalties and fines imposed under  7-1671.08 shall be credited to the unassigned fund balance of the General Fund of the District of Columbia.  (Feb. 25, 2010, D.C. Law 13-315,  9a; as added Dec. 3, 2020, D.C. Law 23-149,  5012(g), 67 DCR 10493.) 
 71671.08b. Medical Cannabis Social Equity Fund. (a) There is established as a special fund the Medical Cannabis Social Equity Fund ("Fund"), which shall be administered by Department of Small and Local Business Development ("DSLBD") in consultation with ABRA and in accordance with subsection (c) of this section. (b) All revenue in excess of the amount budgeted in the Fiscal Year 2023 budget for Fiscal Year 2023 collected pursuant to  47-2002(a)(7) shall be deposited into the Fund. (c) Money in the Fund shall be used to administer the medical cannabis certified business enterprise program established in accordance with  7-1671.06(d)(5). (d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation. (e) ABRA and DSLBD shall enter into a memorandum of understanding to effectively implement the distribution of funds in the Fund for the purpose set forth in subsection (c) of this section.  (Feb. 25, 2010, D.C. Law 13-315,  9b; as added Sept. 21, 2022, D.C. Law 24-167,  5072, 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5072 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 71671.09. Medical Marijuana Advisory Committee. (a) The Mayor shall establish a Medical Marijuana Advisory Committee (Committee), which shall monitor: (1) Best practices in other states that allow the use of medical marijuana; (2) Scientific research on the medical use of marijuana; and (3) The effectiveness of the Districts medical marijuana program. (b) No later than January 1, 2012, the Committee shall submit a report to the Mayor and the Council recommending: (1) Whether the District of Columbia should allow qualifying patients and caregivers to cultivate medical marijuana; (2) How to implement and regulate cultivation of medical marijuana by qualifying patients and caregivers; and (3) Any other comments the Committee believes to be important.  (Feb. 25, 2010, D.C. Law 13-315,  10; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798.) 
 71671.10. Fees. (a) The Mayor is authorized to establish, by rulemaking, fees for the registration of caregivers, cultivation centers, dispensaries, testing laboratories, and qualifying patients and for the inspection and audit of cultivation centers, dispensaries, and testing laboratories. (b) Any of the fees collected pursuant to this chapter shall be applied first toward the cost of administering this chapter.  (Feb. 25, 2010, D.C. Law 13-315,  11; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(h), 63 DCR 15291.) 
 71671.11. Liability. (a) No liability shall be imposed by virtue of this chapter upon any duly authorized District officer engaged in the enforcement of any law relating to controlled substances. (b) The District shall not be held liable for any deleterious outcomes from the use of medical marijuana, including the acts or omissions of any qualifying patient attributed to the use of medical marijuana.  (Feb. 25, 2010, D.C. Law 13-315,  12; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798.) 
 71671.12. Public and private insurance. Nothing in this chapter shall require a governmental, private, or any other health insurance provider or health care service plan to be liable for any claim for reimbursement for the use of medical marijuana.  (Feb. 25, 2010, D.C. Law 13-315,  13; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798.) 
 71671.13. Rules. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including rules to: (1) Adopt manufacturing practices that cultivation centers and dispensaries shall be required to comply with to ensure that medical marijuana sold by cultivation centers and dispensaries is of pharmaceutical grade; (2) Ensure that the labeling on medical marijuana sold by cultivation centers and dispensaries provides sufficient and accurate information, verified by a testing laboratory, for qualifying patients to be able to make informed choices; (3) Ensure that each cultivation center, dispensary, and testing laboratory has appropriate signage and outdoor lighting and an appropriate security system, security plan, and theft prevention plan; (4) Limit the hours during which dispensaries, cultivation enters, and testing laboratories may operate; (5) Determine, for the purpose of ensuring that qualifying patients have adequate access to medical marijuana, the number of cultivation centers that may operate in the District, based on the number of qualifying patients expected to register in the first year of the Programs operation; provided, that the Mayor may adjust this number through rulemaking based on: (A) The number of registered qualifying patients; and (B) The number of qualifying patients expected to register in the subsequent 180 days; (6) Determine the amount of any registration fee for any dispensary, cultivation center, or testing laboratory; (7) Determine the forms of medical marijuana that dispensaries and cultivation centers shall be permitted to dispense or distribute; and (8) Within 6 months after February 18, 2017, determine the process for permitting a dispensary, cultivation center, or testing laboratory to: (A) Relocate within an election ward, established by the Council in  1-1041.03, pursuant to  7-1671.06(g-2); and (B) Change ownership or controlling interest pursuant to  7-1671.06(g-3). (a-1) Pursuant to the transfer of functions of the Department of Health to ABRA by  25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this section, which rules shall allow registered dispensaries to provide medical marijuana to qualifying patients through delivery, curbside pickup, and at-the-door options. (b) The Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.  (Feb. 25, 2010, D.C. Law 13-315,  14; as added July 27, 2010, D.C. Law 18-210,  2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209,  2(i), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149,  5012(h), 67 DCR 10493.)  Section References This section is referenced in  7-1671.01,  7-1671.02,  7-1671.03,  7-1671.04,  7-1671.05,  7-1671.06, and  7-1671.08.
 71721.01. Definitions. For the purposes of this subchapter, the term: (1) "Characterizing flavor" means a distinguishable taste or aroma other than tobacco, including fruit, chocolate, vanilla, candy, dessert, alcoholic beverage, menthol, mint, or wintergreen. (1A) "Electronic smoking device" shall have the same meaning as provided in  7-741.01(1). (1B) "Flavored tobacco product" means any tobacco product or synthetic nicotine product that imparts a characterizing flavor. (1C) "Hookah" means a type of waterpipe used to smoke shisha or other tobacco products with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (1D) "Hookah bar" means a restaurant, tavern, brew pub, club, or nightclub that: (A) Generates revenue from the sale for on-site consumption of tobacco products used with a hookah, excluding sales from vending machines or the rental of on-site humidors; provided, that the restaurant, tavern, brew pub, club, or nightclub has a valid smoking exemption from the Department of Health pursuant to  7-741.03(a)(2) or (3); and (B) Does not permit any person under 21 years of age to be present or enter the premises at any time. (2) Self-service display means a display that contains tobacco products and is located in an area openly accessible to consumers, and from which consumers can readily access tobacco products without the assistance of a sales clerk. A display case that holds tobacco products behind locked doors does not constitute a self-service display. (2A) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device. The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C.  301 et seq.).  (3) Tobacco specialty store means a retail store that bars entry to individuals under 21years of age and that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  2; as added July 23, 2010, D.C. Law 18-189,  3(b), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191,  2(a), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(a)(2), 68 DCR 007332.)  Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(a) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(a) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(a) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.02. Sale of tobacco to persons under 21 years of age. (a) No person shall sell, give, or furnish any tobacco product to, or purchase any tobacco product on behalf of, any person under 21 years of age. (b)(1) Any person who sells any tobacco product and who has reasonable cause to believe that a person who attempts to purchase the product is under 30 years of age shall require that the purchaser present identification that indicates the purchaser's age. (2) It shall be an affirmative defense to a violation of paragraph (1) of this subsection that, at the time of the relevant sale, the person who attempted to purchase the product was 21 years of age or older, or presented identification to the seller that a reasonably prudent person would believe to be valid under the same or similar circumstances. (c) Repealed. (d) Any license to sell tobacco products issued pursuant to  47-2404 may be suspended for a first or second violation of subsection (a) or (b) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) or (b) of this section. (e)(1) In any place or business where a person sells any tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: "No tobacco product will be sold to any person under 21 years of age. Sales clerks will ask for proof of age from any person seeking to purchase any tobacco product who appears to be under 30 years of age." (2) A sign posted pursuant to paragraph (1) of this subsection shall clearly state the maximum fine for a violation of this section. The sign shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number to give notice of the law to the public. (f) Notwithstanding section 1004 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR  1004), the Mayor shall collect and maintain a publicly available record of violations under subsection (a) of this section, including: (1) The date of the violation; and (2) The location where the citation was given.  (Feb. 7, 1891, 26 Stat. 736, ch. 117; May 2, 1991, D.C. Law 8-262,  3, 37 DCR 8434; designated as  3, July 23, 2010, D.C. Law 18-189,  3(a), (c), 57 DCR 3019; Sept. 26, 2012, D.C. Law 19-171,  52(b)(1), 59 DCR 6190; Feb. 18, 2017, D.C. Law 21-191,  2(b), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(b), 68 DCR 007332.)  Prior Codifications 2001 Ed.,  22-1320. 1981 Ed.,  22-1120. 1973 Ed.,  22-1120. Section References This section is referenced in  7-1721.07 and  22-1320. Effect of Amendments D.C. Law 18-189 rewrote subsecs. (a), (b), and (e)(1); and added subsec. (f). The 2012 amendment by D.C. Law 19-171 substituted  section 1004 of Title 1 of the District of Columbia Municipal Regulations ( 1 DCMR  1004) for  section 1-1004 of the District of Columbia Municipal Regulations in the introductory language of (f). Cross References Cigarette tax, license suspension, see  47-2404. Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(b) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(b) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(b) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.03. Purchase or possession of tobacco by persons under 21 years of age; use of false identification. (a)(1) No person under 21 years of age shall purchase any tobacco product, possess any tobacco product, or attempt to purchase or possess any tobacco product. (2) Paragraph (1) of this subsection shall not apply to a person under 21 years of age who is handling or transporting tobacco products under the terms of the person's employment. (b) No person under 21 years of age shall falsely represent the person's age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or consuming tobacco products in the District. (c) Repealed.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  4; as added July 23, 2010, D.C. Law 18-189,  3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191,  2(c), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(c), 68 DCR 007332.)  Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(c) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(bc of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(c) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.04. Self-service sale of tobacco. (a) No person shall sell or distribute tobacco products, except cigars, through a self-service display. (b) Subsection (a) of this section shall not apply to: (1) Vending machines that are permitted under  47-2404(b)(3); or (2) Self-service displays that are located in a tobacco specialty store. (c) Repealed.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  5; as added July 23, 2010, D.C. Law 18-189,  3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191,  2(d), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(d), 68 DCR 007332.)  Section References This section is referenced in  7-1721.07. Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(d) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(d) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(d) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.05. Package requirements. (a) No person shall sell or distribute to any person within the District of Columbia any cigarettes except in packages containing no less than 20 cigarettes. (b) This section does not apply to a tobacco specialty store. (c) Repealed. (d) Any license to sell tobacco products issued pursuant to  47-2404 may be suspended for a first or second violation of subsection (a) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) of this section.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  6; as added July 23, 2010, D.C. Law 18-189,  3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191,  2(e), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(e), 68 DCR 007332.)  Section References This section is referenced in  7-1721.07. Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(e) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(e) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(e) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.06. Prohibited sellers. (a) Except as provided in subsection (b) of this section, no tobacco product shall be sold to individual customers from mobile vending motor vehicles and trailers that sell retail food products ready for immediate consumption. (b) Cigarettes may be sold at hotdog stands and construction site food wagons by vendors who are licensed pursuant to  47-2404. (c) No single cigar containing reconstituted tobacco products shall be sold to individual customers at convenience stores and gas stations. (d) Repealed.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  7; as added July 23, 2010, D.C. Law 18-189,  3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191,  2(f), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25,  2(f), 68 DCR 007332.)  Section References This section is referenced in  7-1703.04 and  7-1721.07. Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(f) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(f) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.  Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  2(f) of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 71721.07. Civil penalties. (a)(1) A violation of section 3, 5, 6, or 7 shall be subject to a civil penalty of not less than $100 and not more than $500 for the first violation. For a subsequent violation, a person shall be subject to a civil penalty of not less than $500 and not more than $1,000. (2) Any person who violates  7-1721.03(a) may be subject to a civil penalty of $25. (3) Any person who violates  7-1721.03(b) may be subject to a civil penalty of: (A) $100 the first time the offense or offenses occurred; (B) $200 the second time the offense or offenses occurred; and (C) $300 the third and subsequent times the offense or offenses occurred. (4) A person who violates  7-1721.08 shall be subject to a civil penalty of: (A) Not more than $25 per violation, if the person committing the violation is an individual; and (B) Not more than $10,000 per violation, if the person committing the violation is a person other than an individual. (5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to increase the amount of the fine for a violation of  7-1721.03(a) or (b). (b) A violation of the provisions described in subsection (a) of this section shall be a civil infraction for the purposes of Chapter 18 of Title 2. Adjudication of any such civil infractions shall be pursuant to Chapter 18 of Title 2. (c)(1) Law enforcement officers shall not be involved in the enforcement of the provisions described in subsection (a) of this section. (2) For the purposes of this subsection, the term "law enforcement officer" means: (A) A sworn member of the Metropolitan Police Department; (B) A sworn member of the District of Columbia Protective Services; (C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections; (D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or the Pretrial Services Agency; and (E) Metro Transit police officers.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  8; as added July 23, 2010, D.C. Law 18-189,  3(d), 57 DCR 3019; Sept. 22, 2021, D.C. Law 24-25,  2(g), 68 DCR 007332.)  Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by  2(8) of D.C. Law 24-25 have been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the change made to this section by  2(g) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. 
 71721.08. Prohibitions on flavored tobacco products and electronic smoking devices. (a) No person shall sell, offer for sale, receive for sale, distribute, purchase, or facilitate the sale of: (1) A flavored tobacco product; or (2) An electronic smoking device within one quarter mile of any middle or high school in the District. (b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has: (1) Made a public statement or claim directed to the public regarding a characterizing flavor; (2) Used text or images on the tobacco product's packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe that the tobacco product imparts a characterizing flavor. (c) Any license to sell tobacco products issued pursuant to  47-2404: (1) May be suspended, after a hearing, for a first or second violation of subsection (a) of this section; and (2) Shall be revoked, after a hearing, for a third or subsequent violation of subsection (a) of this section. (d) In addition to the penalties described in  7-1721.07(a)(4), a violation of subsection (a) of this section shall constitute a violation of  28-3904. The Attorney General for the District of Columbia may use the Attorney General's investigatory powers pursuant to  28-3910 and enforcement authority pursuant to  28-3909 to investigate or prosecute suspected violations of subsection (a) of this section. (e)(1) Notwithstanding the provisions of this section, the sale for on-site consumption of flavored tobacco products intended to be used with a hookah shall be permitted for any hookah bar doing business in the District as of September 30, 2021. All flavored tobacco products sold pursuant to this subsection shall be consumed on site and may not be taken off premises. (2) A hookah bar doing business in the District as of September 30, 2021, shall not need to relocate to be in compliance with this section.  (Feb. 7, 1891, 26 Stat. 736, ch. 117,  9; as added Sept. 22, 2021, D.C. Law 24-25,  2(h), 68 DCR 007332.)  Applicability  Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the creation of this section by  2(h) of D.C. Law 24-25 has been implemented.   Applicability of D.C. Law 24-25:  4 of D.C. Law 24-25 provided that the creation this section by  2(h) of D.C. Law 24-25 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore the creation of this section has not been implemented. 
 71701. Findings and purpose. (a) The Council of the District of Columbia finds that the inhalation of concentrated smoke resulting from the smoking of tobacco in facilities in which the public congregates is a clear danger to health and a cause of inconvenience and discomfort to persons present in such facilities. (b) The purpose of this subchapter is to protect the public health, comfort, and environment by prohibiting smoking in certain facilities, vehicles, and restaurants open to or used by the general public and to protect children from exposure to the use of tobacco products by prohibiting their use in event sites for organized sporting events (c) Except to the extent that  8 of D.C. Law 3-22 modifies the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216], this subchapter is intended to complement the provisions of Part 2 of those regulations and the provisions of  35-251 to 35-254, which regulate public conduct on public passenger vehicles. It is not the intent of this subchapter to derogate in any manner from the provisions of the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216] or from  35-251(b)(1).  (Sept. 28, 1979, D.C. Law 3-22,  2, 26 DCR 390; Mar. 21, 1987, D.C. Law 6-216,  13(g), 34 DCR 1072; Mar. 29, 1988, D.C. Law 7-100,  2(a), 35 DCR 1182; Feb. 18, 2017, D.C. Law 21-194,  2(a), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-911. 1973 Ed.,  6-821. References in Text The Construction Codes Approval and Amendments Act of 1986, referred to in two places in subsection (c), is D.C. Law 6-216. Editor's Notes Section 151 of Public Law 106-522 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law. Section 130 of Pub. L. 107-96 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990. Delegation of authority pursuant to D.C. Law 3-22, the District of Columbia Smoking Restrictions Act of 1979, see Mayors Order 98-138, August 20, 1998 ( 45 DCR 6588). Amended Delegation of authority pursuant to D.C. Law 3-22, the District of Columbia Smoking Restrictions Act of 1979, see Mayors Order 98-161, September 25, 1998 ( 45 DCR 7734).
 71702. Definitions. For the purpose of this subchapter: (1) Bus stop means a location that has been designated by a pole and appropriate signage as a place where passengers board a bus. (1A) Educational facility means any enclosed indoor area used primarily as a library or for instruction of enrolled students, including day care centers, nursery schools, elementary schools, and secondary schools, except smoking lounges or specific smoking areas approved by the principal or president of the school, college, or university pursuant to guidelines established by the Board of Education, in the case of a public school, or by the trustees or other governing body, in the case of a college, university, or private educational institution. The term educational facility shall include all enclosed indoor areas supportive of instruction, including, but not limited to, classrooms, cafeterias, study areas and libraries, but excluding faculty lounges and specific areas approved by the principal of a given school pursuant to guidelines established by the Superintendent of Schools or the head of such private institutions. (1B) "Event site for organized sporting events" means the entire physical area of a site that is designed for hosting organized sporting events, such as a stadium or arena, and includes all open, semi-open, and enclosed spaces and structures within the site, such as playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, recreational areas, press boxes, television and radio broadcasting booths, and stadium parking lots. (2) Health care facility means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes or homes for the aged or chronically ill, but excluding private medical offices. (3) Mayor means the Mayor of the District of Columbia or "his or her designated agent. (3A) "Organized sporting events" means games or athletic competitions related to baseball, softball, football, basketball, ice hockey, field hockey, track and field, wrestling, boxing, lacrosse, or soccer, or any other event involving a game or athletic competition organized by a league or association of persons, including a professional, amateur, youth recreational, or school-sponsored league. (4) Person means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applied. (4A) Playground means a public or private facility intended primarily for recreation and not for residential use, with a portion of the facility that contains at least one separate apparatus intended for the recreation of children, including a sliding board, swing set, and teeterboard. (4B) Public recreational facility means a park, dog park, trail, community facility, playground, swimming pool, spray park, neighborhood recreation center, or other similar facility that is owned or maintained by the District. (5) Restaurant means a restaurant as defined in  25-101(43), and any other establishments licensed by the District of Columbia in the business of preparing or serving food to the public. The term restaurant shall include coffee shops, cafeterias, luncheonettes, eateries, and soda fountains. The term restaurant shall not include sidewalks, terraces, or space used by restaurants to provide outdoor facilities, nightclubs, or taverns. (6) Retail store means any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise or food for consumption off the premises, and all activities, operations and services connected therewith or incidental thereto. The term retail store shall not include separate areas of a retail store which are used as a restaurant. (7) "Smoking" or "to smoke" means the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form. (8) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device, as that term is defined in  7-741.01(1). The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C.  301 et seq.).   (Sept. 28, 1979, D.C. Law 3-22,  3, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100,  2(b), 35 DCR 1182; Dec. 13, 2013, D.C. Law 20-48,  2(a), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194,  2(b), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-912. Section References This section is referenced in  7-1703. Effect of Amendments The 2013 amendment by D.C. Law 20-48 redesignated (1) as (1A); added (1), (4A), and (4B); and rewrote (7). Emergency Legislation For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155,  7007. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71703.01. Designated nonsmoking areas in restaurants; new construction and major renovation to existing restaurants; smoking areas. (a) Except as provided in subsection (b) of this section, the owner, manager, or person in charge of any restaurant having a seating capacity of 50 or more shall designate at least 25% of the total seating capacity as a nonsmoking area. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served. (b) Any new construction for the purpose of establishing a restaurant or major renovation, performed on or after March 29, 1988, to an existing restaurant, which has a seating capacity of 50 or more, shall contain a nonsmoking area that is at least 50% of the total seating capacity. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served. In accordance with  7-1705(c), the Mayor shall define the term major renovation. (c)(1) In areas where smoking is permitted pursuant to any provision of this subchapter, physical barriers or separate rooms may be used to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. Ventilation shall be in compliance with the District of Columbia laws and rules governing indoor ventilation. (2) No area shall be designated as a smoking area where smoking is prohibited by the Fire Marshal or by other District of Columbia laws or rules. (3) Smoking areas shall comply with all laws and rules of the District of Columbia.  (Sept. 28, 1979, D.C. Law 3-22,  4a; as added Mar. 29, 1988, D.C. Law 7-100,  2(d), 35 DCR 1182.)  Prior Codifications 1981 Ed.,  6-913.1. Section References This section is referenced in  7-1703. Editor's Notes For complete smoking ban in all places of employment and public places, see  7-742. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71703.02. Regulation of smoking in any District of Columbia workplace. (a) Any private or public employer in the District of Columbia (District) shall, within 3 months of May 2, 1991, adopt, implement, and maintain a written smoking policy that contains the following provisions: (1) Designation of an area in the workplace where smoking may be permitted. In an area where smoking is permitted, a physical barrier or a separate room shall be used to minimize smoke in any nonsmoking area. Ventilation shall be in compliance with the District laws and rules that govern indoor ventilation. (2) Notification to employees orally and in writing by conspicuously posting the employers smoking policy within 3 weeks after the smoking policy is adopted. Any person in the workplace shall be subject to the posted smoking policy of the employer. (b) The designation of a smoking area in the workplace affects employment relations and shall be a subject of collective bargaining in accordance with  1-617.08(b). (c) Nothing in the Smoking Regulation Amendment Act of 1990 shall be construed to prevent the owner or person in charge of a building or any part of a building from prohibiting smoking throughout the building or in any part of the building over which she or he has control.  (Sept. 28, 1979, D.C. Law 3-22,  4b; as added May 2, 1991, D.C. Law 8-262,  2(b), 37 DCR 8434.)  Prior Codifications 1981 Ed.,  6-913.2. Section References This section is referenced in  7-1703. References in Text The Smoking Regulation Amendment Act of 1990, referred to in (c), is D.C. Law 8-262. Editor's Notes For complete smoking ban in all places of employment and public places, see  7-742.
 71703.03. Prohibition of employment discrimination on the basis of tobacco use. (a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this subchapter or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications. (b) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall have a private cause of action against the person. An employee or applicant for employment shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes, to resolve a violation of subsection (a) of this section, prior to commencing a civil action. (c) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall be entitled to recover any damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorneys fee as part of the costs.  (Sept. 28, 1979, D.C. Law 3-22,  4c; as added Mar. 17, 1993, D.C. Law 9-240,  2, 40 DCR 627.)  Prior Codifications 1981 Ed.,  6-913.3.
 71703.04. No smoking within 25 feet of property signs. (a) A property owner or ground-floor commercial tenant has the authority to post signs on his or her property stating that smoking or the use of tobacco products is not permitted on public space within a specified distance from and abutting the building wall. That distance shall not be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less. (b) An authorized sidewalk cafe shall not be subject to a no-smoking sign posted pursuant to this section unless the sign has been posted by, or with the consent of, the owner or operator of the sidewalk cafe. (c) The penalties in  7-1721.06 shall not apply to this section.  (Sept. 28, 1979, D.C. Law 3-22,  4d; as added July 23, 2010, D.C. Law 18-189,  2, 57 DCR 3019; Sept. 26, 2012, D.C. Law 19-171,  52(a), 59 DCR 6190; Feb. 18, 2017, D.C. Law 21-194,  2(d), 63 DCR 15012.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 redesignated D.C. Law 3-22,  4c as D.C. Law 3-22,  4d.
 71703. Smoking restrictions. (a) Smoking shall be prohibited in the following: (1) Any elevator, except in a single-family dwelling; (2) Any public selling area of a retail store, except in a tobacco shop or store primarily concerned with selling tobacco and smoking equipment; (3) Any public assembly or hearing room which is owned or leased by any branch, agency, or instrumentality of the District of Columbia government; this subsection shall not apply to the District of Columbia National Guard Armory ; (4) Any educational facility except as provided in  7-1702(1A); (5) While transporting passengers within the corporate limits of the District of Columbia, any passenger vehicle owned or operated by the District of Columbia government, or any passenger vehicle for hire regulated under  47-2829; (6) Any area of a health care facility frequented by the general public, including hallways, waiting rooms and lobbies. The operator of a health care facility may designate separate areas as smoking areas. (A) When a health care facility permits patients to smoke in bed space areas, such facility shall make a reasonable effort to determine a patients individual nonsmoking or smoking preference and assign patients who are to be placed in bed space areas utilized by 2 or more patients to a bed space area with patients who have a similar smoking preference. (B) Hospital staff, visitors and the general public shall not smoke in bed space areas utilized by nonsmoking patients. No Smoking signs shall be conspicuously posted in such bed space areas. (7) Any restaurant except as permitted in  7-1703.01. (8) Any public or private workplace, except as provided in  7-1703.02. (9) In a playground or public recreational facility or while sitting or standing within 25 feet of the property line of a playground or public recreational facility when another person is present; provided, that the following shall be exempt from this prohibition: (A) Smoking or using tobacco on residential property that is located within 25 feet of a playground or public recreational facility; and (B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR  2105.1) that are located within 25 feet of a playground or public recreational facility. (10) In a bus stop or while sitting or standing within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District when another person is present; provided, that the following shall be exempt from this prohibition: (A) Smoking or using tobacco on residential property that is located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District; and (B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR  2105.1) that are located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District. (b) The use of tobacco products shall be prohibited at event sites for organized sporting events at all times, regardless of their present use.  (Sept. 28, 1979, D.C. Law 3-22,  4, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100,  2(c), 35 DCR 1182; May 2, 1991, D.C. Law 8-262,  2(a), 37 DCR 8434; Apr. 23, 2013, D.C. Law 19-270,  4, 60 DCR 1717; Dec. 13, 2013, D.C. Law 20-48,  2(b), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194,  2(c), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-913. 1973 Ed.,  6-823. Effect of Amendments The 2013 amendment by D.C. Law 19-270 deleted except that smoking with the prior consent of all occupants of the vehicle shall be permitted when the vehicle is a limousine following under  47-2829 in (5). The 2013 amendment by D.C. Law 20-48 added (9) and (10). Cross References For additional restrictions on smoking in all places of employment and enclosed public areas, see  7-741 et seq. Emergency Legislation For temporary (90 days) repeal of D.C. Law 19-270,  5, see  7017 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) repeal of D.C. Law 19-270,  5, see 7017 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes For complete smoking ban in all places of employment and public places, see  7-742. Section 5 of D.C. Law 19-270 provided that the shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 2(b) of D.C. Law 20-48 would have added (9) and (10). Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 7017 of D.C. Law 20-61 repealed D.C. Law 19-270,  5. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155,  7007. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71704. No Smoking signs. (a) In any place, elevator, or vehicle in which smoking is prohibited, the owner, manager, or person in charge of the place, elevator, or vehicle shall post or cause to be posted signs that read, No Smoking Under Penalty of Law, No Smoking Except in Smoking Areas, or Smoking in Accordance With Employers Smoking Policy Only. In any place, elevator, or vehicle where smoking is restricted, the sign shall include the following warning: Smoking causes lung cancer, heart disease, emphysema, and may cause fetal injury, premature birth, and low birth weight in pregnant women. Signs posted shall clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number in a manner that gives notice to the public of the applicable law. (a-1) In a public recreational facility, the Director of the Department of Parks and Recreation shall post or cause to be posted signs that read No Smoking. Need to quit? Contact the D.C. Quitline at 1-800-Quit-Now (784-8669). (a-2) In a private playground, the owner, manager, or individual or entity responsible for maintaining the private playground shall post or cause to be posted signs that read No Smoking. Need to quit? Contact the D.C. Quitline at 1-800-Quit-Now (784-8669). (a-3) In any event site for organized sporting events, the owner, lessee, manager, operator, or person in charge of the event site for organized sporting events shall post or cause to be posted signs that read, "No Use of Tobacco Products." Signs posted shall clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at every entrance to the event site for organized sporting events and in all dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, bathrooms, vendor areas, press boxes, and television and radio broadcast booths. (b) Where smoking is prohibited pursuant to this subchapter all signs posted shall include the internationally recognized no smoking symbol. Where smoking is restricted pursuant to this subchapter all signs posted shall include the internationally recognized smoking symbol. (c) It shall be unlawful for any person to obscure, remove, deface, mutilate, or destroy any sign posted in accordance with the provisions of this subchapter.  (Sept. 28, 1979, D.C. Law 3-22,  5, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100,  2(e), 35 DCR 1182; May 2, 1991, D.C. Law 8-262,  2(c), 37 DCR 8434; Mar. 17, 1993, D.C. Law 9-223,  2, 40 DCR 590; Dec. 13, 2013, D.C. Law 20-48,  2(c), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194,  2(e), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-914. 1973 Ed.,  6-824. Section References This section is referenced in  7-742 and  7-1706. Effect of Amendments The 2013 amendment by D.C. Law 20-48 added (a-1) and (a-2). Section 2(c) of D.C. Law 20-48 added (a-1) and (a-2). Emergency Legislation For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 was repealed by  7007 of emergency D.C. Act 20-377, effective July 14, 2014, and by  7007 of emergency D.C. Act 20-449, effective Oct. 10, 2014. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155,  7007. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71705. Enforcement. (a) The owner, lessee, manager, operator or other person in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter shall: (1) Post and maintain the appropriate "No Smoking" or "No Use of Tobacco Products" signs; and (2) Ask persons observed smoking or using tobacco products in violation of this subchapter to refrain from smoking or using tobacco products. (b) Whenever the owner, lessee, manager or operator of a facility or event site for organized sporting events covered by this subchapter requires a license issued by the District of Columbia government in order to operate the facility or event site for organized sporting events, the owner, lessee, manager or operator shall comply with this subchapter as a requirement for receiving or renewing the license. Where an on-site inspection is required prior to issuance or renewal of a license, the inspector should certify that the appropriate signs have been posted. In those cases where an on-site inspection is not needed, a signed statement by the applicant that he has complied with this subchapter shall constitute sufficient evidence of compliance as required in this subsection. Violation of this subchapter shall be grounds for license suspension or revocation. (c) The Mayor is authorized to promulgate any regulations needed to carry out the provisions of this subchapter. (d) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator or person otherwise in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter from violating, or continuing to violate, any provision of this subchapter. For the purposes of this subsection, an aggrieved person shall be defined as any person subjected to tobacco smoke due to failure to comply with this subchapter.  (Sept. 28, 1979, D.C. Law 3-22,  6, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100,  2(f), 35 DCR 1182; Feb. 18, 2017, D.C. Law 21-194,  2(f), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-915. 1973 Ed.,  6-825. Section References This section is referenced in  7-1703.01. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71706. Civil penalties. Any person who violates any provision of this subchapter, other than  8 of D.C. Law 3-22, by: (1) Smoking or using tobacco products in a posted "No Smoking" or "No Use of Tobacco Products" area or defacing or removing a "No Smoking" or "'No Use of Tobacco Products" sign, or failing to post warning signs as set forth in  7-1704(a) and (a-3) shall be assessed a civil fine of no less than $10 nor more than $50 for the 1st violation; and no less than $50 nor more than $100 for each 2nd or subsequent violation; or (2) Obscuring, removing, defacing, mutilating, or destroying a sign posted in accordance with the provisions of this subchapter shall be assessed a civil fine of no more than $300; or (3) Failing to post or cause to be posted "No Smoking" or "No Use of Tobacco Products" signs and by failing to warn a smoker or user of tobacco products observed to be smoking or using tobacco products in violation of this subchapter to stop doing so, as required by this subchapter, shall be assessed a civil fine of no more than $300. Each and every day that the violation continues shall constitute a separate violation, and the civil penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such civil penalties shall not be levied against an employee or officer of a branch, agency, or instrumentality of the District government.  (Sept. 28, 1979, D.C. Law 3-22,  7, 26 DCR 390; Oct. 5, 1985, D.C. Law 6-42,  411, 32 DCR 4450; Mar. 29, 1988, D.C. Law 7-100,  2(g), 35 DCR 1182; May 2, 1991, D.C. Law 8-262,  2(d), 37 DCR 8434; Dec. 13, 2013, D.C. Law 20-48,  2(d), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194,  2(g), 63 DCR 15012.)  Prior Codifications 1981 Ed.,  6-916. 1973 Ed.,  6-826. Effect of Amendments The 2013 amendment by D.C. Law 20-48 added Civil in the section heading; and rewrote the section. Emergency Legislation For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) repeal of D.C. Law 20-48,  4, see  7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 was repealed by  7007 of emergency D.C. Act 20-377, effective July 14, 2014, and by  7007 of emergency D.C. Act 20-449, effective Oct. 10, 2014. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155,  7007. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71707. Severability. If any provision of this subchapter, or its application to a particular person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter.  (Sept. 28, 1979, D.C. Law 3-22,  9, 26 DCR 390.)  Prior Codifications 1981 Ed.,  6-917. 1973 Ed.,  6-827. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71708. Exceptions. This subchapter shall not prohibit smoking in the following areas: (1) An area where smoking is permitted by any provision of this subchapter; (2) A tobacco shop or store primarily concerned with selling tobacco and smoking equipment; (3) Upon the stage by performers during the course of any theatrical performance if smoking is part of the theatrical production; (4) A tavern or nightclub as defined in  25-101(52) and (33), respectively; or (5) A room or hall that is used for private social functions, which includes weddings, banquets, and parties.  (Sept. 28, 1979, D.C. Law 3-22,  10; as added Mar. 29, 1988, D.C. Law 7-100,  2(h), 35 DCR 1182; Mar. 2, 2007, D.C. Law 16-191,  34, 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-918. Effect of Amendments D.C. Law 16-191, in par. (4), substituted  25-101(52) and (33) for  25-103(17) and (23). References in Text Section 25-103, referred to in paragraph (4) of this section, is part of Title 25, D.C. Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding  25-101. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71709. Tobacco smoking education and smoking cessation programs. The Mayor shall establish, in conjunction with the District of Columbia Commissioner of Public Health or any other agencies or departments of the District, a program to educate the general public on the issue of smoking and involuntary smoking, the health risks involved, and the requirements of this subchapter, explaining what the subchapter does and why it is important. The Mayor shall establish a smoking cessation program that provides free counseling, information, and whatever other assistance is deemed necessary by the District of Columbia Commissioner of Public Health for the purpose of assisting, upon request, persons residing in the District of Columbia to stop smoking tobacco products.  (Sept. 28, 1979, D.C. Law 3-22,  11; as added Mar. 29, 1988, D.C. Law 7-100,  2(i), 35 DCR 1182.)  Prior Codifications 1981 Ed.,  6-919. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71710. Smoking prohibitions pursuant to existing law. Nothing in this subchapter shall make lawful smoking in any place in which smoking is prohibited pursuant to  6-1401 et seq.,  35-251(b), or any other District of Columbia or federal law.  (Sept. 28, 1979, D.C. Law 3-22,  12; as added Mar. 29, 1988, D.C. Law 7-100,  2(j), 35 DCR 1182.)  Prior Codifications 1981 Ed.,  6-920. Delegation of Authority Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayors Order 90-192, December 13, 1990.
 71731. Distribution of free cigarettes prohibited; penalty. (a)(1) No person, agent, or employee of any person shall, in the course of doing business, distribute any free tobacco product to any person on any public street, public sidewalk, public park, playground, in a public building, other public property, or private property open to the public, except that tobacco products may be distributed at a tobacco store, a convention, or a conference catering to adults; provided, that no tobacco product shall be distributed to persons under 21 years of age. (2) For the purposes of this subsection, the term "tobacco product" shall have the same meaning as provided in  7-1721.01(1). (b) Any person who violates subsection (a) of this section shall, upon conviction, be fined not less than $250 for each violation.  (May 2, 1991, D.C. Law 8-262,  5, 37 DCR 8434; Feb. 18, 2017, D.C. Law 21-191,  3, 63 DCR 15003.)  Prior Codifications 1981 Ed.,  6-920.1. Applicability Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented. Applicability of D.C. Law 21-191:  5 of D.C. Law 21-191 provided that the change made to this section by  3 of D.C. Law 21-191 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see  2 and 3 of the Tobacco Settlement Model Emergency Act of 1999 (D.C. Act 13-109, June 30, 1999, 46 DCR 5769). For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see  2 and 3 of the Tobacco Settlement Model Congressional Review Emergency Act of 1999 (D.C. Act 13-139, September 28, 1999, 46 DCR 7963).
 71751. Definitions. For the purposes of this subchapter, the term: (1) Cigarette means any product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers for smoking. (2) Consumer testing means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing. (3) Fire-standard-compliant cigarette means a cigarette that: (A) Has been tested pursuant to this subchapter; and (B) Has met the performance standard required by this subchapter. (4) Manufacturer means any person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District directly or through an importer, wholesale dealer, or retail dealer, including any first purchaser that intends to resell cigarettes. (5) Quality control and quality assurance program means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and that maintain a repeatability value of no greater than 0.19. (6) Repeatability means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. (7) Retail dealer means any person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes. (8) Sale or selling means any transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration. (9) Wholesale dealer means any person, including a wholesale dealers agent, that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains one or more cigarette vending machines in the District of Columbia.  (May 13, 2008, D.C. Law 17-157,  2, 55 DCR 3703.)  Editor's Notes Section 9 of D.C. Law 17-157 provided that sections 2 through 7 shall apply as of July 1, 2008.
 71752. Prohibition on sale of cigarettes that are not fire-standard-compliant. No cigarette may be sold or offered for sale in the District of Columbia unless: (1) It has been tested in accordance with the test method specified in  7-1753(a)(2); (2) It meets the performance standard required by  7-1753(a)(4); (3) The manufacturer has filed a written certification with the Mayor, or the Mayors delegate, in accordance with  7-1754; and (4) It has been marked in accordance with  7-1754(b).  (May 13, 2008, D.C. Law 17-157,  3, 55 DCR 3703.) 
 71753. Test method and performance standard. (a) The test method and performance standard for cigarettes sold or offered for sale in the District of Columbia shall include the following: (1) A laboratory that conducts a test in accordance with this subsection shall implement a quality control and quality assurance program. (2) Except as provided in subsection (b) of this section, the testing of cigarettes by manufacturers and the District of Columbia to determine compliance with this subchapter shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard Test Method for Measuring the Ignition Strength of Cigarettes (ASTM Standard E2187-04). (3) The testing of cigarettes shall be conducted on 10 layers of filter paper. (4) No more than 25% of the cigarettes tested in a test trial shall exhibit full-length burns. (5) The performance standard required by this section shall only be applied to a complete test trial. (6) Forty replicate tests shall comprise a complete test trial for each cigarette tested. (b)(1) If the Mayor determines that cigarettes of a manufacturer cannot be tested in accordance with the test method described in subsection (a) of this section, the Mayor may approve a test method and performance standard proposed by the manufacturer, or other entity, that the Mayor determines are equivalent to and as effective as the test method and performance standard described in subsection (a) of this section. (2) Following approval by the Mayor of an alternate test method and a determination by the Mayor that the performance standard proposed by the manufacturer, or other entity, is equivalent to the performance standard described in subsection (a) of this section, the manufacturer may use that test method to meet the performance standard required by this subchapter for certification pursuant to  7-1754. (c) Each cigarette listed in a certification submitted pursuant to  7-1754 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least 2 bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.  (May 13, 2008, D.C. Law 17-157,  4, 55 DCR 3703.)  Section References This section is referenced in  7-1752 and  7-1754. Delegation of Authority Delegation of Authority pursuant to D.C. Law 17-157, the Fire-Standard-Compliant Cigarettes Act of 2008, see Mayors Order 2008-90, June 23, 2008 ( 55 DCR 9369).
 71754. Manufacturers certification. (a)(1) Each manufacturer shall submit written certification to the Mayor attesting that its cigarettes have been tested in accordance with this subchapter and meet the performance standard required under  7-1753. (2) The submission shall include a description of each cigarette being certified, including the: (A) Brand; (B) Style; (C) Length in millimeters; (D) Circumference in millimeters; (E) Flavor, if applicable; (F) Filter or non-filter; (G) Package description, such as a soft pack or box; and (H) Mark required pursuant to subsection (b) of this section. (3) Each cigarette certified under this subsection shall be recertified every 3 years. (b)(1) Packaging for certified fire-standard-compliant cigarettes shall be marked in 8-point type or larger to indicate that the cigarettes have been tested using the test method and meet the performance standard required by this subchapter. (2) The manufacturer shall use only one mark and the mark used shall consist of: (A) The letters FSC, which signify that the cigarette is fire-standard-compliant; or (B) Any mark approved for sale in New York or another state that has enacted fire-standard-compliance standards for cigarettes that include the test method and performance standard specified in  7-1753.  (May 13, 2008, D.C. Law 17-157,  5, 55 DCR 3703; Mar. 25, 2009, D.C. Law 17-353,  235, 56 DCR 1117.)  Section References This section is referenced in  7-1752,  7-1753, and  7-1756. Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(2)(A).
 71755. Manufacturers data retention and availability requirements. (a) A manufacturer shall: (1) Retain all data from testing conducted on cigarettes that are offered for sale in the District of Columbia pursuant to this subchapter for 3 years; and (2) Make the data available to the Mayor and the Attorney General for the District of Columbia upon written request to verify compliance with the performance standard required by this subchapter. (b) Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a penalty pursuant to  7-1756 for each day after the 60th day that the manufacturer does not make the copies available.  (May 13, 2008, D.C. Law 17-157,  6, 55 DCR 3703.) 
 71756. Penalties and remedies. (a)(1) A manufacturer or wholesale dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $10,000 for each violation and not to exceed $100,000 for all such violations during any 30-day period. (2) A retail dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $5,000 for each violation and not to exceed $25,000 for all such violations during any 30-day period. (3) Each day of violation shall constitute a separate violation and, unless provided otherwise by regulation, the prescribed penalty shall be applicable to each separate violation. (b) In addition to any penalty prescribed by subsection (a) of this section, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to  7-1754 shall be subject to a civil penalty of at least $75,000 and not to exceed $250,000 for each such false certification. (c) In addition to any other remedy provided by law, the Attorney General for the District of Columbia may file a civil action in the Superior Court of the District of Columbia for a violation of this subchapter, which may include a petition for injunctive relief and the recovery of costs or damages. (d)(1) Law enforcement personnel or duly authorized representatives of the Mayor may seize and take possession of cigarettes that have not been marked in the manner required by  7-1754(b). The seized cigarettes shall be turned over to the Attorney General for the District of Columbia, and shall be forfeited to the District of Columbia. (2) Cigarettes seized pursuant to this subsection shall be destroyed; provided, that before the destruction of any cigarette seized, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.  (May 13, 2008, D.C. Law 17-157,  7, 55 DCR 3703.)  Section References This section is referenced in  7-1755.
 71757. Rules; limitations. (a) No later than July 1, 2008, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter, including regulations regarding the conduct of random inspections of wholesale and retail dealers to ensure compliance with this subchapter. (b) This subchapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes. (c) Nothing in this subchapter shall be construed to prohibit: (1) Wholesale dealers or retail dealers from continuing to sell, on or after July 1, 2008, non-fire-standard-compliant cigarettes that were part of their inventories existing on or before July 1, 2008, if the wholesale dealer or retail dealer can establish that: (A) Tax stamps were affixed to the cigarettes before July 1, 2008; and (B) The inventory was purchased before July 1, 2008 in comparable quantity to the inventory purchased during the same period of the prior year; (2) The sale of cigarettes solely for the purpose of consumer testing; or (3) Any person or entity from manufacturing or selling cigarettes that are or will be stamped for sale in one of the various states or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in the District of Columbia.  (May 13, 2008, D.C. Law 17-157,  8, 55 DCR 3703.) 
 71801.01. Definitions. For the purpose of this subchapter, the term: (1) Adjusted for inflation means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) Affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms owns, is owned and ownership mean ownership of an equity interest, or the equivalent thereof, of 10% or more, and the term person means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (3) Allocable share means Allocable Share as that term is defined in the Master Settlement Agreement. (4) Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term cigarette includes roll-your-own (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of cigarette, 0.09 ounces of roll-your-own tobacco shall constitute one individual cigarette. (5) Master Settlement Agreement means the settlement agreement (and related documents) entered into on November 23, 1998 by the District of Columbia and leading United States tobacco product manufacturers. (6) Qualified escrow fund means an escrow arrangement with a federally, District of Columbia or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds principal except as consistent with  7-1801.02(2)(B). (7) Released claims means Released Claims as that term is defined in the Master Settlement Agreement. (8) Releasing parties means Releasing Parties as that term is defined in the Master Settlement Agreement. (9)(A) Tobacco Product Manufacturer means an entity that after June 30, 1999 directly (and not exclusively through any affiliate): (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where the importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of section II(mm) of the Master Settlement Agreement and that pays the taxes specified in section II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in sub-subparagraphs (i) or (ii) of the subparagraph. (B) The term Tobacco Product Manufacturer shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of subparagraph (A)(i)-(iii) of this paragraph. (10) Units sold means the number of individual cigarettes sold in the District of Columbia by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the District of Columbia on packs (or roll-your-own tobacco containers) bearing the excise tax stamp of the District of Columbia. The Mayor shall promulgate such regulations as are necessary to ascertain the amount of District of Columbia excise tax paid on the cigarettes of such tobacco product manufacturer for each year.  (July 18, 2000, D.C. Law 13-139,  2, 47 DCR 3426.)  Section References This section is referenced in  7-1803.01 and  7-1803.02. Emergency Legislation For temporary (90-day) addition of section, see  2 of the Tobacco Settlement Model Congressional Review Emergency Act of 2000 (D.C. Act 13-341, May 9, 2000, 47 DCR 4661).
 71801.02. Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the District of Columbia (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after June 30, 1999 shall do one of the following: (1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or (2)(A) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation): (i) 1999: $.0094241 per unit sold after June 30, 1999; (ii) 2000: $.0104712 per unit sold; (iii) For each of 2001 and 2002: $.0136125 per unit sold; (iv) For each 2003 through 2006: $.0167539 per unit sold; and (v) For each of 2007 and each year thereafter: $.0188482 per unit sold. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances: (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the District of Columbia or any releasing party located or residing in the District of Columbia. Funds shall be released from escrow under this subparagraph in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the District of Columbia in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of the Master Settlement Agreement, including after final determination of all adjustments that the manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to the tobacco product manufacturer; or (iii) To the extent not released from escrow under sub-subparagraphs (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (C)(i) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph shall annually certify to the Chief Financial Officer of the District of Columbia that it is in compliance with this paragraph. The Corporation Counsel may bring a civil action on behalf of the District of Columbia against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall: (I) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this paragraph, may impose a civil penalty in an amount not to exceed 5% of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100% of the original amount improperly withheld from escrow; (II) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300% of the original amount improperly withheld from escrow; and (III) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the District of Columbia (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed 2 years. (ii) Each failure to make an annual deposit required under this section shall constitute a separate violation. (D) If the District of Columbia prevails in a civil suit brought under subparagraph (C) of this paragraph, it shall also be entitled to attorneys fees, plus the costs of the action.  (July 18, 2000, D.C. Law 13-139,  3, 47 DCR 3426; Oct. 18, 2005, D.C. Law 16-30,  2, 52 DCR 8105.)  Section References This section is referenced in  7-1801.01,  7-1803.03, and  7-1803.05. Effect of Amendments D.C. Law 16-30 rewrote par. (2)(B)(ii) which had read as follows: (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the District of Columbias allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or. Emergency Legislation For temporary (90-day) addition of section, see  3 of the Tobacco Settlement Model Congressional Review Emergency Act of 2000 (D.C. Act 13-341, May 9, 2000, 47 DCR 4661). Editor's Notes Section 3 of D.C. Law 16-30 provided: If this act, or any portion of the amendment to section 3(2)(B)(ii) made by this act, is held by a court of competent jurisdiction to be unconstitutional, then such section 3(2)(B)(ii) shall be deemed to be repealed in its entirety. If section 3(2)(B) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then this act shall be deemed repealed, and section 3(2)(B)(ii) be restored as if no such amendment had been made. Neither any holding of unconstitutionality nor the repeal of section 3(2)(B)(ii) shall affect, impair, or invalidate any other portion of the Tobacco Settlement Model Act of 2000, or the application of the Act to any other person or circumstance, and such remaining portions of the Act shall at all times continue in full force and effect.
 71803.01. Findings and purpose. The Council finds that violations of part A of this subchapter threaten the integrity of the tobacco Master Settlement Agreement, as defined in  7-1801.01, the fiscal soundness of the District, and the public health and that enacting the procedural enhancements set forth in this part will aid in the enforcement of part A of this subchapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the District, and the public health.  (Apr. 22, 2004, D.C. Law 15-150,  2, 51 DCR 2809.) 
 71803.02. Definitions. For the purposes of this part, the term: (1) Brand Family means all styles of cigarettes sold under the same trademark and differentiated from one another by additional modifiers or descriptors, including menthol, lights, kings, and 100s, and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. (2) Cigarette has the same meaning as in  7-1801.01(4). (3) Master Settlement Agreement has the same meaning as in  7-1801.01(5). (4) Non-participating Manufacturer means any Tobacco Product Manufacturer that is not a Participating Manufacturer. (5) Participating Manufacturer has the meaning given that term in Section II(jj) of the Master Settlement Agreement and all amendments to it. (6) Qualified Escrow Fund has the same meaning as that term is defined in  7-1801.01(6). (7) Tobacco Product Manufacturer has the same meaning as that term is defined in  7-1801.01(9). (8) Units Sold has the same meaning as that term is defined in  7-1801.01(10). (9) Wholesaler means a wholesaler licensed under  47-2404(b)(1).  (Apr. 22, 2004, D.C. Law 15-150,  3, 51 DCR 2809.) 
 71803.03. Certifications; directory; tax stamps. (a) Every Tobacco Product Manufacturer whose cigarettes are sold in the District whether directly or through a wholesaler, retailer, or similar intermediary shall execute and deliver on a form prescribed by the Mayor, a certification to the Mayor, no later than the April 13th of each year, certifying under penalty of perjury that, as of the date of such certification, the Tobacco Product Manufacturer is a Participating Manufacturer or is in full compliance with  7-1801.02(2), including all quarterly installment payments required by regulations promulgated pursuant to  7-1803.05(e); and: (1) A Participating Manufacturer shall include in its certification a list of its Brand Families, which shall be updated 30 days prior to any addition to or modification of its Brand Families by executing and delivering a supplemental certification to the Mayor. (2)(A) A Non-Participating Manufacturer shall include in its certification the following information: (i) A list of all of its Brand Families and the number of Units Sold for each Brand Family that were sold in the District during the preceding calendar year; (ii) A list of all of its Brand Families that have been sold in the District at any time during the current calendar year; (iii) Indicating, by an asterisk, any Brand Family sold in the District of Columbia during the preceding calendar year that is no longer being sold in the District of Columbia as of the date of such certification; (iv) Identifying by name and address, any other manufacturer of such Brand Families in the preceding or current calendar year; (v) That it is registered to do business in the District or has appointed a resident agent for service of process and provided notice thereof as required by  7-1803.04; (vi) That it has established and continues to maintain a Qualified Escrow Fund, and that it has executed a qualified escrow agreement, which shall govern the Qualified Escrow Fund, that has been reviewed and approved by the Mayor; (vii) That it is in full compliance with  7-1801.02(2), this part, and any regulations promulgated pursuant to part A of this subchapter and this part; (viii) The name, address, and telephone number of the financial institution where the Non-Participating Manufacturer has established such Qualified Escrow Fund required pursuant to  7-1801.02(2) and all regulations promulgated pursuant to part A of this subchapter; (ix) The account number of the Qualified Escrow Fund and any sub-account number for the District; (x) The amount the Non-Participating Manufacturer has placed in the fund for cigarettes sold in the District during the preceding calendar year, including the date and amount of each deposit, and such evidence or verification as may be deemed necessary by the Mayor to confirm this information; and (xi) The amount and date of any withdrawal or transfer of funds the Non-Participating Manufacturer has made at any time from the fund or from any other Qualified Escrow Fund into which it ever made escrow payments pursuant to  7-1801.02(2) and all regulations promulgated pursuant to part A of this subchapter. (B) The Non-Participating Manufacturer shall update the lists required by this paragraph 30 calendar days prior to any addition to or modification of its Brand Families by executing and delivering a supplemental certification to the Mayor. (3)(A) A Tobacco Product Manufacturer may not include a Brand Family in its certification unless: (i) In the case of a Participating Manufacturer, the Participating Manufacturer affirms that the Brand Family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and (ii) In the case of a Non-Participating Manufacturer, the Non-Participating Manufacturer affirms that the Brand Family is to be deemed to be its cigarettes for purposes of part A of this subchapter. (B) Nothing in this section shall be construed as limiting or otherwise affecting the District of Columbias right to maintain that a Brand Family constitutes cigarettes of a different Tobacco Product Manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of  7-1801.02(2). (4) Tobacco Product Manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for the required certification for a period of 5 years, unless required by law to maintain them for a greater period of time. (b) Not later than 150 days after April 22, 2004, the Mayor shall develop and make available for public inspection a directory (Directory) listing all Tobacco Product Manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) of this section and of all Brand Families that are listed in the certifications; provided, that: (1) The Mayor shall not include or retain in the Directory the name or Brand Families of any Non-Participating Manufacturer that has failed to provide the required certification or whose certification the Mayor determines is not in compliance with subsection (a)(2) of this section, unless the Mayor has determined that the violation has been cured to the satisfaction of the Mayor. (2) Neither a Tobacco Product Manufacturer nor Brand Family shall be included or retained in the Directory if the Mayor concludes, in the case of a Non-Participating Manufacturer, that: (A) Any escrow payment required pursuant to  7-1801.02(2) for any period for any Brand Family, whether or not listed by such Non-Participating Manufacturer, has not been fully paid into a Qualified Escrow Fund governed by a qualified escrow agreement that has been approved by the Mayor; or (B) Any outstanding final judgment, including interest, for a violation of  7-1801.02(2) has not been fully satisfied for the Brand Family or the manufacturer. (3)(A) The Mayor shall update the Directory as necessary in order to correct mistakes and to add or remove a Tobacco Product Manufacturer or Brand Family to keep the Directory in conformity with the requirements of this part and shall post in the Directory notice of any removal from the Directory of a Tobacco Product Manufacturer or Brand Family at least 30 days prior to removal from the Directory of the Tobacco Product Manufacturer or Brand Family; and unless otherwise provided by agreement between: (i) A Wholesaler and a Tobacco Product Manufacturer, the Wholesaler shall be entitled to a refund from a Tobacco Product Manufacturer for any money paid by the Wholesaler to the Tobacco Product Manufacturer for any cigarettes of the Tobacco Product Manufacturer in the possession of the Wholesaler on the effective date of removal from the Directory, or as subsequently received from a retail dealer as provided herein, of that Tobacco Product Manufacturer or Brand Family of cigarettes. (ii) A retail dealer and a Wholesaler, a retail dealer shall be entitled to a refund from a Wholesaler or a Tobacco Product Manufacturer for any money paid by the retail dealer to such Wholesaler or Tobacco Product Manufacturer for any cigarettes of the Tobacco Product Manufacturer still in the possession of the retail dealer on the effective date of removal from the Directory of that Tobacco Product Manufacturer or Brand Family of cigarettes. (B) The Mayor shall not restore to the Directory the Tobacco Product Manufacturer or the Brand Family until the Tobacco Product Manufacturer has paid the Wholesaler or retail dealer any refund due. (4) Every Wholesaler shall provide and update as necessary an electronic mail address to the Mayor for the purpose of receiving any notifications as may be required by this part. (c) It shall be unlawful for any person to: (1) Affix a stamp to a package or other container of cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory, or (2) Sell, offer, or possess for sale, in the District, or import for personal consumption in the District, cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory.  (Apr. 22, 2004, D.C. Law 15-150,  4, 51 DCR 2809.)  Section References This section is referenced in  7-1803.05,  7-1803.06,  7-1803.07, and  47-2402.
 71803.04. Agent for service of process. (a)(1) Any non-resident or foreign Non-Participating Manufacturer that has not registered to do business in the District as a foreign corporation or business entity shall, prior to having its Brand Families included or retained in the Directory, appoint and continually engage without interruption the services of an agent in the District to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this part or part A of this subchapter, may be served in any manner authorized by law and which shall constitute legal and valid service of process on the Non-Participating Manufacturer. (2) The Non-Participating Manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to, and to the satisfaction of, the Mayor. (b)(1) The Non-Participating Manufacturer shall provide notice to the Mayor 30 calendar days prior to termination of the authority of an agent and shall further provide proof, to the satisfaction of the Mayor, of the appointment of a new agent no less than 5 calendar days prior to the termination of an existing agent appointment. (2) If an agent terminates an agency appointment, the Non-Participating Manufacturer shall notify the Mayor of the termination within 5 calendar days and shall include proof, to the satisfaction of the Mayor, of the appointment of a new agent.  (Apr. 22, 2004, D.C. Law 15-150,  5, 51 DCR 2809.)  Section References This section is referenced in  7-1803.03.
 71803.05. Reporting of information; escrow installments. (a) Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Mayor, each Wholesaler shall submit such information as the Mayor requires to facilitate compliance with this part, including a list, by Brand Family, of the total number of cigarettes, or, in the case of roll your own, the equivalent stick count, for which the Wholesaler affixed stamps during the previous calendar quarter or otherwise paid the tax due for such cigarettes. The Wholesaler shall maintain, and make available to the Mayor, all invoices and documentation of sales of all Non-Participating Manufacturer cigarettes and any other information relied upon in reporting to the Mayor for a period of 5 years. (b) The Attorney General is authorized to disclose any information to the Mayor received under this part and requested by the Mayor for purposes of determining compliance with and enforcing the provisions of this part. The Attorney General and the Mayor shall share with each other the information received under this part, and may share such information with other federal, state, District, or local agencies only for purposes of enforcement of this part, part A of this subchapter, or corresponding laws of other jurisdictions. The Attorney General may also disclose the information received under this part with the data clearinghouse created to implement the term sheet agreed to by the District and Participating Manufacturers, and given effect by a March 12, 2013, arbitral award. (c) The Mayor may require, at any time, from the Non-Participating Manufacturer, proof from the financial institution in which the Manufacturer has established a Qualified Escrow Fund, for the purpose of compliance with  7-1801.02(2), of the amount of money in the fund, exclusive of interest, the amount and date of each deposit to the fund, and the amount and date of each withdrawal from the fund. (d) In addition to the information required to be submitted pursuant to this part, the Mayor may require a Wholesaler or Tobacco Product Manufacturer to submit any additional information, including samples of the packaging or labeling of each Brand Family, as is necessary to enable the Mayor to determine whether a Tobacco Product Manufacturer is in compliance with this part. (e) To promote compliance with this part, the Mayor may promulgate regulations requiring a Tobacco Product Manufacturer, subject to the requirements of  7-1803.03(a)(2), to make the escrow deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Mayor may require production of information sufficient to enable the Mayor to determine the adequacy of the amount of the installment deposit.  (Apr. 22, 2004, D.C. Law 15-150,  6, 51 DCR 2809; Feb. 26, 2015, D.C. Law 20-155,  5122, 61 DCR 9990.)  Section References This section is referenced in  7-1803.03,  7-1803.06, and  7-1803.07. Effect of Amendments The 2015 amendment by D.C. Law 20-155, in (b), substituted Attorney General for Corporation Counsel throughout, and added the last sentence. Emergency Legislation For temporary (90 days) amendment of this section, see  2 of the Tobacco Product Manufacturer Reserve Fund Emergency Amendment Act of 2014 (D.C. Act 20-294, March 14, 2014, 61 DCR 2437). For temporary (90 days) amendment of this section, see  5132 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5122 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5122 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Temporary Legislation For temporary (225 days) amendment of this section, see  2 of the Tobacco Product Manufacturer Reserve Fund Temporary Amendment Act of 2014 (D.C. Law 20-116, June 21, 2014, 61 DCR 4677).
 71803.06. Penalties and other remedies. (a)(1) In addition to, or in lieu of, any other civil or criminal remedy provided by law, upon a determination that any person has violated  7-1803.03(c) or any regulation adopted pursuant to this part, the Mayor may revoke or suspend the license of the Wholesaler in the manner provided by  47-2404(f). (2) Each stamp affixed and each sale or offer to sell cigarettes in violation of  7-1803.03(c) shall constitute a separate violation. Pursuant to Chapter 18 of Title 2, the Mayor may also impose a civil fine in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000 for any violation of  7-1803.03(c) or any regulations adopted pursuant to this part. (b) Any cigarettes that have been sold, offered for sale, or possessed for sale, in the District, or imported for personal consumption in the District, in violation of  7-1803.03(c) shall be deemed contraband under  47-2405(b) and the cigarettes shall be subject to seizure and forfeiture as provided in  47-2409; provided, that all such cigarettes so seized and forfeited shall be destroyed and not resold. (c) The Corporation Counsel, on behalf of the District, may seek an injunction to restrain a threatened or actual violation of  7-1803.03(c),  7-1803.05(a), or  7-1803.05(d) by a Wholesaler and compel the Wholesaler to comply with the subsections. (d)(1) It shall be unlawful for a person to: (A) Sell or distribute cigarettes, or (B) Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the District in violation of  7-1803.03(c). (2) A violation of this subsection shall, upon conviction, be punishable by a fine of not more than $5,000 or imprisonment of not more than 1 year, or both. Prosecutions for violations of this subsection shall be brought in Superior Court of the District of Columbia in the name of the District by the Corporation Counsel.  (Apr. 22, 2004, D.C. Law 15-150,  7, 51 DCR 2809.) 
 71803.07. Miscellaneous provisions. (a) A determination of the Mayor to not include or to remove from the Directory a Brand Family or Tobacco Product Manufacturer shall be subject to review in the manner prescribed by subchapter I of Chapter 5 of Title 2. (b) No person shall be issued a license or granted a renewal of a license to act as a Wholesaler unless that person has certified in writing, under penalty of perjury, that he or she will comply fully with this part. (c) The first report of Wholesalers required by  7-1803.05(a) shall be due 45 calendar days after April 22, 2004; the certifications by a Tobacco Product Manufacturer described in  7-1803.03(a) shall be due 45 calendar days after April 22, 2004; and the Directory described in  7-1803.03(b) shall be published or made available within 150 calendar days after April 22, 2004. (d) The Mayor may promulgate regulations necessary to effect the purposes of this part. (e) In any action brought by the District to enforce this part, the District shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees. (f) If a court determines that a person has violated this part, the court shall order any profits, gain, gross receipts, or other benefit derived from the violation to be disgorged and paid to the District. Unless otherwise expressly provided, the remedies or penalties provided by this part are cumulative to each other and to the remedies or penalties available under all other laws of the District. (g)(1) If a court of competent jurisdiction finds that the provisions of this part and of part A of this subchapter conflict and cannot be harmonized, then the provisions of part A of this subchapter shall control. (2)(A) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this part causes part A of this subchapter to no longer constitute a Qualifying or Model Statute, as those terms are defined in the Master Settlement Agreement, then that portion of this part shall not be valid. (B) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this part is for any reason held to be invalid, unlawful, or unconstitutional, that holding shall not affect the validity of the remaining portions of this part or any part of this part.  (Apr. 22, 2004, D.C. Law 15-150,  8, 51 DCR 2809; Apr. 13, 2005, D.C. Law 15-354,  16, 52 DCR 2638.)  Effect of Amendments D.C. Law 15-534, in subsec. (g)(2)(A), validated a previously made technical correction.
 71811.01. Establishment of Tobacco Settlement Trust Fund. (a)(1) There is established a trust fund designated as the Tobacco Settlement Trust Fund (Fund), to which shall be credited, without regard to fiscal year limitation: (A) All revenue owed and accruing to the District from the payments under the tobacco litigation settlement agreement entered into on November 23, 1998 by the District of Columbia and leading United States tobacco product manufacturers (Settlement Agreement), except: (i) The first $16.05 million recognized as general fund revenue and already included in the base budget in Fiscal Year 2000; (ii) All payments under the Settlement Agreement sold to the District of Columbia Tobacco Settlement Financing Corporation under  7-1831.02; and (iii) All payments under the Residual Bond sold to the District of Columbia Tobacco Settlement Financing Corporation under  7-1831.02; (B) If the Residual Bond has not been sold by the Fund, all payments received with respect to the Residual Interest, as the term is defined in  7-1831.01(7); (B-i) If the Residual Bond has been sold by the Fund, all payments received under the Remainder Certificate, if any; and (C) All other funds which are directed to be deposited into the Fund by law, which shall include funds to be deposited into a Reservation 13 Benefit Area (R13BA) Health Care account (R13BA fund) pursuant to Chapter 15 of Title 10. (2) The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available, subject to authorization by Congress in an appropriations act. (b) The Fund shall be managed by the Office of the Chief Financial Officer. (c) The Fund shall have the power to indemnify or insure members of the board and officers of the Fund as it determines appropriate.  (Oct. 20, 1999, D.C. Law 13-38,  2302, 46 DCR 6373; Oct. 19, 2000, D.C. Law 13-172,  3721(a), 47 DCR 6308; Apr. 11, 2003, D.C. Law 14-300,  7(b)(1), 50 DCR 406; Feb. 6, 2004, D.C. Law 15-69,  3(a), 50 DCR 9824; Apr. 13, 2005, D.C. Law 15-354,  89(b), 52 DCR 2638; July 25, 2006, D.C. Law 16-142,  2(a), 53 DCR 4412; Mar. 25, 2009, D.C. Law 17-353,  119, 56 DCR 1117; May 2, 2015, D.C. Law 20-271,  255(a), 62 DCR 1884.)  Section References This section is referenced in  7-1932. Effect of Amendments D.C. Law 13-172 rewrote this section, which previously read: Establishment of Tobacco Settlement Trust Fund. (a) There is established within the General Fund of the District of Columbia, a trust fund designated as the Tobacco Settlement Trust Fund (Fund), to which shall be credited, without regard to fiscal year limitation, all revenue owed and accruing to the District from the proceeds of the tobacco litigation settlement, except for the first $16.05 million recognized as general fund revenue and already included in the base budget in FY 2000, and except for the second $16.05 million which is allocated first to the reserve to replace funds allocated from the reserve to the fund pursuant to title XX of this act. The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available, subject to authorization by Congress in an appropriations act. (b) Tobacco settlement monies received, or deposited into the Fund shall be used for the purposes set forth in legislation adopted by the Council. D.C. Law 14-300, in subsec. (a)(1)(C), substituted by law, which shall include funds to be deposited into a Reservation 13 Benefit Area (R13BA) Hospital account or R13BA Health Care account (collectively, R13BA funds) pursuant to Chapter 15 of Title 10 for by law. D.C. Law 15-69, in subpar. (1)(C) of subsec. (a), substituted Health Care account (R13BA fund) for Hospital account or R13BA Health Care account (collectively, R13BA funds), and made a technical correction that required no change in the text. D.C. Law 15-354, in subsec. (a)(1)(C), validated a previously made technical correction. D.C. Law 16-142, in subpar. (a)(1)(A)(i), substituted a semicolon for ; and; in subpar. (a)(1)(A)(ii), substituted  7-1831.02; and for  7-1831.02;; added subpars. (a)(1)(A)(iii) and (a)(1)(B-i); added subsec. (c); and rewrote subpar. (a)(1)(B), which had read as follows: (B) All payments received with respect to the Residual Interest, as the term is defined in  7-1831.01(7); and D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(1)(B). The 2015 amendment by D.C. Law 20-271 substituted Office of the Chief Financial Officer for Board of Trustees of the Tobacco Settlement Trust Fund established under  7-1811.02 in (b). Emergency Legislation For temporary (90-day) addition of section, see  2302 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320). For temporary (90-day) amendment of section, see  3721(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90-day) authorization for use of fund for certain bonus payments, see  2 of the Funding for Compensation Units 1 and 2 Bonus Payment Authorization Emergency Act of 1999 (D.C. Act 13-211, December 14, 1999, 46 DCR 10476). For temporary (90 day) amendment of section, see  3721(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). For temporary (90 day) amendment of section, see  2(d)(1) of Draft Master Plan for Public Reservation 13 Emergency Amendment Act of 2003 (D.C. Act 15-13, January 27, 2003, 50 DCR 1488). For temporary (90 day) amendment of section, see  3(a) of Draft Master Plan for Public Reservation 13 Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-273, December 18, 2003, 51 DCR 40). For temporary (90 days) amendment of this section, see  255(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807). For temporary (90 days) amendment of this section, see  255(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). Temporary Legislation For temporary (225 day) amendment of section, see  2(d)(1) of Draft Master Plan for Public Reservation 13 Temporary Amendment Act of 2003 (D.C. Law 15-3, May 3, 2003, law notification 50 DCR 3783). Short Title Section 2301 of D.C. Law 13-38 provided: This title may be cited as the Tobacco Settlement Trust Fund Establishment Act of 1999.
 71811.02. Board of Trustees of the Tobacco Settlement Trust Fund. [Repealed] Repealed.  (Oct. 20, 1999, D.C. Law 13-38,  2302a; as added Oct. 19, 2000, D.C. Law 13-172,  3721(b), 47 DCR 6308; June 5, 2003, D.C. Law 14-307,  402(a), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39,  1504(a), 50 DCR 5668; Oct. 20, 2005, D.C. Law 16-33,  1036, 52 DCR 7503; July 25, 2006, D.C. Law 16-142,  2(b), 53 DCR 4412; May 2, 2015, D.C. Law 20-271,  255(b), 62 DCR 1884.)  Section References This section is referenced in  7-1811.01 and  7-1811.03. Effect of Amendments D.C. Law 15-39, in subsec. (e)(2), substituted Fiscal Year 2004 shall not exceed $10,000. for fiscal year 2003 shall not exceed $1,000. D.C. Law 14-307 rewrote subsec. (e)(2); in subsec. (g), added par. (3); and rewrote subsec. (h)(2). D.C. Law 16-33, in subsec. (d), substituted Once funds are deposited into the Fund, the Board shall meet for The Board shall meet. D.C. Law 16-142, in subsec. (d), substituted year for quarter. Emergency Legislation For temporary (90-day) addition of section, see  3721(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) amendment of section, see  3721(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). For temporary (90 day) amendment of section, see  402(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700). For temporary (90 day) amendment of section, see  402(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151). For temporary (90 day) amendment of section, see  402(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499). For temporary (90 day) amendment of section, see  1504(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see  1504(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). For temporary (90 day) amendment of section, see  1036 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 days) repeal of this section, see  255(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807). For temporary (90 days) repeal of this section, see  255(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). Short Title Short title of subtitle H of title I of Law 16-33: Section 1035 of D.C. Law 16-33 provided that subtitle H of title I of the act may be cited as the Tobacco Settlement Trust Fund Board of Trustees Meetings Amendment Act of 2005. Editor's Notes Section 1505 of D.C. Law 15-39 provided: Sec. 1505. Applicability. Section 1504(a) shall apply as of October 1, 2003.
 71811.03. Allocation of funds. (a)(1) Beginning in Fiscal Year 2001, the funds which shall be appropriated and deposited in the Fund shall be allocated and used as provided in subsection (b) of this section. (2) Within 15 business days of the sale of the Districts right in and to the Master Settlement Agreement to the District of Columbia Tobacco Financing Settlement Corporation under  7-1831.02, the Chief Financial Officer shall certify, for each year, the debt service savings that the District will achieve as a result of the sale. (3) Beginning in Fiscal Year 2002, the Chief Financial Officer shall certify to the Council that the Mayor has included in the budget and financial plan the transfer to the Fund in the amount of the savings for that year. (4) The amount of the savings which are appropriated for deposit into the Fund shall be deposited into the Fund in equal quarterly installments which shall be paid at the end of each quarter of the fiscal year. (b) The funds of the Fund shall be used as follows: (1) Fifty percent of the sum of the residual interest plus the annual savings from debt defeasance or prepayment shall be spent for purposes specified in local law; (2) Fifty percent of the sum of the residual interest plus the annual savings from debt defeasance or prepayment shall be invested by the Board in accordance with the standards of  7-1811.02(h)(1); (3) All of the investment earnings of the Fund shall be reinvested by the Board in accordance with the standards of  7-1811.02(h)(1); (4) Any funds not spent in accordance with paragraph (1) of this subsection shall be invested in accordance with paragraph (2) of this subsection; (5)(A) All residual funds accumulated from fiscal years 2001 and 2002 shall be allocated to the General Fund during Fiscal Year 2003. Beginning October 1, 2002 through September 30, 2004, 100% of the residual shall be spent for purposes specified in local law. For Fiscal Year 2003, 100% of the residual shall be transferred to the General Fund, and 100% of the annual savings from debt defeasance and prepayment, after being reduced by $1 million to be allocated to the General Fund, shall be allocated to the Medicaid and Special Education Reform Fund (Reform Fund) established by  4-204.53. For Fiscal Year 2004, 100% of the residual shall be transferred to the General Fund, and 100% of the annual savings from debt defeasance and prepayment shall be allocated to the Reform Fund. Funds deposited in the Reform Fund shall be disbursed to the Department of Human Services, the Child and Family Services Agency, the Department of Mental Health, the Department of Health, and the District of Columbia Public Schools only for spending pressures associated with the Medicaid, Medicare, Foster Care and Adoption Assistance, and Special Education programs and in accordance with  4-204.55. For fiscal year 2005, 100% of the residual and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Commencing in fiscal year 2006, 100% of the residual (unless the Residual Bond has been sold) and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Unless the Residual Bond has been sold by the Fund, the Council may direct all or a portion of the residual to be transferred to the Fund. (B) For the purposes of this paragraph, the term: (i) Foster Care and Adoption Assistance means the programs authorized by Part E of Title IV of the Social Security Act, approved June 17, 1980 (94 Stat. 501; 42 U.S.C.  670 et seq.). (ii) Medicaid means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C.  1396 et seq.), or by  1-307.02, and administered by the Department of Health. (iii) Medicare means the health insurance programs authorized by Title XVIII of the Social Security Act, approved July 30, 1965 (79 Stat. 290; 42 U.S.C.  1395 et seq.). (iv) Special Education means services provided under  38-2501 [repealed] to students who are classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C.  1401(a)(1)), or in section 7(8) of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 359; 29 U.S.C.  706(8)). (6) Beginning October 1, 2002, $16,627,000 of programming funds shall be reinvested by the Board. (7) If the Residual Bond has been sold by the Fund, 100% of the residual shall be payable to the Corporation for so long as the Bonds issued to purchase the Residual Bond are Outstanding. (c) The R13BA fund, including all accrued interest, shall be used as follows: (1) To fund infrastructure improvements related to a proposed development within the R13BA; (2) To provide health care to the uninsured residents of the District; and (3) For administrative support in the provision of health care to the uninsured. (d) For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and repayment of outstanding indebtedness issued for certain capital projects and other undertakings of the District, the Fund may sell to the Corporation all of the Funds right, title, and interest in and to the Residual Bond, including all the moneys, and any interest thereon, payable to or received by the Fund, in exchange for: (1) A cash payment in the amount of the net sales proceeds of the Bonds (other than the Residual Bond); and (2) The Remainder Certificate, if any. (e) Subject to the authorization and restrictions of this subchapter, the terms and conditions of the Residual Bond Purchase Agreement shall be determined by the Mayor, which determination shall be conclusively evidenced by his execution of the Residual Bond Purchase Agreement. The Mayor may execute and deliver any administrative or other documents or agreements that are necessary or desirable relating to the sale of the Funds right, title, and interest in and to the Residual Bond or in connection with the issuance of the Bonds. Proceeds from the sale of the Bonds and other moneys received by the Corporation pursuant to the Residual Bond Purchase Agreement shall be used to repay certain outstanding indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, to pay costs of issuance of the Bonds, to establish and fund reserve funds, and to pay other expenses and fees related to the issuance of the Bonds.  (Oct. 20, 1999, D.C. Law 13-38,  2303b; as added Oct. 19, 2000, D.C. Law 13-172,  3721(c), 47 DCR 6308; Oct. 1, 2002, D.C. Law 14-190,  702, 49 DCR 6968; Apr. 11, 2003, D.C. Law 14-300,  7(b)(2), 50 DCR 406; June 5, 2003, D.C. Law 14-307,  402(b), 49 DCR 11664; June 12, 2003, D.C. Law 14-310,  5, 50 DCR 1092; Nov. 13, 2003, D.C. Law 15-39,  1504(b), 50 DCR 5668; Feb. 6, 2004, D.C. Law 15-69,  3(b), 50 DCR 9824; Mar. 13, 2004, D.C. Law 15-105,  46, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205,  5102, 51 DCR 8441; July 25, 2006, D.C. Law 16-142,  2(c), 53 DCR 4412.)  Section References This section is referenced in  4-204.55. Effect of Amendments D.C. Law 14-190, in subsec. (b), made nonsubstantive changes to pars. (3) and (4), and added pars. (5) and (6). D.C. Law 14-300 added subsec. (c). D.C. Law 14-307, in subsec. (b), rewrote the introductory language of subpar. (5)(A), and rewrote sub-subpars. (5)(A)(i) and (5)(A)(ii). D.C. Law 14-310 made a technical correction which did not change the text. D.C. Law 15-39 rewrote subsec. (b)(5). D.C. Law 15-69 rewrote subsec. (c). D.C. Law 15-105, in subsec. (b)(4), validated a previously made technical correction. D.C. Law 15-205, in subpar. (A) of par. (5) of subsec. (b), added at the end For fiscal years 2005 through 2008, 100% of the residual and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. D.C. Law 16-142, in subpar. (b)(5)(A), substituted For fiscal year 2005, for For fiscal years 2005 through 2008, and added Commencing in fiscal year 2006, 100% of the residual (unless the Residual Bond has been sold) and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Unless the Residual Bond has been sold by the Fund, the Council may direct all or a portion of the residual to be transferred to the Fund. to the end; and added par. (b)(7) and subsecs. (d) and (e). Emergency Legislation For temporary (90-day) addition of section, see  3721(c) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) amendment of section, see  3721(c) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). For temporary (90 day) amendment of section, see  702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). For temporary (90 day) amendment of section, see  402(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700). For temporary (90 day) amendment of section, see  2(d)(2) of Draft Master Plan for Public Reservation 13 Emergency Amendment Act of 2003 (D.C. Act 15-13, January 27, 2003, 50 DCR 1488). For temporary (90 day) amendment of section, see  402(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151). For temporary (90 day) amendment of section, see  402(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499). For temporary (90 day) amendment of section, see  1504(b) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see  1504(b) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). For temporary (90 day) amendment of section, see  3(b) of Draft Master Plan for Public Reservation 13 Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-273, December 18, 2003, 51 DCR 40). For temporary (90 day) amendment of section, see  5102 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see  5102 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). Temporary Legislation For temporary (225 day) amendment of section, see  2(d)(2) of Draft Master Plan for Public Reservation 13 Temporary Amendment Act of 2003 (D.C. Law 15-3, May 3, 2003, law notification 50 DCR 3783). Short Title Short title of title VII of Law 14-190: Section 701 of D.C. Law 14-190 provided that title VII of the act may be cited as the Tobacco Settlement Savings Fund Amendment Act of 2002. Short title of subtitle A of title V of Law 15-205: Section 5101 of D.C. Law 15-205 provided that subtitle A of title V of the act may be cited as the Tobacco Trust Fund Amendment Act of 2004.
 71831.01. Definitions. For the purposes of this subchapter, the term: (1) Bonds means the taxable or tax-exempt revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), which may be issued on a senior or subordinate basis and would include any instrument evidencing the Corporations obligations relating to the Residual Interest, authorized to be issued by the Corporation pursuant to this subchapter. (2) Corporation means the District of Columbia Tobacco Settlement Financing Corporation established by  7-1831.03. (3) District means the District of Columbia. (4) Master Settlement Agreement means the settlement agreement (and related documents), as may be amended from time to time, entered into on November 23, 1998 by the District and leading United States tobacco product manufacturers. (5) Purchase Agreement means a contract, as authorized under  7-1831.03, between the Corporation and the District, under which the District sells to the Corporation all of the Districts right, title, and interest in and to the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the District thereunder (except for the first payment of $16.05 million which has already been received by the District), in exchange for a cash payment from the net proceeds of the sale of the Bonds (other than the Residual Bond), the Residual Bond, and the agreement of the Corporation to repay certain indebtedness of the District. (5A) Remainder Certificate means a certificate evidencing an interest in the payments to be made under the Residual Bond after payment in full of all outstanding Bonds secured thereby. (6) Residual Bond means a Bond evidencing the Residual Interest. (6A) Residual Bond Purchase Agreement means a contract, as authorized under  7-1831.03, between the Corporation and the Fund, under which the Fund sells to the Corporation all or a portion of the Funds right, title, and interest in and to the Residual Bond, including all the moneys, and any interest thereon, payable to or received by the Fund thereunder, in exchange for a cash payment from the net proceeds of the sale of the Bonds (other than the Residual Bond) and the Remainder Certificate, if any. (7) Residual Interest means that portion of any payments received by the Corporation under the Master Settlement Agreement which is not annually required to: (A) Defease certain indebtedness of the District pursuant to the provisions of the Purchase Agreement; (B) Repay the holders of the Bonds (other than the Residual Bond); (C) Establish, maintain, or replenish any reserve funds created in connection with the issuance of the Bonds (other than the Residual Bond); (D) Pay any other obligations of the Corporation (other than the Residual Bond) incurred in connection with the issuance of the Bonds; or (E) Pay the actual, reasonable, and necessary expenses of the Corporation.  (Oct. 19, 2000, D.C. Law 13-172,  3702, 47 DCR 6308; July 25, 2006, D.C. Law 16-142,  3(a), 53 DCR 4412.)  Section References This section is referenced in  7-1811.01. Effect of Amendments D.C. Law 16-142, in par. (1), substituted obligations), which may be issued on a senior or subordinate basis and would include for obligations), which would include; and added pars. (5A) and (6A). Emergency Legislation For temporary (90-day) addition of  7-1831.01 to 7-1831.06, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) amendment of section, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
 71831.02. Sale of rights under Master Settlement Agreement. (a) For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and the repayment of outstanding indebtedness issued for certain capital projects and other undertakings of the District, the District may sell to the Corporation all of the Districts right, title, and interest in and to the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the District thereunder (except for the first payment of $16.05 million which has already been received by the District), in exchange for: (1) a cash payment in the amount of the net sales proceeds of the Bonds (other than the Residual Bond); (2) the Residual Bond; and (3) the agreement of the Corporation to repay certain indebtedness of the District. (b) Subject to the authorization and restrictions of this subchapter, the terms and conditions of the Purchase Agreement or the Residual Bond Purchase Agreement shall be determined by the Mayor, which determination shall be conclusively evidenced by his execution of the Purchase Agreement or the Residual Bond Purchase Agreement. The Mayor may execute and deliver any administrative or other documents or agreements which are necessary or desirable relating to the sale of the Districts right, title, and interest in and to the Master Settlement Agreement or in connection with the issuance of the Bonds. Proceeds from the sale of the Bonds and other moneys received by the Corporation pursuant to the Purchase Agreement or the Residual Bond Purchase Agreement will be used to repay certain outstanding indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, as well as to pay costs of issuance of the Bonds, to establish and fund reserve funds, and to pay other expenses and fees related to the issuance of the Bonds. (c) For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and repayment of outstanding indebtedness issued for certain capital projects and other undertakings of the District, the Fund may sell to the Corporation all of the Funds right, title, and interest in and to the Residual Bond, including all the moneys, and any interest thereon, payable to or received by the Fund thereunder, in exchange for: (1) A cash payment in the amount of the net sales proceeds of Bonds secured by the Residual Bond; and (2) The Remainder Certificate, if any.  (Oct. 19, 2000, D.C. Law 13-172,  3703, 47 DCR 6308; July 25, 2006, D.C. Law 16-142,  3(b), 53 DCR 4412; Mar. 25, 2009, D.C. Law 17-353,  120, 56 DCR 1117.)  Section References This section is referenced in  7-1811.01,  7-1811.03, and  7-1831.03. Effect of Amendments D.C. Law 16-142, in subsec. (a), substituted For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and the repayment for For the purpose of the repayment; in subsec. (b), substituted Purchase Agreement or the Residual Bond Purchase Agreement for Purchase Agreement and substituted indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, for indebtedness of the District; and added subsec. (b-1). D.C. Law 17-353 redesignated subsec. (b-1) as subsec. (c). Emergency Legislation For temporary (90-day) addition of section, see notes following  7-1831.01. For temporary (90 day) amendment of section, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
 71831.03. Establishment of the District of Columbia Tobacco Settlement Financing Corporation; powers and authority. (a) The District of Columbia Tobacco Settlement Financing Corporation is established as a special purpose, independent instrumentality of the District government. The Corporation shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this subchapter, and shall have a legal existence separate from the District government. (b) The purpose of the Corporation is to purchase all of the Districts right, title, and interest in the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the District thereunder (except for the first payment of $16.05 million which has already been received by the District) and the Residual Bond, issuing Bonds to pay the purchase price therefor, and to repay certain of the outstanding indebtedness of the District issued for capital projects and other undertakings. The Corporation may enter into the Purchase Agreement or the Residual Bond Purchase Agreement and may perform any acts necessary or convenient to effectuate its purposes, including financing the costs of the National Capital Medical Center indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, or other capital projects, repayment, refinancing, or defeasance of certain indebtedness issued for capital projects and other undertakings. (c)(1) Pursuant to  1-204.90, subject to the restrictions of this subchapter, the Council delegates to the Corporation the power to issue revenue bonds, notes, and other obligations, including refunding revenue bonds at or before maturity, to finance or refinance, or assist in the financing or refinancing of the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, which obligations shall be payable solely from, and secured by, the payments under the Master Settlement Agreement sold under  7-1831.02, including the power to provide for the authorization, securing, sale, and issuance of the Bonds consistent with this subchapter. This delegation is not exclusive and does not restrict, impair, or supersede the authority otherwise vested by law in any District instrumentality. (2)(A) The Corporation, by resolution of its board, may authorize the issuance of the Bonds. The resolution may stipulate the terms of the Bonds, including the following: (i) The date a Bond bears; (ii) The date a Bond matures and, if different, such other date on which a Bond may be paid; (iii) Whether Bonds are issued as serial bonds, term bonds, or as a combination of the two; (iv) The denominations; (v) The interest rate or rates, or variable rate or rates changing from time to time, as provided in, or determined pursuant to, authorization under the resolution; (vi) The method and terms of sale; (vii) The method for payment; (viii) Security for the Bonds; (ix) The terms of redemption; (x) The establishment of reserves and debt service funds and the use of proceeds of the Bonds for costs of issuance and otherwise in accordance with this subchapter; and (xi) Any other terms which, in the opinion of the board or its advisors, may be necessary or desirable for the sale of the Bonds. (B) The resolution authorizing the issuance of the Bonds shall include a statement as to: (i) Whether the Bonds are intended to be sold by competitive bid or by negotiated sale and, if the Bonds are intended to be sold by negotiated sale, a statement of the reasons that sale by competitive bid is not feasible or is not in the best interests of the Corporation; (ii) Whether the Bonds are intended to be issued on a tax-exempt or taxable basis; and (iii) Whether the Bonds are intended to be issued on a senior or subordinate basis. (C) The Corporation shall send a copy of the resolution authorizing the issuance of the Bonds to the Council within 3 days of its adoption. (3) The board may delegate to the Chief Financial Officer as a member of the board the authority to prescribe the terms and conditions of the Bonds, including those referred to in  7-1831.03(c)(2), except that the terms and conditions of the Residual Bond shall be consistent with the provisions of the Purchase Agreement and shall provide that the Residual Interest shall be paid to the Tobacco Settlement Trust Fund established by subchapter II of this chapter, and the terms and conditions of the Remainder Certificate, if any, shall be consistent with the provisions of the Residual Bond Purchase Agreement and shall provide that the payments under the Master Settlement Agreement after payment in full of all Bonds outstanding shall be paid to the Tobacco Settlement Trust Fund established by subchapter II of this chapter. (4) A pledge by the Corporation of contract rights, general intangibles, or revenues collected by or on behalf of the Corporation as security for the Bonds shall be valid and binding from the time the pledge is made. The contract rights, general intangibles, or revenues pledged shall immediately be subject to the lien of the pledge without physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having a claim of any kind in tort, contract, or otherwise against the Corporation or the District government irrespective of whether the person has notice. Notwithstanding any law, the filing or recording of a resolution, trust, agreement, financing statement, continuation statement, or other instrument adopted or entered into by the Corporation in any public record is not required to perfect the lien against third parties. (5) The Bonds shall be legal instruments in which public officers and public bodies of the District, insurance companies, insurance company associations, and other persons carrying on an insurance business, banks, bankers, banking institutions including savings and loan associations, building and loan associations, trust companies, savings banks, savings associations, investment companies, and other persons carrying on a banking business, administrators, guardians, executors, trustees, and other fiduciaries, and other persons authorized to invest in bonds or in other obligations of the District, may legally invest funds, including capital, in their control. The Bonds are also securities which legally may be deposited with and received by public officers and public bodies of the District or any agency of the District for any purpose for which the deposit of bonds or other obligations of the District is authorized by law. (6) The Bonds shall not constitute an indebtedness of the District. The Bonds are not general obligations of the District and are not secured by a pledge of the full faith and credit of the District and the holders of the Bonds may not require the levy or imposition of taxes. The Bonds issued to purchase the Districts right, title, and interest in the Master Settlement Agreement are special obligations of the Corporation payable solely from, and secured by, the payments received under the Master Settlement Agreement. The Bonds issued to purchase the Funds right, title, and interest in the Residual Bond are obligations of the Corporation payable solely from, and secured by, the payments received under the Residual Bond. The Corporation has no taxing power. The Bonds shall contain on their face a statement containing all of the above. Nothing contained in the Bonds, or in the related financing or closing documents, shall create an obligation on the part of the Corporation or the District to make payments with respect to the Bonds from sources other than the payments received by the Corporation under the Master Settlement Agreement or under the Fund under the Residual Bond. (7) Regardless of their form or character, the Bonds are negotiable instruments for all purposes of Title 28, subject only to the provisions of the bonds and notes for registration. (8) No official, employee, or agent of the Corporation or the District shall be held personally liable solely because the Bonds are issued. (9) The District pledges, which pledge the Corporation may include in any agreement with the holders of the Bonds, to the Corporation that the District will: (i) Continue to diligently enforce the Model Statute against all tobacco product manufacturers selling tobacco products in the District that are not signatories to the Master Settlement Agreement; (ii) Enforce the Districts rights to receive the payments to be made to the District pursuant to the Master Settlement Agreement to the full extent permitted by the terms of the Master Settlement Agreement; (iii) Not amend the Master Settlement Agreement in any way that would materially impair the rights of the holders of Bonds; (iv) Not limit or alter rights vested in the Corporation to fulfill agreements made with holders of the Bonds; or (v) Not in any way impair the rights and remedies of the holders of the Bonds until the Bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the Bonds are fully met and discharged. (10) The signature of an officer of the Corporation that appears on the Bonds, including Bonds not yet issued or delivered, shall remain valid notwithstanding that the person has ceased to hold that office. (11) The Bonds, and the interest thereon, shall be exempt from District taxation, except estate, inheritance, and gift taxes. (12) During a control period (as defined in  47-392.09), a resolution of the board of directors of Corporation authorizing the issuance of the Bonds shall be submitted to the District of Columbia Financial Responsibility and Management Assistance Authority (Authority) for certification in accordance with  47-392.04. A certification issued by the Authority during a control period shall be effective for purposes of this subsection for Bonds issued pursuant to the resolution of the board of directors of the Corporation whether the Bonds are issued during or after the control period. (d) In addition to any other powers or authority conferred by this section or subchapter, the Corporation shall have all the powers of a corporate body under the laws of the District to the extent not inconsistent with or restricted by the provisions of this section or subchapter, including the power to: (1) Adopt, amend, repeal, and enforce bylaws, rules, regulations, and procedures as it determines appropriate to the governance of its affairs and the conduct of its business and which are not inconsistent with this section; (2) Sue and be sued, and to complain and defend, in its own name; (3) Adopt, alter, and use a corporate seal, which shall be judicially noticed; provided, that the absence of the seal on a contract or other document shall not affect its validity; (4) Acquire, purchase, hold, lease, sell, assign, pledge, or convey real and personal property, contract rights, general intangibles, revenues, moneys, and accounts as may be proper or expedient to carry out the purposes of the Corporation and this subchapter, and to assign, convey, sell, transfer, lease, or otherwise dispose of such property; (5) Elect, appoint, and employ such officers, agents, and employees as the Corporation deems advisable to operate and manage the affairs of the Corporation, and to define their duties and fix, adjust, and define their compensation as it determines to be appropriate; (6) Make, execute, or perform contracts, commitments, agreements, trust indentures, and other instruments and agreements, including, as approved by its board of directors, investment contracts, swap agreements and other hedging transactions, liquidity facilities, insurance agreements, or reinsurance agreements, necessary, or convenient to accomplish the purposes of the Corporation and this subchapter; (7) Select, retain, and employ professionals, contractors, or agents which are necessary, or convenient to enable or assist the Corporation in carrying out the purposes of the Corporation; (8) Indemnify or insure members of the board and officers of the Corporation as it determines appropriate; (9) Purchase insurance or self-insure against loss in connection with its property and other assets or other risks, in such amounts and from such insurers as it determines appropriate; and (10) Perform any act not inconsistent with federal or District law necessary or convenient to carry out the purposes of the Corporation. (e)(1) The Corporation shall be governed by a board of directors consisting of 5 members. One member shall be the Chief Financial Officer (or, if the office is vacated, and until a successor is appointed, the acting Chief Financial Officer), one member shall be the Mayor or his designee (or, if the office is vacated, and until a successor is appointed, the acting Mayor or his designee), one member shall be the Chairman of the Council of the District or his designee (or, if the position is vacated, and until a successor is appointed, the acting Chairman), and 2 members shall be private citizens (independent members). Actions of the board shall be determined by a majority vote of the members unless a unanimous vote of all of the members will be required by the by-laws of the Corporation for certain purposes; provided, that the affirmative vote of the independent members shall be required for the issuance of the Bonds. (2) One of the independent members of the board of directors shall be appointed by the Mayor and one shall be appointed by the Council within 30 calendar days after October 19, 2000, or 180 days after the date of a vacancy. Each of the independent members of the board shall serve a term of 4 years, except that an independent member selected to fill a vacancy occurring before the end of the term for which his predecessor was selected shall only serve until the end of the term. A member may serve after the expiration of his term until his successor has taken office. (3) The members shall serve without compensation for their membership, but may receive, or be reimbursed for, the actual, reasonable, and necessary expenses incurred in the performance of their official duties. (f) All operating and administrative expenses of the Corporation and costs of issuance of the Bonds shall be paid by the Corporation out of payments received by the Corporation under the Master Settlement Agreement and from the proceeds of the Bonds. (g) Upon the request of the Corporation, the Mayor and the governing officer or body of each instrumentality of the District, by delegation, contract, or agreement, may direct that personnel or other resources of a District department, office, agency, establishment, or instrumentality be made available to the Corporation on a full cost reimbursable basis to carry out the Corporations duties. Personnel detailed to the Corporation under this subsection shall not be considered employees of the Corporation, but shall remain employees of the department, agency, establishment, or instrumentality from which the employees were detailed. With the consent of an executive agency, department, or independent agency of the federal government or the District government, the Corporation may use the information, services, staff, and facilities of the department or agency on a full cost reimbursable basis. (h)(1) The existence of the Corporation shall be perpetual; provided, that the board of directors, by majority vote (including both of the independent members), may dissolve the Corporation when the Bonds and all other obligations of the Corporation incurred with respect to the issuance of the Bonds have been repaid, or their repayment has been provided for fully, and the existence of the Corporation shall terminate when adequate provision has been made for all other debts and obligations, and the winding up of the affairs, of the Corporation. No assets or earnings of the Corporation shall inure to a private person or entity. (2) As long as the Bonds are outstanding: (A) The Corporation shall not dissolve or file a voluntary petition under any bankruptcy legislation in effect from time to time or sell all, or substantially all, of its assets; (B) No public officer, organization, entity, or other person may authorize the Corporation to be or become a debtor under any bankruptcy legislation in effect from time to time; and (C) The Corporation shall not take any action that materially and adversely affects the rights of the holders of the Bonds or other obligations issued by it. (i) All assets and income of the Corporation shall be exempt from District taxation. (j) The Corporation shall have the same fiscal year as the District. (k) An independent accountant, appointed by the board of directors of the Corporation, shall conduct an annual audit of the accounts and records of the Corporation. (l) No District laws, rules, or orders governing procurement or administrative procedures or personnel shall apply to the Corporation, its activities, board members, officers, or employees, except as otherwise provided for in this subchapter. (m)(1) Notwithstanding any other provisions of this section, the Corporation shall select the underwriter or placement agent for the Bonds (not including the Residual Bond) and legal counsel, including bond counsel, by competitive sealed bidding. The contracts shall be awarded on the basis of lowest evaluated bid price (as the term is defined in  2-351.04(31)). In evaluating the bids, the following factors shall be considered: (A) The type of business or organization and its history; (B) The resumes and professional qualifications of the business or organizations staff, including relevant professional licenses, affiliations, and specialties; (C) Information attesting to financial capability, including financial statements; (D) A summary of similar contracts awarded to the bidder, and the bidders performance of those contracts; (E) A statement attesting to compliance with wage, hour, workplace safety, and other standards of labor law; (F) A statement attesting to compliance with federal and District equal employment opportunity law; and (G) Information about pending lawsuits or investigations, and judgments, indictments, or convictions against the bidder or its proprietors, partners, directors, officers, or managers. (2) The invitation for bids shall state that the selection shall be made on the basis of the lowest evaluated bid price. The Corporation shall provide public notice of the invitation for bids of not less than 10 working days. Public notice of an invitation for bids shall include publication in a newspaper of general circulation, and in trade publications considered to be appropriate by the Corporation to give adequate public notice. (3) Bids shall be opened publicly at the time and place designated in the invitation for bids. Each bid, with the name of the bidder, shall be recorded and be open to public inspection. The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid will be most advantageous to the Corporation, considering price and other factors as set forth in paragraph (1) of this subsection.  (Oct. 19, 2000, D.C. Law 13-172,  3704, 47 DCR 6308; Oct. 21, 2000, D.C. Law 13-176,  8(d)(3), 47 DCR 6835; July 25, 2006, D.C. Law 16-142,  3(c), 53 DCR 4412; Mar. 14, 2007, D.C. Law 16-294,  10, 54 DCR 1086; Sept. 26, 2012, D.C. Law 19-171,  211, 59 DCR 6190.)  Section References This section is referenced in  7-1831.01. Effect of Amendments D.C. Law 13-176, in par. (m)(2), substituted 10 working days for 30 days. Section 9 of D.C. Law 13-176 provided: Rule of construction. To the extent that provisions of this act conflict with any order of the Financial Responsibility and Management Assistance Authority (Financial Authority), issued pursuant to section 207(d) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 the provisions of the Financial Authority Order shall govern. D.C. Law 16-142, in subsec. (b), substituted by the District and the Residual Bond, issuing for by the District), issuing, substituted Purchase Agreement or the Residual Bond Purchase Agreement and for Purchase Agreement and, and substituted including financing the costs of the National Capital Medical Center indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, or other capital projects, repayment, refinancing, for including repayment, refinancing,; in par. (c)(1), substituted to finance or refinance for to refinance, substituted the financing or refinancing of the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings for the refinancing of, capital projects and other undertakings and deleted the last sentence which had read: The refinancing of capital projects and other undertakings of the District shall include the refinancing, repayment, or defeasance of general obligation debt of the District incurred for capital projects and other undertakings.; in subpar. (c)(2)(B)(i), substituted Corporation; for Corporation; and; in subpar. (c)(2)(B)(ii), substituted taxable basis; and for taxable basis.; added subpar. (c)(2)(B)(iii); in par. (c)(3), substituted subchapter II of this chapter, and the terms and conditions of the Remainder Certificate, if any, shall be consistent with the provisions of the Residual Bond Purchase Agreement and shall provide that the payments under the Master Settlement Agreement after payment in full of all Bonds outstanding shall be paid to the Tobacco Settlement Trust Fund established by subchapter II of this chapter. for subchapter II of this chapter.; in par. (c)(6), substituted The Bonds issued to purchase the Districts right, title, and interest in the Master Settlement Agreement are special obligations of the Corporation payable solely from, and secured by, the payments received under the Master Settlement Agreement. The Bonds issued to purchase the Funds right, title, and interest in the Residual Bond are obligations of the Corporation payable solely from, and secured by, the payments received under the Residual Bond. for The Bonds are special obligations of the Corporation payable solely from, and secured by, the payments received under the Master Settlement Agreement., and substituted Settlement Agreement or under the Fund under the Residual Bond. for Settlement Agreement. in the last sentence; and rewrote par. (c)(9), which had read as follows: (9) The District pledges to the Corporation and the holders of the Bonds that the District will not limit or alter rights vested in the Corporation to fulfill agreements made with holders of the Bonds, or in any way impair the rights and remedies of the holders of the Bonds until the Bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the Bonds are fully met and discharged. The Corporation may include this pledge of the District in any agreement with the holders of the Bonds. D.C. Law 16-294, in subsec. (b), substituted District) and the Residual Bond for District and the Residual Bond). The 2012 amendment by D.C. Law 19-171 substituted  2-351.04(31) for  2-301.07(25) in (m)(1). Emergency Legislation For temporary (90-day) addition of section, see notes following  7-1831.01. For temporary (90-day) amendment of section, see  2(c) and 3(c) of the Fiscal Year 2001 Budget Support Emergency Amendment Act of 2000 (D.C. Act 13-381, July 24, 2000, 47 DCR 6695). For temporary (90 day) additions, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). Temporary Legislation For temporary (225 day) amendment of the Fiscal Year 2001 Budget Support Temporary Amendment Act of 2000, see  2(d), 3(d) of (D.C. Law 13-197, October 21, 2000, law notification 47 DCR 8987).
 71831.04. True sale. (a) The transfer of the Districts right, title, and interest in and to the Master Settlement Agreement to the Corporation or any assignee which the parties have in the governing documentation expressly stated to be a sale or other absolute transfer shall be treated as an absolute transfer of all of the Districts right, title, and interest, as in a true sale, and not as a pledge or other financing, of the Districts right, title, and interest in and to the Master Settlement Agreement, including the moneys payable or received thereunder and any interest thereon (except for the first payment of $16.05 million which has already been received by the District). The grant to the holders of the Bonds of a security interest in, and a lien on, all of the Corporations right, title, and interest in and to the Master Settlement Agreement, including the moneys payable or received thereunder and any interest thereon (except for the first payment of $16.05 million which has already been received by the District), the provision by the District of any credit enhancement with respect to the Bonds, or the characterization of the transaction for accounting purposes or securities regulation shall not impair or negate the characterization of any transfer as a true sale. The transfer of the Districts right, title, and interest in and to the Master Settlement Agreement to the Corporation or any assignee shall be deemed perfected as against third persons having claims in tort, contract, or otherwise, including any judicial lien creditors, when a sale or transfer of the right, title, and interest in and to the Master Settlement Agreement in writing has been executed and delivered by the District to the Corporation or any assignee. (b) The transfer of the Funds right, title, and interest in and to the Residual Bond to the Corporation or any assignee that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer shall be treated as an absolute transfer of all of the Funds right, title, and interest, as in a true sale, and not as a pledge or other financing, of the Funds right, title, and interest in and to the Residual Bond, including the moneys payable or received thereunder and any interest thereon. The grant to the holders of the Bonds of a security interest in, and a lien on, all of the Funds right, title, and interest in and to the Residual Bond, including the moneys payable or received thereunder and any interest thereon, the provision by the Fund or the District of any credit enhancement with respect to the Bonds (other than the Residual Bond), or the characterization of the transaction for accounting purposes or securities regulation shall not impair or negate the characterization of any transfer as a true sale. The transfer of the Funds right, title, and interest in and to the Residual Bond to the Corporation or any assignee shall be deemed perfected as against third persons having claims in tort, contract, or otherwise, including any judicial lien creditors, when a sale or transfer of the right, title, and interest in and to the Residual Bond in writing has been executed and delivered by the Fund to the Corporation or any assignee.  (Oct. 19, 2000, D.C. Law 13-172,  3705, 47 DCR 6308; July 25, 2006, D.C. Law 16-142,  3(d), 53 DCR 4412.)  Effect of Amendments D.C. Law 16-142, designated the existing text of section as subsec. (a); and added subsec. (b). Emergency Legislation For temporary (90-day) addition of section, see notes following  7-1831.01. For temporary (90 day) amendment of section, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
 71831.05. Severability. If a provision of this subchapter or its application to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provisions or application.  (Oct. 19, 2000, D.C. Law 13-172,  3706, 47 DCR 6308.)  Emergency Legislation For temporary (90-day) addition of section, see notes following  7-1831.01. For temporary (90 day) amendment of section, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
 71831.06. Termination. This subchapter shall expire on September 30, 2001, if the Bonds (other than the Residual Bond) are not sold and issued. In the event of such expiration, all the assets of the Corporation shall vest in the District.  (Oct. 19, 2000, D.C. Law 13-172,  3707, 47 DCR 6308.)  Emergency Legislation For temporary (90-day) addition of section, see notes following  7-1831.01. For temporary (90 day) amendment of section, see  3702 to 3707 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
 71901. Definitions. When used in this chapter, the following terms shall have the meanings ascribed by this section: (1)(A) Abuse means: (i) The intentional or reckless infliction of serious physical pain or injury; (ii) The use or threatened use of violence to force participation in sexual conduct, defined in  22-3101(5); (iii) The repeated, intentional imposition of unreasonable confinement or threats to impose unreasonable confinement, resulting in severe mental distress; (iv) The repeated use of threats or violence, resulting in shock or an intense, expressed fear for ones life or of serious physical injury; or (v) The intentional or deliberately indifferent deprivation of essential food, shelter, or health care in violation of a caregivers responsibilities, when that deprivation constitutes a serious threat to ones life or physical health. (B) An adult shall not be considered abused under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (1A) Adult means an individual 18 years of age or older. (2)(A) Adult in need of protective services means an individual 18 years of age or older who: (i) Is highly vulnerable to abuse, neglect, self-neglect, or exploitation because of a physical or mental impairment, self-neglect, or incapacity; (ii) Has recently been or is being abused, neglected, or exploited by another or meets the criteria for self-neglect; and (iii) Has no one willing and able to provide adequate protection. (B) An adult shall not be considered in need of protective services under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (3) Adult protective services worker (APS worker) means an employee of the District or a private social services agency under contract with the District who conducts investigations or provides protective services under this chapter. (4) Caregiver means a person that, by law, contract, court order, or voluntary action, is charged with or has assumed the responsibility for an adults essential food, shelter, or health-care needs. (5) Court means the Superior Court of the District of Columbia. (6) Department means the District of Columbia Department of Aging and Community Living. (7) District means the District of Columbia. (8) Exploitation means the unlawful appropriation or use of anothers property, defined in  22-3201, for ones own benefit or that of a 3rd person. (8A) Incapacity means the state of being an incapacitated individual as defined by  21-2011(11). (9)(A) Neglect means: (i) The repeated, careless infliction of serious physical pain or injury; (ii) The repeated failure of a caregiver to take reasonable steps, within the purview of his or her responsibilities, to protect against acts of abuse described in paragraph (1)(B) of this section; (iii) The repeated, careless imposition of unreasonable confinement, resulting in severe mental distress; or (iv) The careless deprivation of essential food, shelter, or health care in violation of a caregivers responsibilities, when that deprivation constitutes a serious threat to ones life or physical health. (B) An adult shall not be considered neglected under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (10) Person means an individual, facility, agency, corporation, partnership, the District government, or any other organizational entity. (11) Police means the Metropolitan Police Department of the District of Columbia. (12) Protective services means those services or provisions reasonably calculated to remedy or substantially reduce the likelihood of abuse, neglect, or exploitation by another, or self-neglect, including, but not limited to: Food, heat, shelter, clothing, health care, home care, counseling, legal assistance, and social casework. (13)(A) Self-neglect means the failure of an adult, due to physical or mental impairments or incapacity, to perform essential self-care tasks, including: (i) Providing essential food, clothing, shelter, or medical care; (ii) Obtaining goods or services necessary to maintain physical health, mental health, emotional well-being, and general safety; or (iii) Managing his or her financial affairs. (B) An adult shall not be considered to be committing self-neglect under this chapter for the sole reason that he or she seeks treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment.  (Mar. 14, 1985, D.C. Law 5-156,  2, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(a), 53 DCR 40; Sept. 11, 2019, D.C. Law 23-16,  5032, 66 DCR 8621.)  Prior Codifications 1981 Ed.,  6-2501. Section References This section is referenced in  7-1904. Effect of Amendments D.C. Law 16-67, rewrote pars. (1), (2), and (9); added pars. (1A), (8A), (13); and, in par. (12), substituted exploitation by another, or self-neglect, for exploitation by another,. Emergency Legislation  For temporary (90 days) amendment of this section, see  5032 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  5032 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  Editor's Notes Delayed application of Law 5-156: Section 15(b) of D.C. Law 5-156 provided that, except as provided in  6-2503(e), the applicability of the act shall be delayed until October 1, 1985. Delegation of Authority Delegation of authority pursuant to title XXIII (Section 2352(a)) of Public Law 97-35, the Omnibus Budget Reconciliation Act, to Deliver Social Services Block Grant Funded Homemaker Services for Individuals and Families who are in Need of or Receiving Protective Services, see Mayors Order 97-101, May 28, 1997 ( 44 DCR 3529). Re-Delegation of Authority Pursuant to Title XXIII (Sec. 2352(a)) of Public Law 97-35, the Omnibus Budget Reconciliation Act, as Amended, to Deliver Social Services Block Grant Funded Homemaker Services for Individuals and Families Who are in Need of or Receiving Protective Services, see Mayors Order 2001-95, June 28, 2001 ( 48 DCR 6276).
 71902. Limitations on applicability. [Repealed] Repealed.  (Mar. 14, 1985, D.C. Law 5-156,  3, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(b), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2502. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71903. Reporting requirements. (a)(1) Except as provided in subsection (b) of this section, whenever a conservator, court-appointed mental retardation advocate, guardian, health-care administrator, licensed health professional, police officer, humane officer of any agency charged with the enforcement of animal cruelty laws, bank manager, financial manager, or social worker has as a result of his or her appointment, employment, or practice substantial cause to believe that an adult is in need of protective services because of abuse, neglect, or exploitation by another, he or she shall immediately report this belief in accordance with subsection (c) of this section. (2) Any person may voluntarily report an alleged case of abuse, neglect, self-neglect, or exploitation when he or she has reason to believe that an adult is in need of protective services. Voluntary reporting shall also be effected in accordance with subsection (c) of this section. (b) The duty to report established by subsection (a)(1) of this section shall not apply to a social worker or licensed health professional who has as a client or patient, or is employed by a lawyer representing, a third person who is allegedly responsible for the abuse or neglect. (c) A report made pursuant to this section may be either oral or written and shall be transmitted to the division within the Department designated by the Mayor to receive these reports. Each report shall include, if known: The name, age, physical description, and location of the adult alleged to be in need of protective services; the name and location of the person(s) allegedly responsible for the abuse, neglect, or exploitation; the nature and extent of the abuse, neglect, self-neglect, or exploitation; the basis of the reporters knowledge; and any other information the reporter believes might be helpful to an investigation. A reporter may be required to identify himself or herself only when obliged to report under subsection (a)(1) of this section. (d)(1) The Department shall maintain a record of all reports received and be capable of receiving reports 24 hours a day, 7 days a week (including holidays). Except as provided in paragraph (4) of this subsection, the Department may release reports and investigative information acquired pursuant to this chapter only: (A) To another public or private agency, only to the minimal extent required to conduct an investigation, provide services under this chapter, or petition the court for appointment of a guardian of the person or conservatorship of the estate of the person (or a limited guardianship or conservatorship) under Chapter 20 of Title 21; (B) To the Attorney General for the District of Columbia or United States Attorney if requested for an investigation, prosecution, or civil or administrative enforcement action; (B-i) To the Metropolitan Police Department; (C) If directed by court order; (D) For the purposes of and in accordance with Chapter 2B of this title [ 7-241 et seq.]; or (E) To a court-appointed representative of an adult in need of protective services or an adult in need of protective services or his or her legal representative, upon receipt of a verbal or written request for access to reports and investigative information, including health information; provided, that: (i) The Department shall release reports and investigative information under this subparagraph only to the extent permitted by District or federal law or regulation; and (ii) The Department shall not release under this subparagraph: (I) The identity and other personal information of reporters, witnesses, and interviewees, other than interviewees who are District government employees; (II) Other information which could reasonably be used to identify a reporter, witness, or interviewee, other than an interviewee who is a District government employee; (III) Psychotherapy and personal notes; and (IV) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding. (2) A recipient of a report or investigative information released pursuant to paragraph (1) of this subsection shall be subject to the same restrictions on disclosure applicable to the Department under that paragraph. (3) Any person possessing a report or investigative information acquired pursuant to this chapter shall take reasonable steps to prevent the disclosure of information that might reveal the reporters identity to the person(s) allegedly responsible for the abuse, neglect, or exploitation. (4) The Department may release statistics and other data acquired pursuant to this chapter for research, reporting, or educational purposes provided all identifying references to individuals are deleted. (d-1) The Department may provide outreach and training on the requirements of this section to members of the public and to appropriate governmental personnel, including law enforcement officers, social services personnel, judicial officers, guardians and conservators for incapacitated adults, and others as may be determined by the Mayor. (e) The Mayor shall widely publicize the phone number and mailing address of the division within the Department designated to receive reports under this section, and may conduct educational programs for those persons required to report under subsection (a)(1) of this section.  (Mar. 14, 1985, D.C. Law 5-156,  4, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(c), 53 DCR 40; Dec. 5, 2008, D.C. Law 17-281,  103, 55 DCR 9186; Dec. 4, 2010, D.C. Law 18-273,  207, 57 DCR 7171; Feb. 18, 2017, D.C. Law 21-199,  2(a), 63 DCR 15036.)  Prior Codifications 1981 Ed.,  6-2503. Section References This section is referenced in  7-1908 and  7-1912. Effect of Amendments D.C. Law 16-67, in subsec. (a)(1), substituted bank manager, financial manager, or social worker for or social worker and abuse, neglect, or exploitation for abuse or neglect; in subsec. (a)(2), substituted self-neglect, or exploitation for or exploitation; in subsec. (b), substituted a third person for the 3rd person; in subsec. (c), substituted the nature and extent of the abuse, neglect, self-neglect, or exploitation for the nature and extent of the abuse, neglect, or exploitation; rewrote subsec. (d)(1)(A); in subsec. (d)(1)(B), substituted Attorney General for the District of Columbia for Corporation Counsel; added subsec. (d)(1)(B-1); in subsec. (d)(2), substituted paragraph (1) for paragraph (1)(A) through (C); added subsec. (d-1); and rewrote subsec. (e). D.C. Law 17-281, in subsec. (a)(1), substituted police officer, humane officer of any agency charged with the enforcement of animal cruelty laws, for police officer,. D.C. Law 18-273, in subsec. (d)(1), deleted or from the end of subpar. (B-1), substituted ; or for a period at the end of subpar. (C), and added subpar. (D). Emergency Legislation For temporary (90 day) amendment of section, see  207 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  207 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71904. Investigations. (a)(1) In accordance with this section and the rules to be issued by the Mayor pursuant to  7-1909, the Department shall, except as provided in paragraph (2) of this subsection, either investigate each report received or refer a report for investigation to another public or private agency designated by the Mayor. (2) The Department shall not be required to investigate a report that: (A) Fails to allege facts that, if proved, would be sufficient to support the conclusion that the alleged victim is an adult in need of protective services as that term is defined in  7-1901(2); or (B) Is substantively repetitive of a previously reported incidence of abuse, neglect, or exploitation. (3) If a report alleges the existence of an immediate, substantial risk of life-threatening harm to an adult in need of protective services, the Department shall immediately notify the police, who shall conduct a prompt investigation to determine the need for police intervention. In addition, within 24 hours of the Departments receiving such a report, an APS worker shall commence an investigation to determine the need for protective services. These 2 investigations may be conducted either jointly or separately. (4) For reports that allege an adult is in need of protective services but do not allege the existence of an immediate, substantial risk of life-threatening harm, an APS worker shall commence an investigation to determine the need for protective services within 10 days (excluding Saturdays, Sundays, and legal holidays) of the Departments receiving the report. (5) In accordance with procedures to be established under  7-1909(1), the Mayor shall ensure that, when appropriate, an APS worker is accompanied by a police officer while conducting an initial or follow-up investigation. (b) Before entering a residence or otherwise approaching an adult who is allegedly in need of protective services, an APS worker conducting an investigation under this section shall first announce his or her purpose and, if accompanied by a police officer, the presence of that officer, and then secure the consents of the adult allegedly in need of protective services and any other adult who is present and appears to have a reasonable expectation of privacy in the residence or immediate premises. If the adult allegedly in need of protective services objects to the investigation and it does not manifestly appear to the APS worker that the objection is prompted by fear or intimidation instilled by another or that the adult is incapacitated, the investigation shall be terminated. If the objection manifestly appears prompted by fear or intimidation instilled by another, or if another person on the premises refuses to allow the investigation to take place, the Department may, either on its own behalf or, if the APS worker is employed by an agency other than the Department, on behalf of the other investigating agency, request the Attorney General to petition for an ex parte order pursuant to subsection (c) of this section. Where good cause exists to believe that a self-neglecting person is incapacitated, the APS worker, the Department, or the Attorney General may provide protective services pursuant to  7-1905(c-1). (c) If requested by the Department, the Attorney General shall promptly conduct a factual inquiry and, if legally supportable, file a petition in court for an ex parte order enjoining persons other than the adult who is allegedly in need of protective services from directly or indirectly interfering with the investigation. The petition shall allege specific facts, supported by oath or affirmation, showing that: (1) There is probable cause to believe an adult located at a specified location is in need of protective services; and (2) An APS worker conducting an investigation was denied reasonable access to the adult by a 3rd person, or, if the adult objected to the investigation, there is probable cause to believe the objection was prompted by fear or intimidation instilled by another. (d) If the court finds that a proper showing has been made under subsection (c) (1) and (2) of this section, it shall enjoin the appropriate 3rd person(s) from interfering with an investigation under this section. The court may also order any other relief deemed necessary to facilitate an investigation, but in so doing it shall fully respect the right of an adult who is allegedly in need of protective services to freely object to and terminate that investigation. (e) The scope of an investigation under this section shall be only that which is minimally necessary for an APS worker to determine whether an adult is in need of protective services, and, if so, what protective services are needed to remedy or substantially reduce the likelihood of abuse, neglect, self-neglect, or exploitation by others.  (Mar. 14, 1985, D.C. Law 5-156,  5, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(d), 53 DCR 40; Mar. 25, 2009, D.C. Law 17-353,  102(a), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  6-2504. Section References This section is referenced in  7-1905 and  7-1909. Effect of Amendments D.C. Law 16-67, in subsec. (b), substituted another or that the adult is incapacitated, the investigation shall be terminated, for another, the investigation shall be terminated, and Attorney General to petition for an ex parte order pursuant to subsection (c) of this section. Where good cause exists to believe that a self-neglecting person is incapacitated, the APS worker, the Department, or the Attorney General may provide protective services pursuant to  7-1905(c-1). for Corporation Counsel to petition for an ex parte order pursuant to subsection (c) of this section.; in subsec. (c), substituted Attorney General for Corporation Counsel; and, in subsec. (e), substituted neglect, self-neglect, for neglect,. D.C. Law 17-353 validated a previously made technical correction in subsec. (b). Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71905. Provision of protective services. (a)(1) The Department shall ensure that protective services are promptly provided if: (A) After an APS worker conducts an investigation under  7-1904, the Department determines that an adult is in need of protective services due to abuse, neglect, or exploitation by a third party; (B) The adult in need of protective services, or a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered; (C) Reasonable access is not denied by a 3rd person; and (D) The adult in need of protective services, if not indigent and exigent circumstances do not dictate otherwise, agrees to reimburse the District or make a reasonable contribution pursuant to the rules to be issued under  7-1909(3). (2) The Departments legal obligation to ensure the provision of protective services shall, except as provided in  7-1912(c)(1), not exceed 90 days of services for each adult found to be in need of protective services. This 90-day limitation shall begin with the 1st day of services, apply to only those days on which services are actually provided, and include any days on which services are provided under a protection order issued pursuant to  7-1906 or  7-1907. The Departments decision to limit services in a particular case to fewer than 90 days, its determination as to the type or level of services provided, and allegations of noncompliance with this chapter are judicially reviewable only in accordance with  7-1912(c)(1). (a-1) Subject to the availability of resources, the Department may provide protective services if: (1) After an APS worker conducts an investigation under  7-1904, the Department determines that an adult is in need of protective services due to self-neglect; (2) The adult in need of protective services, or a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered; (3) Reasonable access is not denied by a third person; and (4) The adult in need of protective services, if not indigent and exigent circumstances do not dictate otherwise, agrees to reimburse the District or make reasonable contribution pursuant to the rules issued under  7-1909. (b) If an adult in need of protective services due to abuse, neglect, self-neglect, or exploitation objects to the provision of particular services and it does not manifestly appear to the APS worker that the adult is incapacitated or that the objection is prompted by fear or intimidation instilled by another, the adult shall be entitled to refuse those services and this right of refusal shall be fully respected. (c) In any case under this section involving abuse, neglect, or exploitation by a third party that does not meet the requirements of subsection (a)(1) of this section, the Department or other agency designated by the Mayor may provide protective services only after the Attorney General obtains a protection order pursuant to  7-1906 or  7-1907. (c-1) In any case under this section involving self-neglect, if an APS worker has good cause to believe that an adult is incapacitated, the APS worker, the Department, or the Attorney General may: (1) Petition the court for appointment of a guardianship of the adult or a conservatorship of the estate of the adult (or a limited guardianship or conservatorship) under Chapter 20 of Title 21; (2) Make referrals or provide information about the adult and the investigation to the appropriate public or private agencies, and monitor the results of any such referrals, as appropriate; (3) Provide protective services to the extent possible under the circumstances; or (4) Provide protective services when and if a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered. (d) In accordance with procedures to be established under  7-1909(1), the Mayor shall ensure that, when appropriate, an APS worker is accompanied by a police officer while providing protective services. (e) When determining the appropriateness of particular services, the Department or other designated agency shall first consider those protective services that encourage maximum self-determination and are least restrictive of personal liberty. (f) No provision of subsections (a-1) or (c-1) of this section shall be construed to create an entitlement (either direct or implied) on the part of any individual or family to any services under this chapter for an adult who meets the criteria for self-neglect or who is determined to be at risk due to self-neglect.  (Mar. 14, 1985, D.C. Law 5-156,  6, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(e), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2505. Section References This section is referenced in  7-1904,  7-1906,  7-1909, and  7-1912. Effect of Amendments D.C. Law 16-67, in subsec. (a)(1)(A), substituted services due to abuse, neglect, or exploitation by a third party; for services;; added subsecs. (a-1), (c-1), and (f); and rewrote subsecs. (b) and (c). Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71906. Provisional protection order. (a) If requested by the Department, either on its own behalf or on behalf of another public or private agency designated by the Mayor, the Attorney General shall promptly conduct a factual inquiry and, if legally supportable, file a petition in court for a provisional protection order. That petition shall state, insofar as the facts can be ascertained with reasonable diligence: (1) The name, age, physical description, and location of the adult determined by the Department to be in need of protective services; (2) Whether the adult and any other person(s) expected to be a party to the proceeding are indigent and therefore entitled to the appointment of counsel under subsection (b) of this section; (3) Facts to substantiate that the adult is in need of protective services; (4) The particular protective services or other relief sought to remedy or substantially reduce the likelihood of abuse, neglect, self-neglect, or exploitation by another; and (5) Depending on the circumstances, facts to substantiate that: (A) Failure of the adult in need of protective services to either object or affirmatively consent to those services does not constitute a knowing and voluntary decision to refuse services, but rather is the result of the adults inability to consent due to extreme physical or mental impairment or incapacity; (B) The adult in need of protective services has objected to the provision of those services out of fear or intimidation instilled by another; or (C) Reasonable access to the adult in need of protective services has been denied by a 3rd person. (b) Unless continued by the court, a nonjury hearing shall be held on a petition for a provisional protection order within 15 days (excluding Saturdays, Sundays, and legal holidays) after it is filed with the court. The Attorney General shall ensure that, at least 10 days (excluding Saturdays, Sundays, and legal holidays) before the hearing, notice of the hearing date and a copy of the petition are served on the adult in need of protective services and, if applicable and ascertainable with reasonable diligence, the person(s) allegedly responsible for the abuse, neglect, or exploitation, for using fear or intimidation to coerce the adults objection to the provision of services, or for denying an APS worker reasonable access to the adult. Notice shall be effected by personal service, substitute service on a person of suitable age and discretion at the usual place of abode or employment of the person to be notified, or registered or certified mail. Pursuant to rules to be established by the court, subpoenas shall issue directing the appearance of persons whose presence at the hearing is essential to the relief sought in the petition. The adult in need of protective services and any other person on whom notice is served under this subsection shall have the right to retain counsel, and if indigent, to have counsel promptly appointed by the court upon the Attorney Generals filing of a petition under subsection (a) of this section. Every effort shall be made to secure the presence of the adult in need of protective services at the hearing; failure of the adult to appear shall be explained by his or her counsel to the satisfaction of the court. All parties to the proceeding may present evidence and cross-examine witnesses. Testimony of the person(s) allegedly responsible for the abuse, neglect, or exploitation, and the fruits of that testimony, shall be inadmissible as evidence in a subsequent criminal trial except in a prosecution for perjury or false statement. (c) The court shall maintain a register of lawyers who have expressed an interest in representing indigent persons entitled to the appointment of counsel under subsection (b) of this section, and shall attempt insofar as possible to make appointments from this register. Publicly funded or pro bono legal services shall be considered and given priority by the court. If such services are unavailable, compensation for appointed counsel shall be at the hourly rate established pursuant to  11-2604(a), and, unless expressly waived by the court, shall be subject to a maximum amount of $750 per proceeding. Counsel shall also be reimbursed for expenses reasonably incurred. Compensation for investigative, expert, and other services shall be in accordance with  11-2605. This subsection shall be implemented pursuant to procedures established by the court. (d) If the court finds that the Attorney General has proven the averments in the petition by a preponderance of the evidence, it may: (1) Direct any person to refrain from abusing, neglecting, exploiting, directly or indirectly interfering with the provision of services to, residing with, or otherwise contacting the adult in need of protective services; (2) Direct a caregiver to fulfill his, her, or its legal or contractual responsibilities, or to refrain from inadequately carrying out voluntarily assumed responsibilities; (3) Direct the Mayor to petition for the appointment of a conservator or guardian; (4) Direct the Mayor to provide specified or unspecified protective services, including at night and on weekends if necessary; provided, that the court shall not direct the Mayor to provide a type of service not otherwise made available by the District government; (5) Direct the Mayor, a caregiver, or, when appropriate, another party to the proceeding to remove the adult in need of protective services to a hospital, nursing home, community residence facility, hospice, or other appropriate facility (except a facility or part of a facility that has as its principal purpose the diagnosis and treatment of mental illnesses and disorders), so long as the placement is the least restrictive setting available in which the adults needs can be adequately met; (6) Direct any person to pay or reimburse the District, in accordance with  7-1910, for relief granted under paragraph (4) or (5) of this subsection; or (7) Direct any combination of the above. (e) When granting relief under subsection (d)(3) through (5) of this section, the court shall first consider those remedies that encourage maximum self-determination and are least restrictive of personal liberty. In so doing, the court shall adopt a strong, rebuttable presumption in favor of home care over institutionalization. Secondarily, the court shall inquire about and take into consideration potential expense to the District. (f) The court may modify or rescind a provisional protection order upon the motion of any party to the original proceeding and for good cause shown. Except as provided in subsection (g) of this section, a provisional protection order granting the relief in subsection (d)(4) or (5) of this section shall remain effective as to that relief for such period up to 45 calendar days as the court may specify, except that on the motion of any party to the original proceeding and for good cause shown, the court may grant a single extension for a period not to exceed an additional 45 calendar days. This 90-day time limitation may not be circumvented by the attempted issuance of a new order or reissuance of the original order before or after the extension period has expired. Relief granted under subsection (d)(1) through (3) and (6) of this section shall remain effective for such period as the court may specify. (g) When determining the duration of a provisional protection order that directs the Mayor to provide protective services, the court shall take into account the number of days, if any, that the District has already provided services pursuant to  7-1905(a) or  7-1907, and in no event shall the issuance of a protection order result in the Districts being required to provide more than 90 days of services in any particular case.  (Mar. 14, 1985, D.C. Law 5-156,  7, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(f), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2506. Section References This section is referenced in  7-1905 and  7-1907. Effect of Amendments D.C. Law 16-67, in the lead-in text of subsec. (a), subsec. (b), and subsec. (d), substituted Attorney General for Corporation Counsel; in subsec. (b), substituted Attorney Generals for Corporation Counsels; in subsec. (a)(4), substituted neglect, self-neglect for neglect; and, in subsec. (a)(5)(A), substituted impairment or incapacity for impairment. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71907. Ex parte temporary protection order. (a) If a petition filed in accordance with  7-1906(a) is supported by affidavit and alleges the existence of an immediate, substantial risk of life-threatening harm to an adult who the Department has determined is in need of protective services, the court may, upon a finding of probable cause and in accordance with  7-1906(e), grant any relief listed in  7-1906(d) immediately and without a hearing by issuing an ex parte temporary protection order. The Attorney General shall ensure that, within 48 hours after the issuance of such an order, notice of the hearing date and copies of the petition, supporting affidavit(s), and order are served on the same parties and in the same manner described in  7-1906(b). (b) An ex parte temporary protection order shall remain effective for such period as the court may specify until a hearing is held and the petition for a provisional protection order granted or denied pursuant to  7-1906. The court may modify or rescind an ex parte temporary protection order upon the motion of any person and for good cause shown.  (Mar. 14, 1985, D.C. Law 5-156,  8, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(g), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2507. Section References This section is referenced in  7-1905 and  7-1906. Effect of Amendments D.C. Law 16-67, in subsec. (a), substituted Attorney General for Corporation Counsel. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71908. Qualified immunity for person reporting alleged abuse. Any person who reports an alleged case of abuse, neglect, self-neglect, or exploitation pursuant to  7-1903 shall be immune from civil or criminal liability for so reporting if he, she, or it has acted in good faith.  (Mar. 14, 1985, D.C. Law 5-156,  9, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(h), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2508. Effect of Amendments D.C. Law 16-67 substituted neglect, self-neglect, for neglect,. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71909. Rules. (a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules deemed necessary to carry out the purposes of this chapter. These rules shall at a minimum include procedures to ensure: (1) The effective coordination of investigative efforts by the police and the Department and the availability of police assistance should it be required, pursuant to  7-1904(a) and 7-1905(d); (2) The effective coordination of interdepartmental resources and actions when a report made to the Department alleges that an individual, facility, or agency licensed by the District of Columbia is responsible for the abuse, neglect, or exploitation of an impaired adult; (3) That, unless exigent circumstances dictate otherwise, nonindigent adults in need of protective services and persons legally responsible for providing any or all of the services provided or contracted for by the District reimburse the District for, or make a reasonable contribution toward, the cost of providing those services; (4) The effective coordination of interdepartmental resources and actions when the Department seeks records or documents in the possession of another agency, including exempting the Department from payment of any and all fees otherwise required to obtain a record if the request is made in the course of an investigation or of the provision of protective services by the Department, and ensuring that requests for records or documents by the Department are given high priority by other governmental agencies; and (5) The effective coordination of interdepartmental resources and actions, providing for expedited access to governmental services on behalf of an adult in need of protective services, and ensuring that requests for such services are given high priority by other governmental agencies. (b) Within 60 days of March 8, 2006, the Mayor shall issue rules necessary to implement the provisions of D.C. Law 16-67. (c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of the Adult Protective Services Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-199).   (Mar. 14, 1985, D.C. Law 5-156,  10, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(i), 53 DCR 40; Mar. 2, 2007, D.C. Law 16-191,  129, 53 DCR 6794; Feb. 18, 2017, D.C. Law 21-199,  2(b), 63 DCR 15036.)  Prior Codifications 1981 Ed.,  6-2509. Section References This section is referenced in  7-1904,  7-1905, and  7-1910. Effect of Amendments D.C. Law 16-67, designated the existing text as subsec. (a); in the lead-in text of subsec. (a), deleted no later than October 1, 1985, following Mayor shall,; rewrote subsec. (a)(2); in subsec. (a)(3), substituted services; for services.; and added subsecs. (a)(4), (5), and (b). Prior to amendment, subsec. (a)(2) read as follows: (2) The effective coordination of interdepartmental resources and actions when a report made to the Department alleges that an individual, facility, or agency licensed by the Department of Consumer and Regulatory Affairs is responsible for the abuse, neglect, or exploitation of an impaired adult; and. D.C. Law 16-191, in subsec. (a), deleted and preceding pursuant to. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71910. Payment or reimbursement for cost of protective services. (a) In implementing  7-1909(3), the Mayor may establish a sliding scale based on ones ability to pay. No adult in need of protective services shall be denied those services because he or she is unable to pay for them or because a person (other than the adult) who is legally responsible for providing any or all of the services refuses to reimburse the District or contribute to their cost. The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the adult in need of protective services or person(s) legally responsible for those services to pay or reimburse the District for so much of the cost of providing protective services under this chapter as he or she is reasonably able to afford. The court, however, may not direct an adult in need of protective services to pay or reimburse the District for any of the cost of providing those services if the court orders the services over the continued objection of the adult after finding that the objection has been prompted by fear or intimidation instilled by another. (b) The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the person(s) responsible for an adults abuse, neglect, or exploitation to pay or reimburse the District for all or part of the costs associated with conducting the investigation, appointing counsel, and providing protective services in that particular case. In so doing, the Attorney General shall have the burden of proving a persons responsibility for abuse, neglect, or exploitation by a preponderance of the evidence. Testimony of the defendant(s), and the fruits of that testimony, shall be inadmissible as evidence in a subsequent criminal trial except in a prosecution for perjury or false statement.  (Mar. 14, 1985, D.C. Law 5-156,  11, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(j), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2510. Section References This section is referenced in  7-1906. Effect of Amendments D.C. Law 16-67, in subsecs. (a) and (b), substituted Attorney General for Corporation Counsel. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71911. Waiver of privilege. Any professional covered by the privilege established in  14-307, who has or had as his or her client or patient the adult alleged or determined to be in need of protective services may be required, without the consent of that adult or his or her legal representative, to testify or otherwise disclose confidential information in any court proceeding held pursuant to this chapter if the judge determines that the privilege should be waived in the interest of justice.  (Mar. 14, 1985, D.C. Law 5-156,  12, 32 DCR 13.)  Prior Codifications 1981 Ed.,  6-2511. Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71912. Penalties; enforcement. (a)(1) Any person required to report under  7-1903(a)(1) who willfully fails to do so shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $300. (2) Any person who willfully makes a report under  7-1903 containing information that he or she knows to be false shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. (3) Any person who willfully discloses, receives, uses, or permits the use of a report, investigative information, or other data in violation of  7-1903(d) shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. (4) Any person who, because of a report made under  7-1903 or testimony given in support of the allegations contained in such a report, retaliates against any other person by taking action that adversely affects the latters rights, privileges, living arrangement, or terms of employment shall be civilly liable for any damages caused by that retaliation and, in addition, subject to punitive damages not exceeding $5,000. (5) Any health-care administrator or health professional licensed in the District who willfully fails to make a report required by  7-1903(a)(1), or willfully makes a report under  7-1903 containing information that he or she knows to be false, shall be guilty of unprofessional conduct and subject to any sanction available to the governmental board, commission, or other authority responsible for his or her licensure. (b) Criminal prosecutions brought under subsection (a) of this section shall be in the Superior Court of the District of Columbia by information signed by the Attorney General. (c)(1) Any person who is aggrieved by a violation of this chapter, or who is acting on or in behalf of a person aggrieved by a violation of this chapter, may maintain an action in court to enjoin the continuation of that violation or the commission of any future violation. In any such action that challenges the adequacy of protective services provided under  7-1905(a), the court may direct the Mayor to provide additional or different services only upon a finding of bad-faith noncompliance. Should such a finding be made, days on which, in the opinion of the court, the services provided were grossly inadequate shall not be counted against the 90-day limitation in  7-1905(a)(2). Actions brought under this paragraph shall, commensurate with the exigency of the circumstances alleged, be expedited pursuant to procedures to be established by the court. (2) No right to monetary relief shall lie against the District for a violation of this chapter. Denial of such a right, however, shall in no way be construed to limit or impede any other action for monetary relief that might be available pursuant to other federal or District law.  (Mar. 14, 1985, D.C. Law 5-156,  13, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(k), 53 DCR 40; Mar. 25, 2009, D.C. Law 17-353,  102(b), 56 DCR 1117.)  Prior Codifications 1981 Ed.,  6-2512. Section References This section is referenced in  7-1905. Effect of Amendments D.C. Law 16-67, in subsec. (b), substituted Attorney General for Corporation Counsel. D.C. Law 17-353 validated a previously made technical correction in subsec. (b). Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71913. Reporting to Council. The Mayor shall submit to the Council an annual report on this chapter, which shall at a minimum include the following: (1) A description of the specific actions taken to implement this chapter, including the staffing pattern and budget of the responsible administrative unit; (2) An analysis by fiscal year of: (A) The number of cases reported, investigations conducted, and reports substantiated; (B) The characteristics of both substantiated and unsubstantiated cases, including a breakdown by age, impairment, individual reporting, police involvement, services refused, and type of abuse, neglect, or exploitation involved; (C) The number of cases referred to court, the reasons for referral, their outcome, and associated court costs; (D) The type, amount, and cost of protective services provided; (E) The percentage of cost reimbursed by or recouped from 3rd parties; (F) The status of substantiated cases at the end of 90 days of services, and the average number of days of services per case; (G) The effectiveness with which government agencies and private organizations collaborate to investigate cases and administer protective services, including any proposals to improve coordination of efforts; and (H) The resources needed by the Department to conduct investigations and provide services as authorized by and required under this chapter; and (3) Any recommendations for amendments to this chapter.  (Mar. 14, 1985, D.C. Law 5-156,  14, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67,  2(l), 53 DCR 40.)  Prior Codifications 1981 Ed.,  6-2513. Effect of Amendments D.C. Law 16-67, in the lead-in text, substituted The Mayor shall submit to the Council an annual for No later than October 1, 1987, the Mayor shall prepare and submit to the Council a; in pars. (2)(E) and (F), deleted and from the end; and added pars. (2)(G) and (H). Editor's Notes Delayed application of Law 5-156: See Historical and Statutory Notes following  7-1901.
 71931. Community Health Care Financing Fund; establishment, purpose. (a) There is hereby established within the General Fund a special nonlapsing interest earning account to be designated as the Community Health Care Financing Fund (Fund), into which the Chief Financial Officer shall deposit all: (1) Proceeds received by the District from the sale by the District of Columbia Tobacco Settlement Financing Corporation of its Tobacco Settlement Asset-Backed Bonds, Series 2006; (2) Receipts from any fees and taxes specifically identified by District law to be paid into the Fund; (3) All payments received from Greater Southeast Investment, L.P., relating to its loans of approximately $49 million to Specialty Hospitals of America, LLC, or certain of its subsidiaries; (4) The Districts share of any proceeds arising from a disposition of all or any part of the land and improvements on Lots 3 and 4, Square 5919; and (5) Fees collected pursuant to  50-1501.02f(b)(1). (b) The purposes of the Fund shall be to directly pay to promote health care and for the delivery of health care related services in the District, including the construction of health care facilities and the operation of health care related programs, promoting breast cancer prevention and treatment, or to reimburse any account of the General Fund for its expenditures for these purposes. (c) All interest generated by the Fund shall be retained by the Fund.  (Mar. 14, 2007, D.C. Law 16-288,  101, 54 DCR 976; July 18, 2008, D.C. Law 17-186,  2, 55 DCR 6113; Nov. 27, 2018, D.C. Law 22-185,  3, 65 DCR 11404.)  Section References This section is referenced in  7-1932 and  47-2402.01. Effect of Amendments D.C. Law 17-186, in subsec. (a), deleted and from the end of par. (1), substituted a semicolon for a period at the end of par. (2), and added pars. (3) and (4). Emergency Legislation For temporary (90 day) addition, see  4 of East of the River Hospital Revitalization Tax Exemption Emergency Amendment Act of 2007 (D.C. Act 17-174, November 2, 2007, 54 DCR 11216). Temporary Legislation For temporary (225 day) addition, see  4 of East of the River Hospital Revitalization Tax Exemption Temporary Amendment Act of 2007 (D.C. Law 17-76, January 23, 2008, law notification 55 DCR 1456). Short Title Short title: Section 10021 of D.C. Law 19-21 provided that subtitle C of title X of the act may be cited as Special Purpose Fund Transfer Act of 2011. Editor's Notes Section 10022 of D.C. Law 19-21 provided: Sec. 10022. Notwithstanding any provision of law limiting the use of funds in the Community Health Care Financing Fund established by section 101 of the Community Access to Health Care Omnibus Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-288; D.C. Official Code  7-1931), the Chief Financial Officer shall transfer, from the certified resources of the Community Health Care Financing Fund, to the unrestricted fund balance of the General Fund, and recognize as revenue in fiscal year 2012, $5.126 million. Delegation of Authority Delegation of Authority pursuant to D.C. Law 16-288, the Community Access to Health Amendment Act of 2006, see Mayors Order 2007-82, April 2, 2007 ( 54 DCR 7811).
 71932. Authorization of grants. (a) The Mayor is authorized to make grants from the Fund and to enter into agreements with the recipients of the grants containing any terms and conditions that the Mayor determines necessary or appropriate to effect a purpose of the Fund, as described in  7-1931(b). (b) Of the funds available, the Mayor shall: (1) Reserve up to $116 million for construction of health care facilities, subject to subsection (c) of this section. Any grant awarded pursuant to this paragraph shall be awarded through competitive bidding in accordance with Unit A of Chapter 3 of Title 2 [ 2-301.01 et seq.]. Notwithstanding the preceding provisions of this paragraph, the Mayor may invest, subject to approval by the Council, up to $79 million to capitalize a public-private partnership by non-competitive negotiations with Specialty Hospitals of America, LLC, or certain of its subsidiary entities, to acquire, improve, and operate Greater Southeast Community Hospital; provided, that notwithstanding any agreement regarding the repayment of funds associated with this public-private partnership, beginning in calendar year 2009, repayment by Specialty Hospitals of America, LLC, or certain of its subsidiaries, of the $20 million working capital loan shall be deferred until December 31, 2015, at which time the originally agreed to repayment schedule shall resume. (2) Reserve up to $80 million for urgent and emergent care upgrades, subject to subsection (c) of this section. Any grant awarded pursuant to this paragraph shall be awarded through competitive bidding in accordance with Unit A of Chapter 3 of Title 2 [ 2-301.01 et seq.]; (3) Reserve $4.6 million to fund a comprehensive chronic disease management and prevention program related to the 10 leading causes of death in the District of Columbia to be administered by nonprofit organizations in partnership with the Department of Health. Any grant awarded pursuant to this paragraph shall be awarded through competitive bidding in accordance with Unit A of Chapter 3 of Title 2 [ 2-301.01 et seq.]; (4) Grant $16.5 million to the D.C. Cancer Consortium to implement a comprehensive cancer prevention program, subject to subsection (d) of this section; provided, that $750,000 shall be utilized during fiscal year 2010 to support tobacco cessation programs including the DC Quitline and free nicotine replacement programs for District residents. (5) Grant $10 million to the American Lung Association of the District of Columbia to implement a tobacco cessation program in partnership with the American Cancer Society, subject to subsection (d) of this section; (6) Grant $6 million to the District of Columbia Primary Care Association (DCPCA), subject to subsection (d) of this section, for the purpose of establishing a regional health information exchange program, which shall be modeled on other regional health information organizations that have been established in other regions around the United States, among community health centers, hospitals, physician practices, and other health care providers to improve patient coordination of care and health outcomes and to build a secure database of patient health information that can be used for disease surveillance, quality-monitoring, policy-making, and clinical research; the DCPCA shall partner with the National Institute of Medical Informatics to develop a regional health information organization, with DCPCA initially acting as fiscal agent and subsequently sub-granting the funds to the regional health information organization once it is staffed; (7) Grant up to $1.5 million to the Rand Corporation, subject to subsection (d) of this section, for the following purposes: (A) Conducting a comprehensive assessment of the Districts health care delivery system for individuals with urgent or emergent medical needs and recommending improvements and expansions of that system; (B) Conducting a comprehensive assessment of the health care needs in Wards 7 and 8 and making recommendations to address the identified health care needs in those Wards; and (C) Providing an analysis of the ongoing operating and capital costs associated with the development of ambulatory health care centers and of other health care facilities, including the Healthplex model; (8) Grant $1.5 million for the purpose of procuring emergency transport vehicles; subject to the completion of a deployment plan that indicates annual operating costs, staffing requirements, and maintenance costs; (9) For fiscal year 2010, grant $750,000 to support operational expenses associated with the Medical Homes DC Initiative, subject to subsection (d) of this section; and (10) For fiscal year 2011: (A) Allocate $4.4 million to support health services at the D.C. Jail; and (B) Allocate $1 million to support the Districts AIDS Drug Assistance Program. (c)(1) Use of the reserved funds as authorized by subsection (b)(1) and (2) of this section shall be contingent upon the findings of the comprehensive assessment described in subsection (b)(7) of this section. (2) The Mayor is authorized to issue a request for proposals based upon the findings of the comprehensive assessment described in subsection (b)(7) of this section to promote health care and for the delivery of health care related services in the District, including the construction of health care facilities and the operation of health care related programs. (3) Any reserved funds authorized by subsection (b)(1) and (2) of this section made available to Greater Southeast Community Hospital shall be contingent upon the condition that Greater Southeast Community Hospital changes ownership. (4) Notwithstanding any other provision of this chapter, the Mayor is authorized to enter into a public/private partnership with a new owner of Greater Southeast Community Hospital to assure the continued operation of the Districts existing programs (the psychiatric unit, clinics-primary care, specialty unit, and corrections unit) and the operation of planned programs (the comprehensive psychiatric emergency program, the expansion of the psychiatric unit, and a Detox unit) that are at, or planned for, the hospital, as well as other future programs, and the delivery of quality health care for the Districts residents living in the far northeast and southeast areas of the District; provided, that any public/private partnership requires that any new hospital constructed on the Greater Southeast Community Hospital campus integrate all of the mentioned existing and planned programs into the new facility; provided further, that the operating costs associated with the services described herein shall not come from the Tobacco Settlement Trust Fund established by  7-1811.01. (d)(1) A grant awarded pursuant to subsection (b)(4),(5), (6), (7), or (9) of this section shall be awarded through noncompetitive negotiations; provided, that the grant be submitted to the Council for a 10-day period of review, excluding days of Council recess. (2) If the Council does not approve or disapprove the grant by resolution within the 10-day review period, the grant shall be deemed approved.  (Mar. 14, 2007, D.C. Law 16-288,  102, 54 DCR 976; June 5, 2008, D.C. Law 17-167,  2, 55 DCR 5178; Mar. 25, 2009, D.C. Law 17-353,  167(a), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111,  5101, 5161, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223,  5132, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370,  802(b), 58 DCR 1008; Sept. 26, 2012, D.C. Law 19-171,  50, 59 DCR 6190.)  Section References This section is referenced in  7-1933. Effect of Amendments D.C. Law 17-167, in subsec. (b)(1), substituted Title 2. Notwithstanding the preceding provisions of this paragraph, the Mayor may invest, subject to approval by the Council, up to $79 million to capitalize a public-private partnership by non-competitive negotiations with Specialty Hospitals of America, LLC, or certain of its subsidiary entities, to acquire, improve, and operate Greater Southeast Community Hospital; for Title 2;; and, in subsec. (c)(3), deleted and the findings of the comprehensive assessment described in subsection (b)(7) of this section following ownership. D.C. Law 17-353 validated a previously made technical correction in the punctuation in subsec. (c)(4). D.C. Law 18-111, in subsec. (b)(1), substituted Community Hospital; provided, that notwithstanding any agreement regarding the repayment of funds associated with this public-private partnership, beginning in calendar year 2009, repayment by Specialty Hospitals of America, LLC, or certain of its subsidiaries, of the $20 million working capital loan shall be deferred until December 31, 2015; at which time the originally agreed to repayment schedule shall resume. for Community Hospital;; and, in subsec. (b)(4), substituted subject to subsection (d) of this section; provided, that $750,000 shall be utilized during fiscal year 2010 to support tobacco cessation programs including the DC Quitline and free nicotine replacement programs for District residents. for subject to subsection (d) of this section.; added subsec. (b)(9); in subsec. (d)(1), substituted subsection (b)(4),(5), (6), (7), or (9) of this section for subsection (b)(4),(5), (6) or (7) of this section. D.C. Law 18-223, in subsec. (a), substituted $4.6 million for 10 million; and, in subsec. (b), deleted and from the end of par. (8); substituted ; and for a period at the end of par. (9), and added par. (10). D.C. Law 18-370, in subsec. (b)(4), substituted $16.5 million for $20 million. The 2012 amendment by D.C. Law 19-171 redesignated (b)(10) as added by D.C. Law 18-111 as (b)(9); and substituted (b)(4), (5), (6), (7), or (9) for (b)(4), (5), (6), (7), (9), or (10) in (d)(1). Emergency Legislation For temporary (90 day) amendment of section, see  2 of East of the River Hospital Revitalization Emergency Amendment Act of 2007 (D.C. Act 17-168, October 19, 2007, 54 DCR 10978). For temporary (90 day) amendment of section, see  2 of East of the River Hospital Revitalization Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-249, January 23, 2008, 55 DCR 1255). For temporary (90 day) amendment of section, see  5101, 5161 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5101, 5161 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) amendment of section, see  3, 4 of Healthy DC Equal Access Fund and Hospital Stabilization Emergency Amendment Act of 2009 (D.C. Act 18-310, February 18, 2010, 57 DCR 1635). For temporary (90 day) amendment of section, see  5132 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). For temporary (90 day) amendment of section, see  802(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662). Temporary Legislation For temporary (225 day) amendment of section, see  2 of (D.C. Law 17-71, January 23, 2008, law notification 55 DCR 1451). Sections 3 and 4 of D.C. Law 18-154 substituted Community Hospital; provided, that notwithstanding any agreement regarding the repayment of funds associated with this public-private partnership, beginning in calendar year 2009, repayment by Specialty Hospitals of America, LLC, or certain of its subsidiaries, of the $20 million working capital loan shall be deferred until December 31, 2015, at which time the originally agreed to repayment schedule shall resume; provided further, that the Mayor may withdraw the deferment and re-establish the loan repayment schedule. for Community Hospital;. Section 8(b) of D.C. Law 18-154 provided that the act shall expire after 225 days of its having taken effect. Short Title Short title: Section 5100 of D.C. Law 18-111 provided that subtitle K of title V of the act may be cited as the Community Access to Health Care Amendment Act of 2009. Short title: Section 5160 of D.C. Law 18-111 provided that subtitle Q of title V of the act may be cited as the Community Access to Health Care United Medical Center Amendment Act of 2009. Short title: Section 5131 of D.C. Law 18-223 provided that subtitle N of title V of the act may be cited as the Community Access to Health Care Amendment Act of 2010. Short title: Section 801 of D.C. Law 18-370 provided that title VIII of the act may be cited as Fiscal Year 2011 Transfer of Special Purpose Funds Act of 2010. Mayor's Orders Re-establishmentThe Loan Repayment Schedule, see Mayors Order 2010-70, April 28, 2010 ( 57 DCR 4674). Delegation of Authority Delegation of Authority pursuant to D.C. Law 16-288, the Community Access to Health Amendment Act of 2006, see Mayors Order 2008-74, May 2, 2008 ( 55 DCR 6930). Delegation of Authority pursuant to D.C. Law 16-288, the Community Access to Health Amendment Act of 2006, see Mayors Order 2008-108, August 12, 2008 ( 55 DCR 9391).
 71933. Rand Corporation Assessment Advisory Committee. (a) There is established an advisory committee to provide oversight and review of the assessment and analysis described in  7-1932(b)(7). The advisory committee shall consist of 5 members, 2 of whom shall be appointed by the Mayor and 3 of whom shall be appointed by the Council. (b) The advisory committee shall meet at a regular time and place to be determined by the committee. The advisory committee shall dissolve when its oversight and review role is complete.  (Mar. 14, 2007, D.C. Law 16-288,  103, 54 DCR 976; Mar. 25, 2009, D.C. Law 17-353,  167(b), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in subsec. (a). Editor's Notes Because of the enactment of subchapter II of Chapter 36 of Title 6subchapter II of Chapter 20 of Title 7, 2001 Ed. by D.C. Law 12-215, the preexisting text  7-2001 to 7-2008, 2001 Ed. has been designated as subchapter I.
 71941.01. Definitions. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  2, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.02. Community Health Care Provider Expansion Program. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  3, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.03. Community Health Care Facility Expansion Revolving Fund. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  4, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.04. Grant administrator. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  5, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.05. Health care provider facilities location requirements. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  6, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.06. Loan documentation. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  7, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 71941.07. Applicability. [Repealed] Repealed.  (May 5, 2018, D.C. Law 22-97,  8, 65 DCR 2870; Dec. 3, 2020, D.C. Law 23-149,  7093, 67 DCR 10493.) 
 7201. Definitions. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  2, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180,  2(a), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269,  104(a), 48 DCR 1270; Apr. 11, 2003, D.C. Law 14-299,  2(a), 50 DCR 388; July 18, 2008, D.C. Law 18-33,  2(a), 56 DCR 4269; Apr. 7, 2017, D.C. Law 21-258,  2(a), 64 DCR 2067; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-201. Section References This section is referenced in  7-219. Effect of Amendments D.C. Law 13-269 added par. (7A). D.C. Law 14-299, in par. (12), substituted Department of Health for Department of Human Services. D.C. Law 18-33 redesignated former par. (4A) as (4C); and added pars. (4A) and (4B). Emergency Legislation For temporary amendment of section, see  3(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  3(a) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  3(a) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  3(a) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  3(a) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  103(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  103(a) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  103(a) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  103(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  104(a) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  3(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  3(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  103(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  103(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238). For temporary (225 day) additions, see  2, 3 of Tobacco Settlement Model Temporary Act of 1999 (D.C. Law 13-45, October 20, 1999, law notification 46 DCR 8865).
 7202. Vital records system established. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  3, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-202. Section References This section is referenced in  7-228.
 7203. Appointment and duties of Registrar. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  4, 28 DCR 3271; Apr. 11, 2003, D.C. Law 14-299,  2(b), 50 DCR 388; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-203. Section References This section is referenced in  1-608.01 and  7-228. Effect of Amendments D.C. Law 14-299 substituted Department of Health for Department of Human Services.
 7204. General requirements. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  5, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-204.
 7205.01. Social Security numbers. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  6a; as added July 25, 1990, D.C. Law 8-150,  5, 37 DCR 3720; Apr. 3, 2001, D.C. Law 13-269,  105, 48 DCR 1270; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-205.1. Effect of Amendments D.C. Law 13-269 rewrote subsec. (b) which formerly read: (b) The Social Security account number shall be collected by the Register of Vital Records and made available only to the Department of Human Services Office of Paternity and Child Support Enforcement, and the Child Support Section of the Civil Division of the Office of the Corporation Counsel for the enforcement of child support orders. A Social Security account number shall not be available for any other purpose. Emergency Legislation For temporary amendment of section, see  4 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  4 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  4 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  4 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  4 of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  104 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  104 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  104 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  104 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  105 of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  4 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  4 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  104 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  104 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
 7205. Birth registration. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  6, 28 DCR 3271; Apr. 3, 2001, D.C. Law 13-269,  104(b), 48 DCR 1270; Apr. 11, 2003, D.C. Law 14-299,  2(c), 50 DCR 388; July 18, 2008, D.C. Law 18-33,  2(b), 56 DCR 4269; Nov. 5, 2013, D.C. Law 20-37,  2(a), 60 DCR 12145; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-205. Section References This section is referenced in  7-207,  7-213, and  16-2345. Effect of Amendments D.C. Law 13-269 rewrote sub par. (e)(3), which formerly read: (3) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall only be entered on the certificate with the written consent of the mother and the person to be named as the father, in which case, upon written request to the Registrar by both parents, the surname of the child shall be entered on the certificate as that of the father; D.C. Law 14-299, in subsec. (e)(3), substituted certificate; for certificate. In such cases, upon written request to the Registrar by both parents, the surname of the child shall be entered on the certificate as that of the father;; and added subsec. (e)(5). D.C. Law 18-33 rewrote subsecs. (c)(3), (e)(3), and (e)(5); in subsec. (e)(2), substituted spouse for husband and substituted a parent for the father; and added pars. (e)(2A) and (3A). The 2013 amendment by D.C. Law 20-37 rewrote (f). Emergency Legislation For temporary amendment of section, see  3(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  3(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  3(b) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  3(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  3(b) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  103(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  103(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  103(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  103(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  104(b) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  3(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  3(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  103(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  103(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
 7206. Infants of unknown parentage. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  7, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-206.
 7207. Delayed filing and registration of birth. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  8, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-207. Section References This section is referenced in  7-208 and  7-210.
 7208. Judicial procedure to establish facts of birth. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  9, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-208. Section References This section is referenced in  7-210.
 7209. Adoption forms. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  10, 28 DCR 3271; Apr. 11, 2003, D.C. Law 14-299,  2(d), 50 DCR 388; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-209. Section References This section is referenced in  7-210. Effect of Amendments D.C. Law 14-299, in subsec. (b), substituted Department of Health for Department of Human Services.
 7210.01. New certificates of birth for change of gender designation. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  11a; as added Nov. 5, 2013, D.C. Law 20-37,  2(c), 60 DCR 12145; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Section References This section is referenced in  16-2503. Effect of Amendments The 2013 amendment by D.C. Law 20-37 added this section.
 7210. New certificates of birth for adoption and determination of parentage. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  11, 28 DCR 3271; May 21, 1992, D.C. Law 9-101,  3, 39 DCR 2146; Mar. 2, 2007, D.C. Law 16-191,  32, 53 DCR 6794; Sept. 24, 2010, D.C. Law 18-230,  602, 57 DCR 6951; Nov. 5, 2013, D.C. Law 20-37,  2(b), 60 DCR 12145; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-210. Effect of Amendments D.C. Law 16-191, in subsec. (a)(4), deleted or  46-720 from the end. D.C. Law 18-230 rewrote subsec. (a-1). The 2013 amendment by D.C. Law 20-37 added for adoption and determination of parentage at the end of the section heading.
 7211. Death registration. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  12, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180,  2(b), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269,  104(c), 48 DCR 1270; Apr. 7, 2017, D.C. Law 21-258,  2(b), 64 DCR 2067; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-211. Section References This section is referenced in  7-212,  7-214, and  7-220. Effect of Amendments D.C. Law 13-269 rewrote the first sentence of subsec. (i), which previously read Each death certificate shall contain a pronouncement of death section and a medical certification of cause of death section. Emergency Legislation For temporary amendment of section, see  3(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  3(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  3(c) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  3(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  3(c) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  103(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  103(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  103(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  103(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  104(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  3(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  3(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  103(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  103(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
 7212. Delayed filing and registration of death. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  13, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-212.
 7213. Reports of fetal deaths. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  14, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-213.
 7214. Final disposition of dead body or fetus. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  15, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180,  2(c), 39 DCR 8078; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-214.
 7215. Marriage registration. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  16, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-215.
 7216. Divorce and annulment registration. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  17, 28 DCR 3271; Apr. 3, 2001, D.C. Law 13-269,  104(d), 48 DCR 1270; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-216. Effect of Amendments D.C. Law 13-269 added subsec. (c). Emergency Legislation For temporary amendment of section, see  3(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  3(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  3(d) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  3(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  3(d) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  103(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  103(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  103(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  103(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  104(d) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  3(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  3(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  103(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  103(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
 7217. Amendment. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  18, 28 DCR 3271; Mar. 14, 1985, D.C. Law 5-159,  18, 32 DCR 30; Nov. 5, 2013, D.C. Law 20-37,  2(d), 60 DCR 12145; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-217. Effect of Amendments The 2013 amendment by D.C. Law 20-37 repealed (d).
 7218. Reproduction. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  19, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-218.
 7219. Confidentiality. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  20, 28 DCR 3271; Oct. 3, 2001, D.C. Law 14-28,  4615, 48 DCR 6981; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-219. Section References This section is referenced in  4-1371.06,  7-220, and  16-1054. Effect of Amendments D.C. Law 14-28 added subsec. (d). Emergency Legislation For temporary (90 day) amendment of section, see  15 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917). For temporary (90 day) amendment of section, see  15 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355). Temporary Legislation For temporary (225 day) amendment of section, see  15 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
 7220. Copies or data from records. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  21, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180,  2(d), (e), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269,  104(e), 48 DCR 1270; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-220. Effect of Amendments D.C. Law 13-269 added subsec. (h). Emergency Legislation For temporary amendment of section, see  3(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114). For temporary amendment of section, see  3(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923),  3(e) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110),  3(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and  3(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239). For temporary repeal of D.C. Law 12-103, see  13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110). For temporary (90-day) amendment of section, see  103(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) amendment of section, see  103(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) amendment of section, see  103(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90 day) amendment of section, see  103(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213). For temporary (90 day) amendment of section, see  104(e) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) amendment of section, see  3(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254). For temporary (225 day) amendment of section, see  3(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832). For temporary (225 day) amendment of section, see  103(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979). For temporary (225 day) amendment of section, see  103(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
 7221. Vital records fees and fund. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  22, 28 DCR 3271; Sept. 26, 1990, D.C. Law 8-168,  2, 37 DCR 4833; Oct. 8, 2016, D.C. Law 21-160,  5162, 63 DCR 10775; Feb. 18, 2017, D.C. Law 21-195,  2, 63 DCR 15016; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-221. Applicability Applicability of D.C. Law 21-195:  5 of D.C. Law 21-195 provided that the change made to this section by  2 of D.C. Law 21-195 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of amendments to this section, see  7183 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of amendments to this section, see  7183 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  Delegation of Authority Delegation of Authority Pursuant to the Vital Records Act of 1981, see Mayors Order 2002-13, February 1, 2002 ( 49 DCR 930).
 7222. Persons required to keep records. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  23, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-222.
 7223. Persons required to furnish information. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  24, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-223.
 7224. Matching birth and death certificates. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  25, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-224.
 7225. Penalties. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  26, 28 DCR 3271; June 5, 2003, D.C. Law 14-307,  502, 49 DCR 11664; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-225. Section References This section is referenced in  7-205. Effect of Amendments D.C. Law 14-307 designated the existing text as subsection (a); and added subsec. (b). Emergency Legislation For temporary (90 day) amendment of section, see  502 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700). For temporary (90 day) amendment of section, see  502 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151). For temporary (90 day) amendment of section, see  502 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
 7226. Regulations. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  27, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-226. Section References This section is referenced in  7-228.
 7227. Severability. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  28, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-227.
 7228. Effective date. [Repealed] Repealed.  (Oct. 8, 1981, D.C. Law 4-34,  31, 28 DCR 3271; Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.)  Prior Codifications 1981 Ed.,  6-228.
 72011.01. Definitions. For the purposes of this subchapter, the term: (1) "Child development facility" shall have the same meaning as provided in  7-2031(3). (2) "Non-traditional hours" means hours outside of 7:00 a.m. to 6:00 p.m. Monday through Friday, or on a 24-hour basis. (3) "OSSE" means the Office of the State Superintendent of Education. (4) "Staff members" means child development facility center directors, child development center teachers, child development center assistant teachers, child development home caregivers, expanded child development home caregivers, and expanded child development home associate caregivers.  (Aug. 1, 2017, D.C. Law 22-11,  2, 64 DCR 5610.)  Applicability Section 7038 of D.C. Law 22-33 repealed  7 of D.C. Law 22-11. Therefore the changes made to this section by D.C. Law 22-11 have been given effect. Applicability of D.C. Law 22-11:  7 of D.C. Law 22-11 provided that the creation of this section by  2 of D.C. Law 22-11 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032). 
 72011.02. Study of child development facilities with non-traditional hours. (a) OSSE shall contract with an entity to conduct a study to determine the number of child development facilities with non-traditional hours in the District that is sufficient to meet the needs of District families. (b) The entity completing the study shall: (1) Be nationally recognized; (2) Have expertise and knowledge of the child care industry, including costs, quality, and access; (3) Have a demonstrated understanding of best practices in connecting families and consumers with the type of child care they need; and (4) Have conducted a breadth of research in advancing affordable and accessible child care that supports the development and learning of children. (c) At a minimum, the study shall: (1) Determine the need for child development facilities with non-traditional hours, including need by ward and by type of industry of parent employment; (2) Evaluate the current level of service being provided in the District, including: (A) The total number of child development facilities with non-traditional hours currently operating in the District; (B) The hours of operations of each facility; (C) The location of each facility; and (D) Whether the facility participates in the child care subsidy program; (3) Identify areas of unmet need, including wards, hours, and services; and (4) With a particular focus on expanding the number of child development facilities that participate in the child care subsidy program, provide recommendations: (A) For expanding the number of child development facilities with non-traditional hours; and (B) On ways the District can incentivize more child development facilities to offer non-traditional hours.  (Aug. 1, 2017, D.C. Law 22-11,  3, 64 DCR 5610.)  Applicability Section 7038 of D.C. Law 22-33 repealed  7 of D.C. Law 22-11. Therefore the changes made to this section by D.C. Law 22-11 have been given effect. Applicability of D.C. Law 22-11:  7 of D.C. Law 22-11 provided that the creation of this section by  3 of D.C. Law 22-11 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032). 
 72011.03. Study on the impact of OSSE's regulations that require increased education qualifications for staff members. (a) OSSE shall contract with an entity to conduct a study to assess the impact of 5A DCMR  164 through 5A DCMR  171 on staff members and the cost of child care in the District. (b) The entity completing the study shall: (1) Be nationally recognized; (2) Have expertise and knowledge of the child care industry, including costs, quality, and access; (3) Have a demonstrated understanding of best practices in workforce development; and (4) Have conducted a breadth of research in advancing affordable and accessible child care that supports the development and learning of children. (c) At a minimum the study shall, by ward: (1) Provide demographic data on staff members in the District, including: (A) Gender identification; (B) Race; (C) Ethnicity; (D) Language spoken; (E) Income level; and (F) Highest level of educational attainment; (2) Assess the impact of increased educational requirements on the cost of child care; (3) Determine the impact of increased educational requirements on staff members working in the District; and (4) Provide recommendations: (A) On ways to increase educational requirements without financially burdening staff members; and (B) That identify professional development support for staff members.  (Aug. 1, 2017, D.C. Law 22-11,  4, 64 DCR 5610.)  Applicability Section 7038 of D.C. Law 22-33 repealed  7 of D.C. Law 22-11. Therefore the changes made to this section by D.C. Law 22-11 have been given effect. Applicability of D.C. Law 22-11:  7 of D.C. Law 22-11 provided that the creation of this section by  4 of D.C. Law 22-11 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032). 
 72011.04. Submission of studies to the Council. The OSSE shall submit the studies required in  7-2011.02 and  7-2011.03 to the Council no later than August 1, 2018.  (Aug. 1, 2017, D.C. Law 22-11,  5, 64 DCR 5610; Dec. 13, 2017, D.C. Law 22-33,  4106, 64 DCR 7652.)  Applicability Section 7038 of D.C. Law 22-33 repealed  7 of D.C. Law 22-11. Therefore the changes made to this section by D.C. Law 22-11 have been given effect. Applicability of D.C. Law 22-11:  7 of D.C. Law 22-11 provided that the creation of this section by  5 of D.C. Law 22-11 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032).   For temporary (90-day) amendment of this section, see  4106 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72011.05. Shared data and information with the Department of Employment Services. The Department of Employment Services shall coordinate with OSSE to share data and information regarding the District's workforce and workforce development.  (Aug. 1, 2017, D.C. Law 22-11,  6, 64 DCR 5610.)  Applicability Section 7038 of D.C. Law 22-33 repealed  7 of D.C. Law 22-11. Therefore the changes made to this section by D.C. Law 22-11 have been given effect. Applicability of D.C. Law 22-11:  7 of D.C. Law 22-11 provided that the creation of this section by  6 of D.C. Law 22-11 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032). 
 72011.06. Applicability. [Repealed] Repealed.  (Aug. 1, 2017, D.C. Law 22-11, 64 DCR 5610.)  Applicability Section 7038 of D.C. Law 22-33 repealed  11 of D.C. Law 21-259. Therefore the creation of this section by D.C. Law 21-259 has been implemented.  Emergency Legislation  For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90 days) repeal of  7 of D.C. Law 22-11, see  7038 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, Jul. 20, 2017, 64 DCR 7032). 
 72021.01. Definitions. For the purposes of this subchapter, the term: (1) "Child development facility" means a center, home, or other structure that provides care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. The term "child development facility" does not include a public or private elementary or secondary school engaged in legally required educational and related functions or a pre-kindergarten education program licensed pursuant to Chapter 2A of Title 38. (2) "Infant" means an individual younger than 12 months of age. (3) "Operator" means an individual or entity that owns or is responsible for the operations of a child development facility. (4) "OSSE" means the Office of the State Superintendent of Education, established by  38-2601. (5) "Subsidized child care" means part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including  4-404.01 and 4-405, and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (128 Stat. 1971; 42 U.S.C.  9858, note). (6) "Toddler" means an individual older than 12 months but younger than 36 months of age.  (Dec. 13, 2017, D.C. Law 22-33,  4102, 64 DCR 7652.)  Emergency Legislation  For temporary (90-day) creation of this section, see  4102 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  4102 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72021.02. Access to Quality Child Care Fund. (a) There is established as a special fund the Access to Quality Child Care Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with  7-2021.03 and subsection (c) of this section. (b) There shall be deposited into the Fund: (1) In Fiscal Year 2018, $11 million from local appropriations; and (2) Private donations, gifts, and grants. (c) Money in the Fund shall be used to provide grants or contracts to fund the following activities that expand access to child care: (1) Improving the supply of child care services for infants and toddlers, which may include establishing new or expanding existing child development facilities serving infants and toddlers; provided, that at least 50% of amounts expended pursuant to this paragraph are used to improve the supply of child care services for infants and toddlers eligible for subsidized child care; (2) Supporting the costs of certification, higher education, and credentialing of child development facility staff; (3) Providing technical assistance and training to child development facility operators to support compliance with the licensure process or efficient and effective operations; (4) Evaluating and assessing the availability, quality, and willingness of child development facility operators to expand services for infants and toddlers in the District and conducting studies authorized pursuant to subchapter I-A of this chapter; and (5) Carrying out other activities as determined by OSSE related to expanding access to infant and toddler child care and improving the quality of child care services provided in the District. (d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Dec. 13, 2017, D.C. Law 22-33,  4103, 64 DCR 7652.)  Emergency Legislation  For temporary (90-day) creation of this section, see  4103 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  4103 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72021.03. Access to quality child care grant-making authority. (a) Except as provided in subsection (b) of this section, the Office of the State Superintendent of Education shall award funds from the Access to Quality Child Care Fund available pursuant to  7-2021.02(c)(1), on a competitive basis, as grants to: (1) Organizations that provide child care services to infants and toddlers to open child development facilities; (2) Existing child development facilities to expand available space to serve infants and toddlers; or (3) Organizations that provide child care services to carry out other activities necessary to expand access to child care and improve the quality of child care services provided in the District consistent with the findings of the evaluation and studies conducted pursuant to  7-2021.02(c)(4). (b)(1) The OSSE may award a grant or contract to a single nonprofit organization that does not provide child care services to infants and toddlers; provided, that: (A) The grantee or contractor has a proven track record of success in grant-making related to child development facilities; (B) The grantee or contractor agrees to use 90% of OSSE's award to award subgrants to organizations that provide child care services, for the purposes of expanding child care services in accordance with the terms of this section; (C) The grantee or contractor agrees to undergo an annual audit and submit quarterly reports to OSSE on its financial health and its use of the OSSE award; and (D) The grantee or contractor has a proven track record in providing financing and investment approaches and technical assistance in child development facility financing and development. (2) A grant or contract awarded pursuant to this subsection shall be awarded for a term of at least 2 years, subject to the availability of funding. (3)(A) The grantee or contractor shall award subgrants for terms of at least 2 years, subject to the availability of funding. (B) All subgrants of District funds shall be awarded on a competitive basis. (C) Subgrants shall be awarded for the following purposes: (i) Improving the supply of child care services for infants and toddlers, which may include establishing new, renovating existing, or expanding child development facilities serving infants and toddlers; or (ii) Carrying out other activities necessary to expand access to child care and improving the quality of child care services provided in the District consistent with the findings of the evaluation and studies conducted pursuant to  7-2021.02(c)(4). (c) At least 50% of amounts awarded under this section shall be used to improve the supply of child care services for infants and toddlers eligible for subsidized child care. (d) The OSSE may not award a grant or contract under this section in excess of $1 million during a 12-month period, either singularly or cumulatively, unless the grant is first submitted to the Council for approval, in accordance with  1-204.51(b), or by act.  (Dec. 13, 2017, D.C. Law 22-33,  4104, 64 DCR 7652.)  Emergency Legislation  For temporary (90-day) creation of this section, see  4104 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  4104 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72001. Definitions. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  2, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3601. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72002. Child Care Services Assistance Fund; established. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  3, 36 DCR 550; Mar. 2, 2007, D.C. Law 16-192,  5183, 53 DCR 6899; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3602. Section References This section is referenced in  7-2001. Effect of Amendments D.C. Law 16-192, in subsec. (a), substituted up to $500,000 for up to $10,000. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary (90 day) amendment of section, see  5183 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see  5183 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see  5183 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). Temporary Legislation For temporary (225 day) amendment of section, see  3 of Day Care Grant-Making and Rulemaking Temporary Amendment Act of 2006 (D.C. Law 16-156, September 19, 2006, law notification 53 DCR 7928). Editor's Notes Because of the codification of D.C. Law 12-215 as subchapter II of this chapter, and the designation of the preexisting text as subchapter I, subchapter has been substituted for chapter in subsection (b). Delegation of Authority Delegation of authority pursuant to D.C. Law 7-220, the Child Care Services Assistance Fund Act of 1988, see Mayors Order 89-131, June 9, 1989. Delegation of Mayors Authority to Administer the Child Care Services Assistance Fund to the office of the State Superintendent of Education, see Mayors Order 2008-91, June 24, 2008 ( 55 DCR 9371).
 72003. Sources of funding. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  4, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3603. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72004. Eligibility. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  5, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3604. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72005. Repayment. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  6, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3605. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Editor's Notes Because of the codification of D.C. Law 12-215 as subchapter II of this chapter, the designation of the preexisting text as subchapter I, subchapter has been substituted for chapter in subsection (a).
 72006. Disclaimer of liability. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  7, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3606. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72007. Rules. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  8, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3607. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Editor's Notes Because of the codification of D.C. Law 12-215 as subchapter II of this chapter, the designation of the preexisting text as subchapter I, subchapter has been substituted for chapter in the first sentence.
 72008. Annual report by Mayor. [Repealed] Repealed.  (Mar. 16, 1989, D.C. Law 7-220,  9, 36 DCR 550; Dec. 13, 2017, D.C. Law 22-33,  4105, 64 DCR 7652.)  Prior Codifications 1981 Ed.,  6-3608. Emergency Legislation  For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  4105 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72031. Definitions. For the purposes of this subchapter, the term: (1) Care giver means an individual whose duties include direct care, supervision, and guidance of infants or children in a child development facility. (2) Child or children means an individual or individuals from 2 years to 15 years of age. (3) Child development facility means a center, home, or other structure that provides care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. Child development facility does not include a public or private elementary or secondary school engaged in legally required educational and related functions or a pre-kindergarten education program licensed pursuant to the Pre-k Act of 2008. (3A)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source. (B) "Drinking water source" shall not include a source of water for which a child development facility posts a conspicuous sign pursuant to  7-2051(b)(3). (3B) "Formal parent-led play cooperative" means: (A) A group of parents, step-parents, or legal guardians of participating children, including a group that has organized as a nonprofit organization, who have agreed to supervise the participating children during group meetings; and: (B) The group: (i) Meets at predetermined times for fewer than 4 hours per day; (ii) Meets at locations other than a home of one of the parents, step-parents, or legal guardians in the group; (iii) Does not require payment by parents, step-parents, or legal guardians, other than to cover the costs of administering the group, including rent, insurance, equipment, and activities; (iv) Requires, as a prerequisite to joining the group, that a parent, step-parent, or legal guardian of each participating child in the group volunteer a minimum number of hours to supervise the participating children during meetings, regardless of whether the group requires parents, step-parents, or legal guardians of every child to be present at every meeting; (v) Notifies, upon registration with the group, the parents, step-parents, and legal guardians of each participating child in the group that the group is not a child development facility licensed pursuant to this subchapter; (vi) Does not employ any individual to supervise participating children on behalf of parents other than to facilitate activities while parents, step-parents, or legal guardians supervise the participating children; and (vii) Has written policies and procedures for the prevention of the spread of infectious diseases, response to and prevention of food allergies, emergency preparedness, and handling of health information. (4) Infant means an individual younger than 12 months of age. (4A) "Informal parent-supervised neighborhood play groups" means: (A) A group of parents, step-parents, or legal guardians of participating children who gather together to allow children to play together; and (B) The group does not meet the definition of a formal parent-led play cooperative as defined in paragraph (3B) of this section. (5) Licensee means a child development facility that is licensed pursuant to this subchapter. (6) Person means any individual, firm, partnership, company, corporation, trustee, or association. (6A) Pre-k Act of 2008 means Chapter 2A of Title 38 [ 38-271.01 et seq.]. (7) Related person means any legal guardian or any of the following relationships established by marriage, adoption, or blood to the 5th degree: (A) Parent or step-parent; (B) Grandparent; (C) Brother, sister, step-sister, or step-brother; (D) Uncle or aunt; or (E) Niece or nephew. (7A) "Remediation steps" means, at a minimum, actions to: (A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or (B) Preclude people from consuming or cooking with water from a drinking water source. (8) Toddler means an individual older than 12 months but less than 24 months of age.  (Apr. 13, 1999, D.C. Law 12-215,  2, 46 DCR 274; July 18, 2008, D.C. Law 17-202,  603(a), 55 DCR 6297; Sept. 23, 2017, D.C. Law 22-21,  5(a), 64 DCR 7631; Mar. 29, 2019, D.C. Law 22-277,  2(a), 66 DCR 1725.)  Prior Codifications 1981 Ed.,  6-3621. Section References This section is referenced in  8-231.01. Effect of Amendments D.C. Law 17-202, in par. (3), substituted related functions or a pre- kindergarten education program licensed pursuant to the Pre-k Act of 2008 for related functions; and added par. (6A). Emergency Legislation  For temporary (90 days) , see  2(a) of Parent-led Play Cooperative Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-15, Feb. 25, 2019, 66 DCR 2472).   For temporary (90 days) amendment of this section, see  2(a) of Parent-led Play Cooperative Emergency Amendment Act of 2018 (D.C. Act 22-494, Oct. 23, 2018, 65 DCR12074).   For temporary (90 days) amendment of this section, see  6132(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  6132(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary regulation of child development facilities, see  2-21 of the Child Development Facilities Regulation Emergency Act of 1997 (D.C. Act 12-206, December 15, 1997, 44 DCR 346). For temporary addition of subchapter II, see  2-21 of the Child Development Facilities Regulation Emergency Act of 1998 (D.C. Act 12-511, November 10, 1998, 45 DCR 8153), and  2-21 of the Child Development Facilities Regulation Congressional Review Emergency Act of 1999 (D.C. Act 13-11, February 8, 1999, 46 DCR 2322). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(a) of Parent-led Play Cooperative Temporary Amendment Act of 2018 (D.C. Law 22-203, Feb. 22, 2019, 65 DCR 12336).  For temporary (225 day) addition of  7-2031 to 7-2050, see  2 to 21 of Child Development Facilities Regulation Temporary Act of 1997 (D.C. Law 12-71, March 20, 1998, law notification 45 DCR 2106). Editor's Notes Section 10 of D.C. Law 22-21 repealed  6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.  Delegation of Authority Delegation of authority pursuant to D.C. Act 13-11, the Child Development Facilities Regulation Congressional Review Emergency Amendment Act of 1999, see Mayors Order 99-66, April 28, 1999 ( 46 DCR 4231). Delegation of authority pursuant to D.C. Law 12-215, the Child Development Facilities Regulation Act of 1998, see Mayors Order 2000-124, August 3, 2000 ( 47 DCR 6808).
 72032. Applicability and scope. (a) This subchapter shall apply to every child development facility and care giver in the District of Columbia. (b) Unless exempted by this subchapter or the laws of other jurisdictions, the provisions and requirements in this subchapter shall also apply to all child development facilities operated by the District government outside the District of Columbia.  (Apr. 13, 1999, D.C. Law 12-215,  3, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3622. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72033.01. Transfers of personnel, property, and funds from Department of Health to Office of the State Superintendent of Education; continuation. (a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Health that support the functions related to the licensure of child-care programs in the Early Care and Education Administration and the Early Intervention Program shall be transferred to the Office of the State Superintendent of Education, established by  38-2601, within 60 days of July 18, 2008. (b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Department of Health, the Department of Human Services, the Board of Education, or the District of Columbia Public Schools relating to the functions transferred to the Office of the State Superintendent of Education pursuant to subsection (a) of this section shall remain in effect according to their terms until lawfully amended, repealed, or modified.  (Apr. 13, 1999, D.C. Law 12-215,  4a; as added July 18, 2008, D.C. Law 17-202,  603(c), 55 DCR 6297; Sept. 26, 2012, D.C. Law 19-171,  51, 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 17-202,  603(c), which did not affect this section as codified.
 72033. Exemptions. The provisions of this subchapter shall not apply to the following: (1) Occasional babysitting in a babysitters home for the children of one family; (2) Informal parent-supervised neighborhood play groups; (2A) Formal parent-led play cooperatives; (3) Care furnished in places of worship during religious services; (4) Care given by an individual who is related to the child, infant, or toddler; (5) Child development facilities operated by the federal government on federal government property; however, a private child care provider utilizing space in or on federal government property is not exempt unless federal law specifically exempts the facility from the Districts regulatory authority; or (6) Pre-kindergarten education programs licensed pursuant to Chapter 2A of Title 38.  (Apr. 13, 1999, D.C. Law 12-215,  4, 46 DCR 274; July 18, 2008, D.C. Law 17-202,  603(b), 55 DCR 6297; Mar. 29, 2019, D.C. Law 22-277,  2(b), 66 DCR 1725.)  Prior Codifications 1981 Ed.,  6-3623. Effect of Amendments D.C. Law 17-202, in par. (4), deleted or from the end; in par. (5), substituted ; or for a period at the end; and added par. (6). Emergency Legislation  For temporary (90 days) , see  2(b) of Parent-led Play Cooperative Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-15, Feb. 25, 2019, 66 DCR 2472).   For temporary (90 days) amendment of this section, see  2(b) of Parent-led Play Cooperative Emergency Amendment Act of 2018 (D.C. Act 22-494, Oct. 23, 2018, 65 DCR12074).  For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Parent-led Play Cooperative Temporary Amendment Act of 2018 (D.C. Law 22-203, Feb. 22, 2019, 65 DCR 12336).  See notes to  7-2031.
 72034. License required. (a) Except as otherwise provided in this subchapter, no person shall, either directly or indirectly, operate a child development facility in the District without first having obtained a license to do so. (b) An applicant for a license to operate a child development facility shall establish to the satisfaction of the Mayor, that the facility meets all requirements set forth in this subchapter and rules adopted pursuant to this subchapter. (c) An applicant for a license shall: (1) Submit an application to the Mayor on a form required and provided by the Mayor; (2) Submit supporting documentation required by the Mayor; and (3) Pay the applicable fee established by the Mayor, except that no license fee shall be required of any child development facility operated by the District government. (d) The license shall be valid for a period of time to be determined by the Mayor and only for the premises and persons named as applicants in the application. Any change in ownership of a licensee owned by a person or in the legal or beneficial ownership of a percentage of stock established by rule of a corporate licensee shall require relicensure. (e) The Mayor may authorize the issuance of provisional and restricted licenses under specific circumstances and criteria to be established by rule.  (Apr. 13, 1999, D.C. Law 12-215,  5, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3624. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72035. Licenses issued pursuant to prior law. Except as otherwise provided by this subchapter, any child development facility licensed pursuant to the Child Development Facilities Regulation, enacted December 14, 1974 (Reg. 74-34; 29 DCMR  300 et seq.) (Child Development Facilities Regulation), as amended, shall be considered licensed pursuant to this subchapter and shall be subject to renewal requirements established pursuant to this subchapter.  (Apr. 13, 1999, D.C. Law 12-215,  6, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3625. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72036.01. Child Development Facilities Fund. (a) There is established as a special fund the Child Development Facilities Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with subsection (c) of this section. (b) Revenue from all payments, fees, and fines collected pursuant to this subchapter shall be deposited in the Fund. (c) Money in the Fund shall be used for the following purposes: (1) To fund activities regulating child development facilities, including the enforcement and monitoring activities concerning the licensure of child development facilities, pursuant to this subchapter; and (2) Appropriate overhead and administrative expenses related to the Fund. (d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Apr. 13, 1999, D.C. Law 12-215,  7a; as added Dec. 13, 2017, D.C. Law 22-33,  4022, 64 DCR 7652.)  Emergency Legislation  For temporary (90-day) creation of this section, see  4022 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  4022 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72036. Powers and duties of the Mayor. (a)(1) The Mayor shall promulgate all rules necessary to implement the provisions of this subchapter, including the following: (A) Minimum standards of operation of a child development facility concerning staff qualification, requirements and training, facility size, staff-child ratios and group size, program design and equipment requirements, safety and health standards, care for children with special needs, nutrition standards, and record keeping requirements; (B) Administrative procedures for hearings consistent with the requirements of  2-509, unless otherwise provided in this subchapter; (C) Allowance for a child development facility to operate on a 24-hour basis so long as no child, infant, or toddler will be under the care of the child development facility for more than 18 consecutive hours in a 24-hour period, or appropriate hours as provided by rule; and (D) The establishment of a fee schedule to recover the costs of regulating child development facilities pursuant to this subchapter. (2) The rules required to be promulgated pursuant to this section shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 30-day review period, the proposed rules shall be deemed approved. (b) The Mayor may conduct investigations and inspections needed to ensure compliance with this subchapter. In this regard, the Mayor may administer oaths, examine witnesses, and issue subpoenas to compel attendance and testimony of witnesses and the production of books, records, and other documents needed to enforce this subchapter. In case of contumacy or refusal to obey a subpoena, the Superior Court of the District of Columbia, at the request of the Mayor, shall issue an order requiring the contumacious person to appear and testify or produce books, papers, or other evidence bearing on the hearing. Failure to obey the courts order shall be punishable as contempt of court. (c) The Mayor shall maintain and make available to the public information concerning: (1) The application, licensure, and renewal requirements and procedures; and (2) An official register of currently licensed child development facilities.  (Apr. 13, 1999, D.C. Law 12-215,  7, 46 DCR 274; Aug. 1, 2017, D.C. Law 22-10,  2, 64 DCR 5608.)  Prior Codifications 1981 Ed.,  6-3626. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031. Delegation of Authority Delegation of authority pursuant to D.C. Law 12-215, the Child Development Facilities Regulation Act of 1998, see Mayors Order 99-199, December 24, 1999 ( 46 DCR 10569). Delegation of Authority to Conduct Investigations of Unusual Incident Reports Submitted by Childcare Providers and any Other Person(s) or Entity(s) on Behalf of the Early Care and Education Administration for a Period Not to Exceed Ninety (90) Days from the Effective Date of this Order, see Mayors Order 2009-12, February 4, 2009 ( 56 DCR 2031). Delegation of Authority pursuant to D.C. Law 12-215, the Child Development Facilities Regulation Act of 1998, as amended, see Mayors Order 2009-130, July 16, 2009 ( 56 DCR 6883).
 72037. Variances. An applicant operating a child development facility prior to July 1, 1975, may be granted a variance from the physical or structural requirements of any rule adopted pursuant to this subchapter upon a determination by the Mayor that full compliance would result in exceptional and undue hardship. Any variance shall be granted in accordance with procedures established by rule.  (Apr. 13, 1999, D.C. Law 12-215,  8, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3627. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72038. License renewal. (a) A license shall be renewed in accordance with rules established pursuant to this subchapter, unless there is a pending disciplinary action by the Mayor. (b) An application for renewal of a license shall be submitted to the Mayor no later than 90 days before expiration of the license on a form provided by the Mayor with the appropriate renewal fee. An application for renewal fewer than 90 days after expiration, shall be renewed in accordance with renewal requirements established by rule, including the payment of the renewal fee and any late penalty. (c) A child development facility holding a valid license at the time of application for renewal shall continue to operate as licensed until the Mayor acts on the renewal application.  (Apr. 13, 1999, D.C. Law 12-215,  9, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3628. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72039. Denial of a license. The Mayor may, subject to the right to a hearing, deny an initial or renewal license to an applicant who fails to establish that the applicant meets the requirements for licensure established by this subchapter and rules issued pursuant to this subchapter.  (Apr. 13, 1999, D.C. Law 12-215,  10, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3629. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72040. Revocation, suspension, denial of license. The Mayor may, subject to the right to a hearing, refuse to issue, revoke, suspend, or deny renewal of a license to operate a child development facility to a person who is found to have: (1) Failed to comply with the provisions of this subchapter and any rules or regulations promulgated pursuant to this subchapter; (2) Failed to comply with other federal and District laws applicable to child development facilities; (3) Committed, aided, abetted, or permitted to be committed any act of dishonesty, fraud, gross negligence, abuse, assault, battery, or other illegal acts related to the operation of the facility; or (4) Been convicted of a crime involving moral turpitude.  (Apr. 13, 1999, D.C. Law 12-215,  11, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3630. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72041. Summary suspension. (a) If, after an investigation, the Mayor determines that a licensee has failed to comply with the provisions of this subchapter or any rules promulgated pursuant to this subchapter in such a manner as to present an imminent danger to the health, safety, and welfare of children, infants, toddlers, or the general public, the Mayor may summarily suspend or restrict the license prior to a hearing. (b) The Mayor must provide the licensee with written notice of the summary suspension initiated pursuant to subsection (a) of this section, the reason for the suspension, and the right to request a hearing. (c) The licensee shall have 5 days after service of the notice of the summary suspension in which to request a hearing to challenge the summary suspension. A hearing shall be held within 5 business days of a timely request and the Mayor shall issue a decision within 5 business days after closing the record.  (Apr. 13, 1999, D.C. Law 12-215,  12, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3631. Section References This section is referenced in  7-2044. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72042. Cease and desist orders. (a) If, after investigation, the Mayor determines that a person has violated any provision of this subchapter or any rule issued pursuant to this subchapter, and the violation presents an imminent danger to the public, the Mayor may issue a written order directing the person to cease and desist from the violation. (b) Within 5 days of service of the cease and desist order, the person shall request an expedited hearing on the violation. If no request for a hearing is made within the 5-day period, the cease and desist order shall be final. Within 5 business days of a timely request for an expedited hearing, the Mayor shall conduct a hearing.  (Apr. 13, 1999, D.C. Law 12-215,  13, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3632. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72043. Right of entry and inspection. To ensure compliance with the provisions of this subchapter and rules adopted pursuant to this subchapter, the Mayor, or any duly authorized designee, shall be permitted at reasonable times to conduct an inspection of any child development facility licensed pursuant to this subchapter or for which a license application has been filed.  (Apr. 13, 1999, D.C. Law 12-215,  14, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3633. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72044. Hearings. (a) Exception as provided in  7-2041, before the Mayor denies an application, suspends, revokes, or restricts a license, or imposes a civil fine, the Mayor shall give the person notice of the contemplated action and an opportunity for a hearing. The Mayor shall send all notices by certified mail. Notice of a scheduled hearing shall be sent by certified mail at least 20 days before the hearing date except when an expedited hearing has been requested. The Mayor may request all parties to participate in a settlement conference prior to a hearing and may enter into a negotiated settlement agreement or consent decree in lieu of a hearing. (b) The Mayor may delegate the authority to conduct a hearing and issue a final decision to an administrative law judge or an attorney examiner in accordance with rules issued pursuant to this subchapter.  (Apr. 13, 1999, D.C. Law 12-215,  15, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3634. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes following  7-2031.
 72045. Judicial review. A person aggrieved by a final decision of the Mayor may appeal the decision to the District of Columbia Court of Appeals pursuant to  2-510.  (Apr. 13, 1999, D.C. Law 12-215,  16, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3635. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72046. Criminal and civil penalties. (a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed 6 months or a fine not to exceed $300, or both. Each unlawful act shall constitute a separate violation of this subchapter. (b) Any person who has been previously convicted pursuant to this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year or a fine not to exceed $5,000, or both. (c) Civil fines and penalties may be imposed as alternative sanctions for any violations of the provisions of this subchapter or rules issued under the authority of this subchapter pursuant to Chapter 18 of Title 2 (Civil Infractions Act). The adjudication of any infraction issued pursuant to the Civil Infractions Act shall be pursuant to of the Civil Infractions Act.  (Apr. 13, 1999, D.C. Law 12-215,  17, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3636. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72047. Prosecutions. (a) Prosecutions of violations of this subchapter shall be brought by the Corporation Counsel in the name of the District of Columbia. (b) In prosecutions initiated pursuant to this subchapter, a child development facility claiming an exemption from a licensing requirement of this subchapter shall have the burden of proving entitlement to the exemption.  (Apr. 13, 1999, D.C. Law 12-215,  18, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3637. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72048. Injunctions. (a) The Corporation Counsel may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin any violation of this subchapter. (b) Remedies established by this section shall be in addition to criminal sanctions, civil sanctions, or disciplinary action initiated by the Mayor. (c) In any proceeding brought pursuant to this section, it shall not be necessary to prove that any person has been injured by the violation alleged.  (Apr. 13, 1999, D.C. Law 12-215,  19, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3638. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031.
 72049. Repeal of existing regulations. The Child Development Facilities Regulation shall remain in effect until superseded by rules issued by the Mayor. Upon the effective date of rules promulgated pursuant to this subchapter, the Child Development Facilities Regulation shall be deemed repealed.  (Apr. 13, 1999, D.C. Law 12-215,  20, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3639. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. Temporary Legislation See notes to  7-2031. Delegation of Authority Delegation of authority pursuant to D.C. Act 12-206, the Child Development Facilities Regulation Emergency Act of 1997, see Mayors Order 98-43, April 7, 1998 ( 45 DCR 2688).
 72050. Pending actions and proceedings; existing orders. (a) No judicial or administrative proceeding commenced by or against any child development facility, or officer or employee of a child development facility in his or her official capacity, shall abate by reason of the taking effect of this subchapter; but the action or proceeding shall be continued with substitution as to parties and officers or agencies as are appropriate. (b) All decisions issued pursuant to the Child Development Facilities Regulation shall continue in effect until modified, rescinded, or superseded by rules or regulation issued pursuant to this subchapter.  (Apr. 13, 1999, D.C. Law 12-215,  21, 46 DCR 274.)  Prior Codifications 1981 Ed.,  6-3640. Emergency Legislation For temporary addition of subchapter, see notes to  7-2031. For temporary (90 day) criminal background check provisions, see  201 to 214 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). Temporary Legislation See notes to  7-2031.
 72051. Prevention of lead in drinking water in child development facilities. (a) Within 120 days of September 23, 2017, the Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities shall select a contractor to assist in meeting the requirements of subsection (b) of this section. (b) By September 31, 2019, each licensed child development facility shall: (1) Locate all drinking water sources at the child development facility; (2) Install a filter that reduces lead in drinking water on each drinking water source in the child development facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects; (3) Post a conspicuous sign near each water source at the child development facility that is not a drinking water source, which includes an image that clearly communicates that the water source should not be used for cooking, when applicable, or consumed; (4) Test all drinking water sources at the child development facility for lead annually; (5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion: (A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion; (B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level; (C) Send the test result and remediation steps to parents or guardians of children at the child development facility through email or written communication within 5 business days of receiving the test result; and (D) Notify parents and guardians of children at the child development facility within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph. (c)(1) Any contractor selected pursuant to subsection (a) of this section shall, at times and in a manner to be determined by the Mayor, provide the child development facility that selected the contractor with written proof that the contractor's service complied with the requirements of this section. (2) A child development facility shall, at times and in a manner to be determined by the Mayor, provide proof of compliance with this section to DOEE. (d) After a child development facility provides proof of compliance to DOEE pursuant to subsection (c)(2) of this section and DOEE determines that the child development facility has complied with all the requirements of this section, DOEE shall: (1) Compensate the contractor selected pursuant to subsection (a) of this section, pursuant to rules issued pursuant to subsection (i) of this section; and (2) Notify the Office of the State Superintendent of Education ("OSSE") that the child development facility has complied with the requirements of this section. (e)(1) If a contractor provides a false or misleading proof of compliance under subsection (c)(1) of this section, the Mayor shall, for a 5-year period: (A) Remove the contractor from all DOEE-approved contractor lists; (B) Prohibit the contractor from participating in the activities described in this section; and (C) Prohibit the contractor from conducting business with the District government. (2) The penalty provided in this subsection shall be in addition to any other penalty provided by law. (3) A person aggrieved by an action of the Mayor taken pursuant to this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to  2-1831.03(b-14). (f)(1) The Mayor may, at any reasonable time and with reasonable notice, and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge: (A) Enter a child development facility to determine compliance with this section; and (B) Inspect and copy any record, report, or other document or information related to compliance with this section. (2) If the Mayor is denied access to enter a child development facility or to inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant. (g) OSSE, in consultation with DOEE, shall provide to the Mayor, the Council, and the Healthy Schools and Youth Commission, no later than June 30 of each year, a report on child development facility compliance with this section. (h) Nothing in this subsection is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subsection in any civil, criminal, or administrative action against the District of Columbia. (i) Within 120 days after September 23, 2017, the Mayor, in consultation with OSSE, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section, including rules by which DOEE shall compensate contractors for services provided under subsection (b) of this section.  (Apr. 13, 1999, D.C. Law 12-215,  21a; as added Sept. 23, 2017, D.C. Law 22-21,  5(b), 64 DCR 7631.)  Emergency Legislation  For temporary (90-day) creation of this section, see  6132(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  6132(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).  Editor's Notes Section 10 of D.C. Law 22-21 repealed  6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.  Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held. 
 72071.01. Definitions. For the purposes of this chapter, the term: (1) Accessible means providing: (A) The programs written materials in Spanish and English, and in other languages when required by Title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; 42 U.S.C.  2000d et seq.) (Title VI), or District law; (B) Interpreters to communicate with consumers in Spanish, and in other languages when required by Title VI or District law; and (C) TTY services and other accommodations for individuals with disabilities in accordance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C.  12101 et seq.). (2) Consumer means: (A) An uninsured resident of the District, including residents enrolled in the HealthCare Alliance; or (B) An individual covered by a health benefits plan in the District. (3) Department means the Department of Health. (4) District means the District of Columbia. (5) Health benefits plan means a group or individual insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by an insurer, or subcontracting facility of an insurer, or an employer for the purpose of providing, paying for, or reimbursing expenses for health-related services. The term health benefits plan shall include health coverage provided through a government program, including Medicaid. The term health benefits plan shall not include disability income or accident-only insurance. (6) Health Care Ombudsman or Ombudsman means the individual responsible for running the Health Care Ombudsman Program. (7) Health Care Ombudsman Program or Ombudsman Program means the program established by the District to counsel and assist uninsured District residents and individuals insured by health benefits plans in the District regarding matters pertaining to their health care coverage. (8) Health care services means items or services provided under the supervision of a physician or other person trained or licensed to render health care necessary for the prevention, care, diagnosis, or treatment of human disease, pain, injury, deformity, or other physical or mental condition, including the following: pre-admission, outpatient, inpatient, and post-discharge care; home care; physicians care; nursing care; medical care provided by interns or residents in training; other paramedical care; ambulance service and care; bed and board; drugs; supplies; appliances; equipment; laboratory services; any form of diagnostic imaging or therapeutic radiological services; and services mandated under Chapter 31 of Title 31.  (Apr. 12, 2005, D.C. Law 15-331,  2, 52 DCR 1981.) 
 72071.02. Establishment of Health Care Ombudsman Program. (a) The Department shall establish the Health Care Ombudsman Program by contracting with a qualified private, community-based, nonprofit corporation, organization, or consortia of organizations, with offices located in the District, to operate the program. If the Department is unable to contract with a qualified corporation, organization, or consortia of organizations that meets the requirements of subsection (c) of this section, the Department shall operate the Ombudsman Program. (b) The Ombudsman Program shall be administered by the Health Care Ombudsman, who shall be appointed by the Director of the Department. The Health Care Ombudsman shall be an individual with management experience and substantive experience in the fields of health care, health benefits plans, or health care advocacy. Unless the Department is operating the program, the Health Care Ombudsman shall be an employee of the nonprofit corporation, organization, or consortia of organizations selected by the Department to operate the program. (c) The Department shall establish selection criteria for the qualified, private, nonprofit corporation, organization, or consortia of organizations that will perform the functions of the Ombudsman Program. The criteria shall include: (1) A public interest mission; (2) Qualified staff and organizational expertise in health care and health benefits plans, public education and community outreach, and problem resolution; (3) No direct involvement in the licensing, certification, or accreditation of a health care facility, a health benefits plan, or a provider of a health benefits plan, or with a provider of a health care service; (4) No direct ownership or investment interest in a health care facility, health benefits plan, or any health service; (5) No participation in the management of a health care service, health care facility, or health benefits plan; and (6) No agreement or arrangement with an owner or operator of a health care service, health care facility, or health benefits plan that could indirectly or directly result in remuneration, in cash or in kind, to the organization. (d) The Ombudsman Program may subcontract with advocacy organizations that are affiliated with health providers that exclusively represent the interests of consumers and do not represent the health care entity in any disputes. (e) The Department shall accord preference in the selection process to corporations or organizations that: (1) Have a board of directors with significant representation from District consumers; (2) Have experience in serving District residents or have staff with experience in serving District residents; or (3) Have expertise in health benefits plans. (f) The Ombudsman Program may use volunteers with appropriate training and supervision to assist with counseling, outreach, and other tasks.  (Apr. 12, 2005, D.C. Law 15-331,  3, 52 DCR 1981; Mar. 2, 2007, D.C. Law 16-191,  35, 53 DCR 6794.)  Effect of Amendments D.C. Law 16-191 validated previously made technical corrections in the subsection designations.
 72071.03. Program evaluation. (a) The Department shall develop criteria to be used in evaluating the performance of the Ombudsman Program. (b)(1) The Department shall obtain, biannually, an independent evaluation of the Ombudsman Program through an academic group or other independent, private-sector organization, the Office of the Inspector General, or the Office of the District of Columbia Auditor. The evaluation shall take into account: (A) The number of consumer problems handled; (B) The success in resolving the consumer problems handled; (C) Outreach and community education activities; (D) Satisfaction of consumers served by the program; and (E) The extent to which information was provided to the public and policy makers about problems faced by the consumers served. (2) The Department shall decide whether to renew contracts based on the evaluation. (3) The evaluation shall be available to the public upon request. (4) The first evaluation shall take place no later than 2 years after April 12, 2005.  (Apr. 12, 2005, D.C. Law 15-331,  4, 52 DCR 1981.) 
 72071.04. Duties. The Ombudsman Program shall provide the following accessible services: (1) Assist consumers in resolving problems concerning health care bills, health coverage, and access to health care by referring consumers to appropriate regulatory agencies when their problems are within an agencys jurisdiction, guiding consumers through existing complaint processes, and assisting consumers in informally resolving problems through discussions with their health benefits plans, the HealthCare Alliance, or other providers; (2) Assist consumers in understanding their rights and responsibilities as health benefits plan members, HealthCare Alliance members, or members of other provider plans, including appeal processes and how to use them, and how to access appropriate medical information; (3) Educate consumers about health benefits plans, managed care health plans, and their health benefits plan options, or other health care options available for uninsured consumers; (4) Comment on behalf of consumers on related health care policy legislation and regulations in the District; (5) Help uninsured District residents access Medicaid or other health care options; (6) Identify, investigate, and help resolve complaints on behalf of consumers and assist consumers with the filing, pursuit, and resolution of formal and informal complaints and appeals through existing processes, including internal reviews conducted by health benefits plans, grievance and appeals processes for the HealthCare Alliance, fair hearings available to Medicaid consumers, external reviews before independent review organizations, and any other administrative appeals that may be available under District or federal law; (7) Refer consumers, when appropriate, to other existing organizations for assistance and work jointly with other consumer organizations, as appropriate; (8) Work with health care providers to develop working relationships that enhance coordination and referrals; (9) Make appropriate referrals to the Department of Insurance, Securities, and Banking, the Office of Fair Hearings, the Office of Administrative Hearings, the Grievance and Appeals Office of the Department of Health, Health Care Fraud Units, the Long-Term Care Ombudsman, the Health Insurance Counseling and Assistance Program serving District Medicare beneficiaries, and the Center for Health Dispute Resolution; and (10) Provide information to the public, government agencies, the Council, and others regarding problems and concerns of consumers and make recommendations for resolving those problems and concerns.  (Apr. 12, 2005, D.C. Law 15-331,  5, 52 DCR 1981.) 
 72071.05. Public outreach. The Ombudsman Program shall implement innovative strategies and tools to maximize its outreach to consumers, including provision of the following accessible information sources and services: (1) A toll-free 1-800 telephone number that operates in the District metropolitan area; (2) A website on the Internet; (3) In-person counseling; (4) Establishing relationships with organizations in each ward of the city to provide outreach and receive referrals; (5) Active liaison, partnership, and information sharing with community, consumer, health, disability, religious, ethnic-based organizations, and other organizations; and (6) A one-page, easy-to-read flyer describing the Ombudsman Programs services that shall be available to the public.  (Apr. 12, 2005, D.C. Law 15-331,  6, 52 DCR 1981.) 
 72071.06. Data collection and reporting. The Health Care Ombudsman shall submit annually to the Council, the Mayor, the Department of Health, and the Department of Insurance, Securities, and Banking a report on the activities, performance, and fiscal accounts of the Ombudsman Program, issues of concern to consumers, and the Ombudsmans recommendations to improve health access. The report shall be available to the public upon request.  (Apr. 12, 2005, D.C. Law 15-331,  7, 52 DCR 1981.) 
 72071.07. Access to records; confidentiality. (a) The Health Care Ombudsman may review the records of a health benefits plan, the HealthCare Alliance, or other provider, pertaining to a consumer or the consumers medical records if the consumer or the consumers legal representative has provided written consent. The confidentiality of the records shall be maintained by the Ombudsman Program in accordance with all federal and state confidentiality and disclosure laws. (b) No information or records maintained by the program shall be disclosed to the public unless the consumer or the consumers legal representative has consented in writing to the release of the information or records. (c) Each District agency shall provide cooperation, assistance, and data to the Health Care Ombudsman, as requested and upon reasonable notice, necessary to enable the Ombudsman Program to investigate a consumers complaint under applicable District or federal law. (d) The Department shall enter into a business associate agreement with the Ombudsman Program that gives the program access to information about the Medicaid eligibility status of consumers whom it serves and requires the program to safeguard that information pursuant to the Health Insurance Portability and Accountability Act Privacy Regulation (45 C.F.R. Parts 160 and 164).  (Apr. 12, 2005, D.C. Law 15-331,  8, 52 DCR 1981.) 
 72071.08. Immunity from liability. No employee, subcontractor, designee, or representative of the Ombudsman Program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts, or acts that violate District or federal law.  (Apr. 12, 2005, D.C. Law 15-331,  9, 52 DCR 1981.) 
 72071.09. Non-retaliation. A health benefits plan or the HealthCare Alliance shall not take retaliatory action of any sort against a member who seeks assistance from the Ombudsman Program or against a provider who furnishes information to the Ombudsman Program pursuant to a consumers request.  (Apr. 12, 2005, D.C. Law 15-331,  10, 52 DCR 1981.) 
 72071.10. Requirements for health benefits plans and HealthCare Alliance. (a) Health benefits plans and the HealthCare Alliance shall: (1) Include in their marketing and membership materials information regarding the availability of the Ombudsman Program; (2) Send annually to their members notification of the availability of the Ombudsman Program; and (3) Provide members the telephone number of the Ombudsman Program upon request. (b) A health benefits plan may use the one-page, easy-to-read flyer developed by the Ombudsman Program to describe its services to meet the notice requirements under subsection (a)(1) and (2) of this section.  (Apr. 12, 2005, D.C. Law 15-331,  11, 52 DCR 1981.) 
 72071.11. Advisory Council. (a) The Ombudsman shall establish an Advisory Council to consist of members representing: (1) Consumers; (2) Consumer advocacy organizations; (3) Health benefits plans; (4) Health care facilities; (5) Physicians; (6) The Health Insurance Counseling and Assistance Program or any successor charged with counseling Medicare beneficiaries pursuant to section 4360 of the Omnibus Reconciliation Act of 1990, approved November 5, 1990 (104 Stat. 1388-138; 42 U.S.C. 1395b-4); (7) The Department of Health, including its Office of Maternal and Child Health and its Grievance and Appeals Office; and (8) The Department of Insurance, Securities, and Banking. (b) The Advisory Council shall perform, at minimum, the following functions: (1) Advise the Ombudsman on program design and operational issues; (2) Recommend the criteria to be used in evaluating the performance of the Ombudsman Program; (3) Recommend changes in the Ombudsman Program; and (4) Review data on cases handled by the Ombudsman Program and make recommendations based on that data.  (Apr. 12, 2005, D.C. Law 15-331,  12, 52 DCR 1981.) 
 72071.12. Funding for the Ombudsman Program. (a) Funding sources for the Ombudsman Program shall include: (1) District local appropriations; and (2) Medicaid federal matching funds. (b) Nothing in this chapter shall prohibit a corporation, organization, or consortia of organizations selected to operate the Health Care Ombudsman Program from raising private money through foundation resources to supplement government funds for the program.  (Apr. 12, 2005, D.C. Law 15-331,  13, 52 DCR 1981.) 
 72071.13. Contingent effectiveness of chapter. [Repealed] Repealed.  (Apr. 12, 2005, D.C. Law 15-331,  14, 52 DCR 1981; Aug. 16, 2008, D.C. Law 17-219,  7046, 55 DCR 7598.) 
 72081.01. Definitions. For the purpose of this chapter, the term: (1) Antimicrobial drug means a drug identified in the most current guidelines for the treatment of sexually transmitted infections recognized by the Centers for Disease Control and Prevention. (2) DOH means the Department of Health. (3) Expedited partner therapy or EPT means when a health care practitioner who has diagnosed a sexually transmitted infection in a patient, prescribes and dispenses antimicrobial drugs to the patients sexual partner for treatment of that sexually transmitted infection without an examination of the sexual partner. (4) Health care practitioner means a physician, advanced practice registered nurse, or physicians assistant authorized to diagnose and prescribe drugs for sexually transmitted infections. (5) STI means a sexually transmitted infection.  (Apr. 30, 2014, D.C. Law 20-97,  2, 61 DCR 1589.) 
 72081.02. Expedited partner therapy. (a)(1) A health care practitioner who diagnoses a chlamydia, gonorrhea or trichomoniasis infection in a patient may prescribe and dispense antimicrobial drugs to the patients sexual partner for treatment of that STI without an examination of the sexual partner. (2) The Director of DOH may add to the STIs covered under this chapter by rulemaking. (b)(1) A health care practitioner providing EPT shall designate, in writing, on the prescription form: (A) The phrase EPT above the name of the medication and dosage for all prescriptions issued; and (B) The name, address, and date of birth of the sexual partner, if available. (2) If the name, address, and date of birth of the sexual partner are not available, the written designation EPT shall be sufficient for the pharmacist to fill the prescription. (3) The health care practitioner shall report to DOH the number of prescribed EPT prescriptions issued, in addition to existing STI reporting requirements. (c) A health care practitioner that provides a patient with antimicrobial drugs or a prescription in accordance with this chapter shall give the patient informational materials for the patient to give to his or her sexual partner. The health care practitioner shall counsel the patient to inform his or her sexual partner of the importance of reading the information contained in the materials before the sexual partner takes the medication. The materials shall: (1) Encourage the sexual partner to consult a health care practitioner for a complete STI evaluation as a preferred alternative to EPT; (2) Disclose the risk of potentially adverse drug reactions, including allergic reactions, that the antimicrobial drugs could produce and the possibility of dangerous interactions between the antimicrobial drugs and other medications that the sexual partner may be taking; (3) Inform the sexual partner that he or she may be affected by other STIs that may be left untreated by the delivered antimicrobial drugs; (4) Inform the sexual partner that if symptoms of a more serious infection are present (such as abdominal, pelvic, or testicular pain, fever, nausea, or vomiting) he or she should seek medical care as soon as possible; (5) Recommend that a sexual partner who is or could be pregnant should consult a health care practitioner as soon as possible; (6) Instruct the sexual partner to abstain from sexual activity for at least 7 days after treatment to decrease the risk of recurrent infection; (7) Inform a sexual partner who is at high risk of co-morbidity with HIV infection that he or she should consult a health care practitioner for a complete medical evaluation, including testing for HIV and other STIs; and (8) Inform the sexual partner how to prevent repeated chlamydia, gonorrhea, or trichomoniasis infections.  (Apr. 30, 2014, D.C. Law 20-97,  3, 61 DCR 1589.) 
 72081.03. Liability. (a) A health care practitioner or a pharmacist who reasonably and in good faith renders EPT in accordance with this chapter or any other District law shall not be subject to civil or criminal liability or be deemed to have engaged in improper professional conduct. (b) This subsection shall not apply to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a health care practitioner or pharmacist whose act or omission involves reckless, wanton, or intentional misconduct.  (Apr. 30, 2014, D.C. Law 20-97,  4, 61 DCR 1589.) 
 72081.04. Rules. Within 60 days of April 30, 2014, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.  (Apr. 30, 2014, D.C. Law 20-97,  5, 61 DCR 1589.) 
 72085.01. Wraparound services grant program. (a) The Department shall, on an annual basis, issue a grant of $75,000 to a nonprofit organization that provides support and mentorship to female students who are District residents attending elementary through high school, focuses on preventing teen pregnancies, and encourages college attendance and workforce development. (b) A grant issued by the Department pursuant to subsection (a) of this section shall be for the purpose of hiring a full-time employee to provide wraparound services to participating students. (c) For purposes of this section, the term: (1) "Department" means the Department of Health. (2) "Wraparound services" means health or mental health services provided by a health professional licensed, registered, or certified to practice in the District.  (Sept. 21, 2022, D.C. Law 24-167,  5052, 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5052 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 72101. Definitions. For the purposes of this chapter, the term: (1) Child means any individual who is: (A) Under 18 years of age; (B) 18 to 20 years of age and subject to a consent decree or dispositional order entered pursuant to Chapter 23 of Title 16; or (C) 18 to 21 years of age and has an individualized education program pursuant to 20 U.S.C.  1401 et seq. (2) Continuing care means ongoing supervision and care designed to nurture a residents growth and development, meet basic health needs, and monitor applicable school or work attendance. (3) Court means the Superior Court of the District of Columbia. (4) District means the District of Columbia. (5) Emergency care means temporary supervision and care, usually not exceeding 90 days and provided as the result of an individual or family crisis, that includes monitoring of applicable school or work attendance and an assessment of a residents physical, psychosocial, and educational needs. (6) Facility means a youth residential facility. (7) Resident means a District child residing in a youth residential facility. (8) Therapeutic care means an intensive, professionally supervised program of education and treatment designed to meet a residents physical, psychosocial, and educational needs as identified in an individualized treatment plan and, if applicable, an individualized education program. (9)(A) Youth residential facility means a residential placement providing adult supervision and care for 1 or more children who are not related by blood, marriage, guardianship, or adoption (including both final and nonfinal adoptive placements) to any of the facilitys adult caregivers and who were found to be in need of a specialized living arrangement as the result of: (i) A detention or shelter care hearing held pursuant to  16-2312; (ii) A dispositional hearing held pursuant to  16-2317; (iii) Family crisis, homelessness, runaway status, or other circumstances creating a need for out-of-home supervision and care; or (iv) A mental or physical disability that requires, in accordance with 20 U.S.C.  1401 et seq., more services than can be provided by nonresidential programs. (B) The term youth residential facility shall include, but not necessarily be limited to, foster homes, youth shelters, runaway shelters, emergency care facilities, youth group homes, supervised apartments, and residential treatment centers; it shall not include informal substitute care provided by friends or neighbors or those facilities licensed under Chapter 5 of Title 44.  (Aug. 13, 1986, D.C. Law 6-139,  2, 33 DCR 3804; Apr. 24, 2007, D.C. Law 16-305,  28(a), 53 DCR 6198.)  Prior Codifications 1981 Ed.,  3-801. Effect of Amendments D.C. Law 16-305, in par. (9)(A)(iv), substituted disability for handicap. Delegation of Authority Delegation of authority pursuant to Law 6-139, see Mayors Order 86-202, November 12, 1986.
 72102. License requirements. (a) Except as provided in subsections (b) and (c) of this section, it shall be unlawful to operate a facility in the District, whether public or private, for profit or not for profit, without being licensed by the Mayor. Each facility shall be licensed by both its type and the level(s) of care provided. (b) Facilities that, before August 13, 1986, were not or would not have been subject to District licensure may operate without a license until 6 months after the issuance of applicable rules under  7-2103. (c) The continued operation of a facility pending action by the Mayor on an application for licensure renewal or initial licensure under subsection (b) of this section shall not be deemed unlawful if a completed application was timely filed but, through no fault of the facilitys administrator or adult caregiver(s), the Mayor has failed to act on the application before the expiration of the facilitys current license or, under subsection (b) of this section, its authorized period of operation. A facility operating under this subsection shall comply with all other provisions of this chapter and rules issued pursuant to this chapter. (d) Application forms shall include copies of all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District. (e) A license shall be valid only for the person(s), address, type of facility, and level(s) of care stated on the license. (f) A licensee shall, whenever possible, give the Mayor at least 60 days advance written notice before transferring ownership of a facility, including, in the case of a corporate licensee, any transfer of the legal or beneficial ownership of 10% or more of the stock of the corporation. Upon notification, the Mayor may conduct an investigation or require reinspection to ensure that the facility will remain in compliance with this chapter, the rules issued pursuant to this chapter, and all other applicable laws. (g) Unless sooner terminated or renewed, a license required by this chapter shall expire 1 year from the date it was issued or last renewed. (h) A facility shall promptly honor all requests by District government officials, residents, and members of the public to inspect its license. (i) Any license issued pursuant to this section shall be issued as a Public Health: Child Health and Welfare endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.  (Aug. 13, 1986, D.C. Law 6-139,  3, 33 DCR 3804; Apr. 20, 1999, D.C. Law 12-261,  2003(g), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,  3(h), 50 DCR 6913.)  Prior Codifications 1981 Ed.,  3-802. Effect of Amendments D.C. Law 15-38, in subsec. (i), substituted Public Health: Child Health and Welfare endorsement to a basic business license under the basic for Class A Public Health: Child Health and Welfare endorsement to a master business license under the master. Emergency Legislation For temporary (90 day) amendment of section, see  3(h) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
 72103. Rules. (a) The Mayor shall, no later than 12 months after August 13, 1986, and pursuant to subchapter I of Chapter 5 of Title 2, issue all rules necessary to carry out the purposes of this chapter. These rules may categorize and define the various types of facilities, may establish licensure fees, and shall at a minimum include: (1) Procedures governing the issuance, renewal, conversion, suspension, and revocation of licenses, the orderly transfer and discharge of residents, the receipt and investigation of complaints or allegations of abuse, the issuance of variances, and appeals from licensure-related decisions; (2) A statement of residents rights and responsibilities for each type of facility; (3) Standards for continuing care, emergency care, therapeutic care, and aftercare; and (4) Standards for each type of facility, including (when applicable), but not necessarily limited to: (A) Programmatic standards with respect to educational, rehabilitative, and mental health services, recreational activities, parental and family involvement, the use of discipline and restraint, and the prevention of abuse; (B) Personnel and staffing standards with respect to the ratio of staff to residents, caregiver qualifications, and ongoing staff and volunteer training; (C) Personal care standards with respect to resident nutrition, hygiene, and emergency and routine health care; (D) Confidentiality and privacy standards with respect to a residents person, property, living quarters, case records, and subjection to searches for contraband; (E) Safety and sanitation standards with respect to all parts of the facility and grounds, fire protection and prevention, first aid, and the facilitys electrical, heating, cooling, ventilation, and water systems; (F) Environmental, structural, and architectural standards; and (G) Administrative standards with respect to resident admissions and discharges, operating procedures, fiscal management, complaint investigation and review, quality assurance, recordkeeping, and reporting. (b) The standards adopted under subsection (a)(4)(A) of this section shall reflect a strong presumption that parental and family contact is in a residents best interest and that active parental and family involvement is essential to a residents care. (c) The Mayor shall ensure that, no later than 6 months after the issuance of rules under subsection (a) of this section, all facilities shall be licensed in accordance with those rules. (d) No later than 30 days after August 13, 1986, the Mayor shall appoint an advisory task force composed of social service, mental health, and education professionals, child welfare advocates, facility providers, community representatives, and representatives from relevant District government agencies. Within a time frame established by the Mayor, this task force shall formulate and present to the Mayor detailed, proposed standards for the rules required by subsection (a)(2) through (4) of this section. The Mayor shall give substantial weight to the task forces recommendations and shall, on a regular basis before publication of proposed rules, maintain a formal, structured dialogue with task force representatives while reviewing and acting on those recommendations. (e)(1) The Mayor may, upon a showing of extreme hardship and manifest public need and if not inconsistent with other provisions of this chapter or deleterious to resident health, safety, or welfare, grant variances to private facilities with respect to the standards established under subsection (a)(3) and (4) of this section. The Mayor shall maintain a public record listing all variances granted under this subsection and containing a complete written explanation of the basis for each variance. (2) The Mayor shall not issue variances to facilities owned or operated by the District government.  (Aug. 13, 1986, D.C. Law 6-139,  4, 33 DCR 3804.)  Prior Codifications 1981 Ed.,  3-803. Section References This section is referenced in  7-2102,  7-2105,  7-2107, and  7-2108.
 72104. Governing boards and advisory committees. (a) Each facility except a foster home shall have a governing board or local advisory committee that includes 1 or more representatives of the neighborhood where the facility is located. If a licensee operates more than 1 facility in the District, a single governing board or advisory committee may serve all of the licensees facilities so long as it includes at least 1 representative of each neighborhood in which the licensee operates a facility. (b) The governing board or advisory committee shall: (1) Meet with the facility administrator at the facility at least quarterly to review programs, policies, citizen complaints, and police contacts; (2) Inform the Mayor in writing of any situation that a majority of the board or committee believes warrants correction and that the facility has failed to correct within a reasonable period of time after being notified by the board or committee; and (3) Report annually to the Mayor on the number of admissions, the number, outcome, and length of stay of planned and unplanned discharges, staff turnover rate and efforts to reduce it, and program effectiveness in meeting the needs of residents.  (Aug. 13, 1986, D.C. Law 6-139,  5, 33 DCR 3804.)  Prior Codifications 1981 Ed.,  3-804.
 72105. Inspections. (a)(1) To ensure that each new facility will be in compliance with this chapter, the rules issued pursuant to this chapter, and all other applicable laws, the Mayor shall conduct an on-site inspection before a facilitys initial licensure. Instead of issuing a full-year license to a new facility or licensee, the Mayor may issue a provisional license under  7-2107(b) pending satisfactory completion of additional, follow-up inspections. After initial licensure, the Mayor shall conduct at least 1 on-site inspection before each licensure renewal. (2) The Mayor shall at least once a year inspect all facilities caring for District children outside the District to ensure that each of these facilities is in substantial compliance with this chapter, the rules issued pursuant to this chapter, and all other applicable laws. One year after the issuance of rules under  7-2103, the Mayor shall report to the Council on the cost and efficacy of implementing this paragraph and on the extent to which facilities caring for District children outside the District are required by their respective jurisdictions to meet licensure standards comparable to those adopted under  7-2103. Within 45 days after receiving the Mayors report, the Council shall determine whether this paragraph should be amended to authorize the Mayor to accept licensure by other jurisdictions in lieu of conducting annual inspections. (b) The Mayor may at any reasonable hour enter a facility for the purpose of conducting an announced or unannounced inspection to check for compliance with this chapter, a rule issued pursuant to this chapter, or any other District or locally enforceable federal law. When conducting an inspection, especially of a foster home, the Mayor shall respect the homelike atmosphere of the facility and the reasonable privacy interests of its residents and adult caregivers. (c) Any District government employee who, while visiting a facility for the purpose of casework or monitoring, observes a condition that he or she believes in violation of this chapter, a rule issued pursuant to this chapter, or any other District or federal law shall, no later than 7 days after making the observation and if not previously reported, report this suspected violation to the Department of Consumer and Regulatory Affairs (DCRA). (d) The Mayor shall make all licensure and inspection reports available to the public upon request and shall notify all child-placing agencies in the District whenever a facilitys license is suspended, revoked, converted to a provisional or restricted license, or not renewed.  (Aug. 13, 1986, D.C. Law 6-139,  6, 33 DCR 3804.)  Prior Codifications 1981 Ed.,  3-805. Section References This section is referenced in  7-2106,  7-2107, and  7-2108.
 72106. Monitoring of residents placed outside District or in therapeutic care. (a)(1) The Mayor and the Board of Education shall ensure that every resident receiving therapeutic care has an up-to-date, individualized treatment plan (ITP) composed of coordinated therapeutic, educational, and residential components. Each ITP shall be jointly formulated and approved by the Department of Human Services (DHS) and the District of Columbia Public Schools (DCPS) no later than 30 days after a child is determined to be in need of therapeutic care. As required by 20 U.S.C.  1401 et seq., a resident with a disability receiving therapeutic care and in need of special education shall also have a current individualized education program (IEP). (2) DHS and DCPS shall update each residents ITP no less than once a year. Copies of each residents current ITP and, if applicable, IEP shall be on file with both DHS and DCPS. (b)(1) The Mayor and the Board of Education shall establish a youth residential monitoring committee (monitoring committee) that includes at a minimum representatives from DHS and DCPS. Each facility providing therapeutic care to a District child, whether located inside or outside the District, shall submit to the monitoring committee quarterly reports on that childs progress in meeting his or her treatment and educational goals. With the exception of foster homes, each facility providing emergency or continuing care to a District child outside the District shall submit to the monitoring committee quarterly reports on that childs physical, emotional, and educational development. (2) Quarterly reports submitted under paragraph (1) of this subsection shall be on forms jointly developed by DHS and DCPS and shall be made available at all judicial and administrative reviews of a childs placement. (c) The monitoring committee shall meet at least 4 times a year with the caseworker of each District child placed outside the District or in therapeutic care to review that childs quarterly reports and, if the child is expected to be discharged in the near future, to determine whether an aftercare plan has been prepared pursuant to subsection (f) of this section. If the committee finds that a childs current placement is inadequate, that a childs ITP or IEP needs revision, or that a required aftercare plan is lacking, it shall within 15 days report its findings and recommendations to the Director of DHS and the Superintendent of Schools. DHS and DCPS shall adopt or reject these recommendations within 15 days after their receipt. (d)(1) The monitoring committee shall at least once a year conduct an on-site assessment of each District child placed outside the District or in therapeutic care to determine: (A) The adequacy of the childs placement or the extent of the facilitys compliance with the childs ITP or IEP; (B) Whether the childs ITP, IEP, or level of care needs revision; (C) Whether the child can receive equivalent care closer to home or in a less restrictive placement; and (D) Whether appropriate aftercare preparations have been made if the child is due to be discharged within 30 days. (2) Within 15 days after conducting an on-site assessment, the monitoring committee shall file a written report of its findings and recommendations with the Director of DHS and the Superintendent of Schools. If while conducting an assessment the committee observes 1 or more conditions that it believes are in violation of this chapter, a rule issued pursuant to this chapter, or any other District or federal law, it shall report these suspected violations to DCRA pursuant to  7-2105(c). (3) If the monitoring committee determines that a facility is not adequately meeting a childs needs or is not in compliance with a childs ITP or IEP, or if DCRA determines that a facility located outside the District is not in substantial compliance with District licensure standards, that facility shall be promptly notified of the necessary corrective actions. If the committee or DCRA is not satisfied that appropriate actions are being taken, it shall recommend to the Director of DHS and the Superintendent of Schools that the child be transferred to an appropriate alternative placement. (e) The caseworker of each District child placed outside the District or in therapeutic care shall visit that child at least once a year. In meeting this requirement, the caseworker may accompany the monitoring committee when it conducts its on-site assessment under subsection (d) of this section. (f)(1) The Mayor and the Board of Education shall ensure that, before a District child placed outside the District or in therapeutic care is brought home, he or she has a comprehensive aftercare plan composed of in-home supportive services and, if necessary, transitional living arrangements. Each childs aftercare plan shall be jointly formulated and approved by DHS and DCPS no later than 30 days before the child leaves a facility. (2) The monitoring committee shall meet personally with each childs aftercare worker at least twice in the 6 months following a childs release into aftercare to review the continued adequacy of, and the extent of compliance with, the childs aftercare plan. If the committee finds that a childs aftercare plan needs revision or is not being carried out, it shall within 15 days report its findings and recommendations to the Director of DHS and the Superintendent of Schools. DHS and DCPS shall adopt or reject these recommendations within 15 days after their receipt. (g) The Mayor and the Board of Education shall report annually to the Council on: (1) The total number of residents in therapeutic care, the total number of residents located outside the District, the facilities in which they are placed, the annual cost of these facilities, and the number of residents who have ITPs, IEPs, or aftercare plans; (2) The number of new residents in therapeutic care, the number of new residents placed outside the District, and the number, outcome, and length of stay of planned and unplanned discharges; (3) A summary of individual facility effectiveness in meeting the needs of residents in therapeutic care; and (4) A list of those facilities located outside the District that have been found not to be in substantial compliance with District licensure standards. (h) Once rules have been issued under subsection (i) of this section, no District child shall reside in a facility located outside the District for more than 60 days if that facility has never been visited by the monitoring committee, the childs caseworker, or representatives from DCRA. (i) No later than 12 months after August 13, 1986, the Mayor and the Board of Education shall each issue rules, pursuant to subchapter I of Chapter 5 of Title 2, and consistent with 20 U.S.C.  1401 et seq., to carry out the purposes of this section.  (Aug. 13, 1986, D.C. Law 6-139,  7, 33 DCR 3804; Apr. 24, 2007, D.C. Law 16-305,  28(b), 53 DCR 6198.)  Prior Codifications 1981 Ed.,  3-806. Effect of Amendments D.C. Law 16-305, in subsec. (a)(1), substituted resident with a disability for handicapped resident.
 72107. Provisional and restricted licensure. (a) As an alternative to denial, nonrenewal, suspension, or revocation of a license, whenever a facility has numerous deficiencies or a serious single deficiency with respect to the standards established under  7-2103(a)(2) through (4), the Mayor may: (1) Issue a provisional license if the facility is taking appropriate corrective actions in accordance with a mutually agreed-upon timetable; or (2) Issue a restricted license that prohibits the facility from accepting new residents or providing certain specified services that it would otherwise be authorized to provide, if appropriate corrective actions are not forthcoming. (b) As provided in  7-2105(a), provisional licenses may be issued to new facilities or licensees in order to afford the Mayor sufficient time and evidence to evaluate whether a new facility or licensee is capable of complying with this chapter, the rules issued pursuant to this chapter, and other applicable laws. (c) Provisional licenses may be granted for a period not to exceed 90 days and may be renewed no more than once.  (Aug. 13, 1986, D.C. Law 6-139,  8, 33 DCR 3804.)  Prior Codifications 1981 Ed.,  3-807. Section References This section is referenced in  7-2105.
 72108. Enforcement and penalties. (a)(1) The Mayor may, before holding a hearing, suspend the license of a facility or convert its license to a provisional or restricted license if he or she determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety, or welfare of its residents. The Mayor shall immediately give the facility written notice of the suspension or conversion, including a statement of the grounds for the action and notification that the facility has 7 days (excluding Saturdays, Sundays, and legal holidays) from the day notice is received to request an expedited, preliminary review hearing. If the facility fails to communicate, either orally or in writing, a timely request for a preliminary review hearing, the order of suspension or conversion shall remain in effect until terminated by the Mayor or an unexpedited hearing is held pursuant to procedures adopted under  7-2103(a)(1). (2) Within 3 days (excluding Saturdays, Sundays, and legal holidays) after receiving a timely request for a preliminary review hearing, the Mayor shall hold a hearing to review the reasonableness of the suspension or conversion order. At this hearing, the Mayor shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The suspension or conversion order shall be either affirmed or vacated at the hearing. (3) In the event an order is affirmed, it shall, unless extended, remain in effect for no longer than 30 days, during which time a final hearing shall be scheduled to consider the appropriateness of revocation or continuing restrictions on licensure. Before expiration of a suspension or conversion order, an extension may be granted for a period not to exceed an additional 30 days upon agreement of all the parties or for good cause shown. (b)(1) Civil fines, penalties, and related costs may be imposed against a public or private facility for the violation of any provision of this chapter or rule issued pursuant to this chapter. Whether or not criminally prosecutable, a violation shall be considered an infraction under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Except as provided in paragraphs (2) and (3) of this subsection, the procedures for adjudication and enforcement and the applicable fines, penalties, and costs shall be those established by or pursuant to Chapter 18 of Title 2. Governmental immunity shall not be a defense to any civil fine, penalty, or cost imposed. (2) Civil fines, penalties, and related costs imposed against a facility shall not come out of funds needed to provide quality care and services to residents. To monitor compliance with this paragraph, the Mayor shall conduct an audit at least annually of every facility against which civil fines, penalties, or costs have been imposed. Civil fines, penalties, and costs imposed against any facility owned or operated by the District government shall be paid into a special account to be used for the personal needs of residents. (3) Notwithstanding the availability of other means of enforcement, the Mayor may directly deduct the amount of civil fines, penalties, and related costs imposed against a facility from amounts otherwise payable by the District to the licensee or administrator of that facility. (c) Notwithstanding the availability of any other remedy, the Corporation Counsel, a resident, or any person acting on or in behalf of a resident may maintain an action in court to enjoin a facility from violating the terms of its license, any provision of this chapter, or any rule issued pursuant to this chapter. (d)(1) Notwithstanding the availability of any other remedy, a resident, any person acting on or in behalf of a resident, or the licensee or administrator of a facility may bring an action in court for mandamus to order the Mayor, a District government agency, or the youth residential monitoring committee to comply with this chapter, a rule issued pursuant to this chapter, or any other District law relevant to the operation of the facility or the care of its residents. (2) Any person bringing an action under paragraph (1) of this subsection shall give the named defendant(s) at least 5 days advance notice (excluding Saturdays, Sundays, and legal holidays) before the action is filed in court. (e) Any District government employee required to make a report under  7-2105(c) who willfully fails to do so shall be subject to disciplinary and other remedial action in accordance with District law. (f) Any person who willfully discloses, receives, uses, or permits the use of confidential information about a resident in violation of the standards established pursuant to  7-2103(a)(4)(D) shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $5,000. (g) Any person who willfully operates an unlicensed facility in violation of this chapter, and any licensee who willfully operates a facility in violation of the terms of its license or who willfully impedes a District government employee in the performance of his or her authorized duties under this chapter or a rule issued pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000 per day of violation, imprisonment for not more than 90 days, or both. (h) Criminal prosecutions brought under subsection (f) or (g) of this section shall be in the Superior Court of the District of Columbia by information signed by the Corporation Counsel.  (Aug. 13, 1986, D.C. Law 6-139,  9, 33 DCR 3804.)  Prior Codifications 1981 Ed.,  3-808. Section References This section is referenced in  2-1831.03. References in Text The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, referred to in subsection (b)(1), is D.C. Law 6-42.
 72121. Definitions. For the purposes of this chapter, the term: (1) Emergency contraception means a drug or drug regimen approved by the U.S. Food and Drug Administration to prevent pregnancy when administered after sexual contact, including oral contraceptive pills. (2) Hospital means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care.  (Mar. 25, 2009, D.C. Law 17-346,  2, 56 DCR 966.) 
 72122. Information about emergency care. (a) The Department of Health, in collaboration with the Board of Medicine and the Board of Pharmacy, shall develop medically and factually accurate written information regarding prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy due to sexual assault. (b) The Department of Health shall disseminate the written information produced pursuant to subsection (a) of this section to all hospitals in the District.  (Mar. 25, 2009, D.C. Law 17-346,  3, 56 DCR 966.)  Section References This section is referenced in  7-2123.
 72123. Access to emergency care for victims of sexual assault.  All hospitals that provide emergency care to victims of sexual assault shall: (1) Provide each victim of sexual assault written information developed pursuant to  7-2122; (2) Provide each victim of sexual assault an oral explanation of the written information distributed pursuant to paragraph (1) of this section; (3) Inform each victim of sexual assault, orally and in writing, in a language that the victim understands, of the: (A) Victim of sexual assault's rights under  23-1908; and (B) Option to be provided, by the hospital, with prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy; (4) Consistent with accepted medical practice and protocols, immediately provide prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to each victim of sexual assault, if the victim requests it and if the requested treatment is not medically contraindicated; and (5) If the sexual assault victim, who is 13 years of age or older, consents, immediately notify the sexual assault victim advocate dispatch system described in  23-1909(e).  (Mar. 25, 2009, D.C. Law 17-346,  4, 56 DCR 966; Mar. 3, 2020, D.C. Law 23-57,  4, 66 DCR 15914.)  Applicability Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.  Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.  Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.  Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.
 72124. Personnel training. Hospitals shall have written policies and procedures to ensure that all personnel who provide care or information to a victim of sexual assault: (1) Are trained to provide medically and factually accurate and objective information about prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to a victim of sexual assault; (2) Actually provide that information to a victim of sexual assault; and (3) Ensure immediate access to prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to each victim of sexual assault, if requested and such treatment is not medically contraindicated.  (Mar. 25, 2009, D.C. Law 17-346,  5, 56 DCR 966.) 
 72125. Compliance. The Department of Health shall determine compliance with the requirements of this chapter. The failure to comply with the requirements of this chapter may result in a civil fine to be determined by the Mayor.  (Mar. 25, 2009, D.C. Law 17-346,  6, 56 DCR 966.) 
 72131. Definitions. For the purposes of this chapter, the term: (1) "Adult" means a person who is at least 18 years of age. (2) "Adult in need of protective services" shall have the same meaning as provided in  7-1901(2). (3) "Caregiver" shall have the same meaning as provided in  7-1901(4). (4) "Covered education agreement" means a supported decision-making agreement that is entered into for the sole purpose of providing supported decision-making related to the supported person's education and: (A) The Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C.  1400 et seq.); or (B) Section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C.  794). (5) "Disability" means a physical or mental impairment that substantially limits one or more major life activities of a person. (6) "Educational records" includes educational records under the Family Educational Rights and Privacy Act of 1974, approved August 21, 1974 (88 Stat. 571; 20 U.S.C.  1232g). (7) "Information that is relevant to a life decision" includes medical records, psychological records, financial records, educational records, and treatment records. (8) "Life decisions" includes decisions related to: (A) Where and with whom an adult with a disability wants to live; (B) What services, supports, and medical care the adult with a disability wants to receive; and (C) Where the adult with a disability wants to work. (9) "Medical records" includes protected health information under the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936). (10) "Relative" means a parent, other ancestor, brother, sister, uncle, aunt, or one who has been lawful custodian of an adult with a disability at some prior time. (11) "Supported decision-making" means a process of supporting and accommodating an adult with a disability in order to: (A) Assist the adult with a disability in understanding the options, responsibilities, and consequences of life decisions; and (B) Enable the adult with a disability to make life decisions, without impeding the self-determination of the adult with a disability or making decisions for the adult with a disability. (12) "Supported decision-making agreement" means an agreement between a supported person and a supporter entered into pursuant to this chapter. (13) "Supported person" means an adult with a disability who has entered into a supported decision making-agreement with a supporter. (14) "Supporter" means an adult who has entered into a supported decision-making agreement with a supported person.  (May 5, 2018, D.C. Law 22-93,  301, 65 DCR 2823.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  810(c)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  810(c)(1) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  810(c)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  810(c)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).  Temporary Legislation  For temporary (225 days) amendment of this section, see  810(c)(1) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  810(c)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72132. Executing a supported decision-making agreement. (a) The following individuals, except if the individual is the supported person's relative, may not be a supporter: (1) An individual who provides physical, mental, or behavioral healthcare services or disability services to the supported person, or the owner or operator of the entity providing the healthcare services or disability services to the supported person; or (2) An individual who works for a government agency that is financially responsible for the supported person's care. (b)(1) An individual shall not be a supporter if: (A) There is or has been a finding by a government agency that the individual: (i) Abused, neglected, or exploited the supported person; or (ii) Inflicted harm upon a child, elderly individual, or person with a disability; or (B) The individual is or has been convicted of any of the following criminal offenses, or their equivalent in any other state or territory, within 7 years before entering the supported decision-making agreement: (i) Any sexual offense prohibited in subchapter II of Chapter 30 of Title 22 where the victim was a child, elderly individual, or person with a disability; (ii) Aggravated assault, as described in  22-404.01, where the victim was a child, elderly individual, or person with a disability; (iii) Fraud, as described in  22-3221; (iv) Theft in the first degree, as that term is used in  22-3212(a); (v) Forgery, as described in  22-3241; or (vi) Extortion, as described in  22-3251. (2) Paragraph (1) of this subsection shall not apply to a covered education agreement. (c) A supported decision-making agreement must be signed by the adult with a disability and the supporter in the presence of 2 adult witnesses or a notary public. (d) Except for a covered education agreement, a supported decision-making agreement shall be in substantially the following form: "SUPPORTED DECISION-MAKING AGREEMENT "Appointment of Supporter " I, (name of supported person), make this agreement of my own free will. " I agree to designate the following person as my supporter: " Name: " Address: " Phone Number: " E-mail Address: " My supporter may help me with making everyday life decisions relating to the following: " Y/N applying for and maintaining supports and services including District government assistance " Y/N obtaining food, clothing, and shelter " Y/N taking care of my physical health " Y/N taking care of my mental/behavioral health " Y/N managing my financial affairs " Y/N managing real property transactions " Any other duties as listed below: " _______________________________ " _______________________________ " NOTHING IN THIS DOCUMENT GIVES MY SUPPORTER PERMISSION TO MAKE DECISIONS FOR ME. " Nothing in this document prevents my supporter from also serving as a power of attorney or as a healthcare decision-maker. " To help me with decisions, my supporter may: " Y/N Help me obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records; " Y/N When requested by me, be present to help me make my own decisions; " Y/N Help me understand my options so that I can make an informed decision; and " Y/N Help me communicate my decision to appropriate persons. "Releases " Y/N A release allowing my supporter to see and obtain protected health information under the Health Insurance Portability and Accountability Act of 1996 is attached. " Y/N release allowing my supporter to see and obtain educational records under the Family Educational Rights and Privacy Act of 1974 is attached. "Effective Date of Supported Decision-Making Agreement " This supported decision-making agreement is effective immediately and will continue until (insert date) or until the agreement is terminated by my supporter or me or by operation of law. " Signed this _______day of _________, 20___ "Consent and Attestation of Supporter " I, (name of supporter), consent to act as a supporter under this agreement and affirm that: " 1. I have not been found to have abused, neglected, or exploited (name of supported person) by a government agency; " 2. I have not been found to have inflicted harm upon a child, elderly individual, or person with a disability by a government agency; " 3. In the last 7 years, I have not been convicted of any sexual offense where the victim was a child, elderly individual, or person with a disability; " 4. In the last 7 years, I have not be convicted of aggravated assault where the victim was a child, elderly individual, or person with a disability; and " 5. In the last 7 years, I have not been convicted of fraud, theft in the first degree, forgery, or extortion. " Signature of Supporter Printed Name of Supporter "Signature of Supported Person " I, (name of supported person), consent to have (name of supporter) act as my supporter under this agreement. " My signature Printed Name of Supported Person "Signature of Two Witnesses " Signature of Witness Printed Name of Witness (1) " Signature of Witness Printed Name of Witness (2) " This document was acknowledged before me on this ____ day of (insert month and year) by (name of person supported) and (name of supporter). " Signature of Notary Public and notary seal, if any. " Printed Name of Notary Public " My commission expires: "WARNING: PROTECTION FOR PERSON SUPPORTED " IF A PERSON WHO RECIVES [RECEIVES] A COPY OF THIS AGREEMENT OR IS AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE ADULT NAMED AS A SUPPORTED PERSON IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY THE SUPPORTER, THE PERSON MAY REPORT THE ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE CITYWIDE CALL CENTER AT 311, METROPOLITAN POLICE DEPARTMENT AT 911, ADULT PROTECTIVE SERVICES AT (202) 541-3950." (e) A supported decision-making agreement may be terminated at any time by the supported person or the supporter.  (May 5, 2018, D.C. Law 22-93,  302, 65 DCR 2823.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  810(c)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  810(c)(2) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  810(c) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  810(c)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  810(c)(2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).  Temporary Legislation  For temporary (225 days) amendment of this section, see  810(c)(2) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  810(c)(2) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72133. Supported decision-making agreements. (a) An adult with a disability may voluntarily enter into one or more supported decision-making agreements under which the adult with a disability may authorize a supporter to do any of the following: (1) Provide supported decision-making; (2) Be present during the supported decision-making process, when requested by the supported person; or (3) In the presence of the supported person, assist the supported person in: (A) Obtaining information that is relevant to a given life decision from any person; provided, that the supporter shall keep any information obtained under this paragraph confidential; or (B) Communicating the supported person's decisions to others. (b) A supporter acting pursuant to a supported decision-making agreement may exercise only the authority expressly granted to the supporter in the supported decision-making agreement. (c)(1) If a law or regulation requires a person or a District agency to give notice to a supported person, and the person or District agency that is required to give the notice has received a supported decision-making agreement from the supported person, the person or District agency shall also provide the supporter with a copy of the notice required by law or regulation to be given to the supported person, unless the person or District agency has substantial cause to believe that the supported person is an adult in need of protective services. (2) If a law or regulation requires a person or District agency to give notice to a supported person that contains information protected by federal or District law, such as medical records or educational records, paragraph (1) of this subsection shall not apply unless the supported decision-making agreement contains a release authorizing the supporter to obtain the protected information. (d) A person or a District agency who receives a supported decision-making agreement shall rely on the agreement, unless the person or District agency has substantial cause to believe that the supported person is an adult in need of protective services. (e) Neither a person nor a District agency shall be subject to criminal or civil liability, nor shall a person be considered to have engaged in professional misconduct, for an act or omission done in good faith and in reasonable reliance on a supported decision-making agreement. (f) If a District employee or a caregiver, who is aware of the existence of a supported decision-making agreement, has a reasonable belief that the supported person is an adult in need of protective services, the District employee or caregiver shall report the alleged abuse, neglect, or exploitation to the Citywide Call Center at 311, Metropolitan Police Department at 911, Adult Protective Services at (202) 541-3950, or a District agency where the supported person receives services.  (May 5, 2018, D.C. Law 22-93,  303, 65 DCR 2823.) 
 72134. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (May 5, 2018, D.C. Law 22-93,  304, 65 DCR 2823.) 
 72141. Definitions. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  2, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  2 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72142. Toilet facility access. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  3, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  3 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72143. Medical necessity restroom access notice. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  4, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  4 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72144. Medical Necessity Restroom Access Card. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  5, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  5 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72145. Proof of an eligible medical condition. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  6, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  6 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72146. Liability, penalties, and enforcement. [Not Funded] Not Funded.  (Aug. 27, 2022, D.C. Law 24-153,  7, 69 DCR 008348.)  Applicability Applicability of D.C. Law 24-153:  8 of D.C. Law 24-153 provided that the creation of this section by  7 of D.C. Law 24-153 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 72147. Applicability. (a) This chapter shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan. (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification. (c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. (2) The date of publication of the notice of the certification shall not affect the applicability of this chapter.  (Aug. 27, 2022, D.C. Law 24-153,  8, 69 DCR 008348.) 
 72201. Declaration of intent; civil defense defined. Because of the existing possibility of the occurrence of disaster of unprecedented destructiveness resulting from enemy attack, sabotage, or other hostile action, it is the intent of Congress that plans and programs to provide necessary protection, relief, and assistance for persons and property in the District of Columbia in the event such disaster shall occur or become imminent so as to require such protection, relief, and assistance, should be developed. As used in this chapter, the term civil defense shall mean all activities necessary for the development and execution of such plans and programs, unless the context indicates a different meaning.  (Aug. 11, 1950, 64 Stat. 438, ch. 686,  1.)  Prior Codifications 1981 Ed.,  6-1401. 1973 Ed.,  6-1201.
 72202. Homeland Security and Emergency Management Agency; Director and other personnel; compensation. (a) To carry out the purposes of this chapter, the Mayor of the District of Columbia is authorized to establish in the municipal government of such District a Homeland Security and Emergency Management Agency to consist of a Director and such other personnel as may be needed. Such Director shall be the executive head of such Office [Agency]. (b) Notwithstanding the limitation of any law, there may be employed in such Homeland Security and Emergency Management Agency any person who has been retired from any of the uniformed services of the United States or any office or position in the federal or District governments, and except as hereinafter provided, while so employed in such Homeland Security and Emergency Management Agency any such retired person may receive the compensation authorized for such employment or the retirement compensation or annuity, whichever he may elect, and upon the termination of such employment, he shall be restored to the same status as a retired officer or employee with the same retirement compensation or annuity to which he was entitled before having been employed in such Homeland Security and Emergency Management Agency. While any person who has been retired from any of the uniformed services of the United States is so employed in such Homeland Security and Emergency Management Agency, he may receive the compensation authorized for such employment and his retired or retirement pay, subject to  5532 [repealed] of Title 5, United States Code.  (Aug. 11, 1950, 64 Stat. 438, ch. 686,  2; Aug. 19, 1964, 87 Stat. 489, Pub. L. 88-448, title IV,  401(b); Mar. 14, 2007, D.C. Law 16-262,  101(b), 54 DCR 794.)  Prior Codifications 1981 Ed.,  6-1402. 1973 Ed.,  6-1202. Effect of Amendments D.C. Law 16-262, in subsecs. (a) and (b), substituted Homeland Security and Emergency Management Agency for Office of Emergency Preparedness. References in Text Pursuant to Mayors Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency. Editor's Notes Office of Civil Defense abolished: The Office of Civil Defense was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 45 of the Board of Commissioners, dated June 26, 1953, and as amended October 22, 1953, established under the Board of Commissioners, a Citizens Civil Defense Advisory Council to advise and consult with the Board and the Director of Civil Defense on matters of basic civil defense policies. The Order describes the purposes and functions of the new Council, and abolished the previous Civil Defense Advisory CounciL. Reorganization Order No. 49, as amended November 10, 1953, established under the supervision and control of a Commissioner, an Office of Civil Defense headed by a Director. The Order set forth the purpose, organization, and functions of the new Office of Civil Defense. The previous Office of Civil Defense was abolished and its functions and positions together with all personnel, property, records, and unexpended funds relating to those functions and positions were transferred to the new Office of Civil Defense. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by  401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 49 was rescinded by Commissioners Order No. 71-259, dated July 26, 1971, which established a new Office of Civil Defense. Organization Order No. 51 of the Commissioner of the District of Columbia, dated December 27, 1974, established in the Executive Office of the Commissioner, a new Office of Civil Defense, headed by a Director, and prescribed the purposes and functions thereof. The Order replaced and rescinded Commissioners Order No. 71-259, dated July 26, 1971, as amended by Commissioners Order No. 73-156, July 5, 1973. The name of the Office of Civil Defense was changed to the Office of Emergency Preparedness by Mayors Order No. 76-49, dated January 23, 1976. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Government Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor and the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 72203. Appointment of member of Police Department or Fire Department to position in Homeland Security and Emergency Management Agency. The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Homeland Security and Emergency Management Agency, with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of  5-701 to  5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in the Homeland Security and Emergency Management Agency or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in the Homeland Security and Emergency Management Agency not been made, whichever is greater.  (May 21, 1951, 65 Stat. 44, ch. 102; July 6, 1953, 67 Stat. 139, ch. 179,  1; Mar. 14, 2007, D.C. Law 16-262,  407, 54 DCR 794.)  Prior Codifications 1981 Ed.,  6-1403. 1973 Ed.,  6-1202a. Section References This section is referenced in  7-2204. Effect of Amendments D.C. Law 16-262 rewrote this section, which formerly read: The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Office of Emergency Preparedness (authorized to be abolished by Reorganization Plan No. 5 of 1952), with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of  5-701 to  5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in such office or agency succeeding to the functions of the Office of Emergency Preparedness or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in such office or agency not been made, whichever is greater. References in Text Pursuant to Mayors Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency. Editor's Notes Office of Civil Defense abolished: See Historical and Statutory Notes following  7-2202. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia SelfGovernment and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 72204. Metropolitan Police Department, Fire Department defined. As used in  7-2203, the terms Metropolitan Police Department and Fire Department shall include, respectively, offices or agencies succeeding to the functions of such departments pursuant to Reorganization Plan No. 5 of 1952.  (July 6, 1953, 67 Stat. 140, ch. 179,  1.)  Prior Codifications 1981 Ed.,  6-1404. 1973 Ed.,  6-1202b.
 72205. Powers and duties. The Homeland Security and Emergency Management Agency is authorized and directed, subject to the direction and control of the Mayor of the District: (1) To prepare a comprehensive plan and program for civil defense, such plan and program to be integrated into and coordinated with the civil defense plans of the federal government, and of nearby states and appropriate political subdivisions thereof; (2) To institute training programs and public information programs; to organize, equip, and train civil defense units, and to utilize regularly employed personnel of the government of the District of Columbia for service in and within such civil defense units and to train such personnel for such service; to expand existing agencies of the District government concerned with civil defense; and to take all other preparatory steps including the partial or full mobilization of civil defense organizations in advance of actual disaster; (3) To make such studies and surveys of the resources and capabilities of the District for civil defense, and to plan for the most efficient emergency use thereof; (4) To develop and enter into mutual aid agreements with states or political subdivisions thereof for reciprocal civil defense aid and mutual assistance in case of disaster too great to be dealt with unassisted. Such agreements may include the exchange of food, clothing, medicines, and other supplies; emergency housing; engineering services; police services; medical and nursing services; firefighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel, and services as may be needed. Such agreements shall be consistent with the national civil defense plan and program. In time of emergency it shall be the duty of each agency and organization to render assistance in accordance with the provisions of such mutual aid agreements; (5) To employ such technical, clerical, stenographic, and other personnel and make such expenditures within appropriations thereof or from other funds made available for purposes of civil defense, as may be necessary to carry out the purposes of this chapter; (6) To cooperate with governmental and nongovernmental agencies, organizations, associations, and other entities, and coordinate the activities of all organizations for civil defense within the District; (7) To accept from the United States or from any officer or agency thereof all facilities, supplies, and funds that may from time to time be offered to the District of Columbia, and to agree to such terms, conditions, rules, and regulations as may be imposed in connection with such offer; (8) To utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the District to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and supply such equipment, supplies, and facilities to the said Director upon request, and, when authorized by the Mayor, appropriations available to the District of Columbia may be used to match financial contributions made by any department or agency of the United States to the government of the District for the purchase of civil defense equipment and supplies; (9) To perform such other functions as may be assigned by the Mayor of the District of Columbia.  (Aug. 11, 1950, 64 Stat. 439, ch. 686,  3; Apr. 5, 1952, 66 Stat. 44, ch. 159,  1; Oct. 26, 1973, Pub. L. 93-140,  17, 87 Stat. 507; June 28, 1977, D.C. Law 2-12,  6(c), 24 DCR 1442; Mar. 3, 1979, D.C. Law 2-139,  3205(tt), 25 DCR 5740; Mar. 14, 2007, D.C. Law 16-262,  101(c), 54 DCR 794.)  Prior Codifications 1981 Ed.,  6-1405. 1973 Ed.,  6-1203. Section References This section is referenced in  1-636.02. Effect of Amendments D.C. Law 16-262, in the introductory paragraph, substituted Homeland Security and Emergency Management Agency for Office of Emergency Preparedness. Emergency Legislation  For temporary (90 days) establishment of an intelligence fusion center for the District within the Homeland Security and Emergency Management Agency, see  2 of Homeland Security Fusion Center and Law Enforcement Authority Emergency Amendment Act of 2021 (D.C. Act 24-2, Jan. 15, 2021, 68 DCR 001527).  Temporary Legislation  For temporary (225 days) establishment of an intelligence fusion center for the District within the Homeland Security and Emergency Management Agency, see  2 of Homeland Security Fusion Center and Law Enforcement Authority Temporary Amendment Act of 2021 (D.C. Law 24-2, May 13, 2021, 68 DCR 003438).   For temporary (225 days) establishment of an intelligence fusion center for the District within the Homeland Security and Emergency Management Agency, see  3 of Non-Public Student Educational Continuity and Homeland Security Fusion Center and Law Enforcement Authority Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-68, Apr. 14, 2021, 68 DCR 004911).  References in Text Pursuant to Mayors Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency. Editor's Notes Office of Civil Defense abolished: See Historical and Statutory Notes following  7-2202. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 72206. Limitation of liability. Neither the District of Columbia nor any volunteer agency in the service of said District nor, except in cases of willful misconduct or gross negligence, any officer, agent, or employee of the District of Columbia or volunteer agency, or any regularly appointed volunteer worker, engaged in civil defense activities, while complying with or attempting to comply with any provision of this chapter or of any rule, regulation, or order issued pursuant to this chapter, shall be liable to any person, whether or not such person is engaged in civil defense, for death, injury, or property damage resulting therefrom. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under any workmens compensation law, or under any pension, retirement, or disability law, nor the right of any such person to receive any benefits or compensation under any other act of Congress.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  4.)  Prior Codifications 1981 Ed.,  6-1406. 1973 Ed.,  6-1204.
 72207. Appropriations authorized. Appropriations for carrying out the purposes of this chapter are hereby authorized.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  5.)  Prior Codifications 1981 Ed.,  6-1407. 1973 Ed.,  6-1205.
 72208. Annual report. The Homeland Security and Emergency Management Agency, through the Mayor of the District of Columbia, shall submit to the Senate and House of Representatives on the 1st day of each regular session of the Congress a report of its activities and expenditures under this chapter.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  6; Mar. 14, 2007, D.C. Law 16-262, 101(d), 54 DCR 794.)  Prior Codifications 1981 Ed.,  6-1408. 1973 Ed.,  6-1206. Effect of Amendments D.C. Law 16-262, substituted Homeland Security and Emergency Management Agency for Office of Emergency Preparedness. References in Text Pursuant to Mayors Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency. Editor's Notes Office of Civil Defense abolished: See Historical and Statutory Notes following  7-2202. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 72209. Interstate civil defense compacts. (a) The Mayor of the District of Columbia is authorized to enter into and execute on behalf of the District of Columbia interstate civil defense compacts with the states, substantially in the form set forth in this subsection. The form of compact set forth in this subsection may include, in lieu of the 2nd sentence of Article 3 thereof, the following: Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as are extended to the civil defense forces of such state.  FORM OF INTERSTATE COMPACT The contracting States solemnly agree: Article 1 The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full, and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment, or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil-defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact. Article 2 It shall be the duty of each party State to formulate civil-defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any material and equipment available for civil defense. In carrying out such civil-defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices, and rules and regulations including  (a) Insignia, arm bands, and any other distinctive articles to designate and distinguish the different civil-defense services; (b) Blackouts and practice blackouts, air-raid drills, mobilization of civil-defense forces, and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) The effective screening or extinguishing of all lights and lighting devices and appliances; (e) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services; (f) All materials or equipment used or to be used for civil-defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State; (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks; (h) The safety of public meetings or gatherings; and (i) Mobile support units. Article 3 Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil-defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges, and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil-defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil-defense authorities of the State receiving assistance. Article 4 Whenever any person holds a license, certificate, or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate, or other permit as if issued in the State in which aid is rendered. Article 5 No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. Article 6 Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies. Article 7 Each party State shall provide for the payment of compensation and death benefits to injured members of the civil-defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State. Article 8 Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil-defense forces for the compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed. Article 9 Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil-defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government, under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees. Article 10 This compact shall be available to any State, territory, or possession of the United States, and the District of Columbia. The term State may also include any neighboring foreign country or province or state thereof. Article 11 The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee. Article 12 This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government. Article 13 This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States. Article 14 This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. (b) Notwithstanding the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App.,  2251 et seq. [repealed]), the consent of Congress is hereby granted to each compact entered into by the District of Columbia with any state pursuant to the provisions of this section. (c) Whenever any such compact becomes operative by ratification of the parties thereto, such compact shall have the force and effect of law. (d) As used in this section the word state includes the territories and possessions of the United States and the District of Columbia and with respect to the District of Columbia the word Governor means the Mayor of the District of Columbia.  (Apr. 22, 1954, 68 Stat. 62, ch. 172,  1-4.)  Prior Codifications 1981 Ed.,  6-1409. 1973 Ed.,  6-1207. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section. Complementary Legislation: Ala.Code 1975,  31-9-7. Ariz.A.R.S.  26-309 note. Ark.A.C.A.  12-76-101, 12-76-102. Cal.Wests Ann. Cal.Gov.Code,  177 to 178.5. Del.20 Del.C.  3301, 3302. D.C.D.C. Official Code, 2001 Ed.  7-2209. Kan.K.S.A. 48-3201, 48-3202. La.LSA-R.S. 29:721 to 29:738. Maine37-B M.R.S.A.  901 to 915. Md.Code, Public Safety,  14-601 to 14-605. Mich.M.C.L.A.  30.261. Neb.R.R.S. 1943,  A1-109. Nev.N.R.S. 415.010. N.J.N.J.S.A. 38A:20-3. N.Y.McKinneys Unconsol.Laws,  9231 to 9233. Pa.35 Pa.C.S.A.  7111. R.I.Gen.Laws. 1956,  30-15-14. S.C.Code 1976,  25-9-10, 25-9-20. Tenn.T.C.A.  58-2-402. U.S.Jan. 12, 1951, ch. 1228, 64 Stat. 1249. UtahU.C.A. 1953, 39-5-1 to 39-5-3. Virgin Islands23 V.I.C.  1128.
 72231.01. Findings. The Council finds that: (1) The District of Columbia has been designated a high-threat target city by the United States Department of Homeland Security, and needs commensurate capabilities for preventing, mitigating, and responding to terrorist attacks. These capabilities include risk-based strategic planning, threat and vulnerability analysis, and gap assessments. (2) It is the policy of the District of Columbia to warn, inform, and protect its residents by providing timely and accurate information before, during, and after times of emergency. Such information can save lives, reduce property losses, and speed economic recovery by providing residents with the information they need to make informed decisions and to take appropriate protective actions. (3) The District of Columbia seeks to promote transparency regarding homeland security efforts, in order that government officials and the public can assess the risks, adequacy of programs, the progress made, and gaps remaining. (4) Risks and vulnerabilities identified through an ongoing program of analysis should be addressed expeditiously and comprehensively. (5) The Final Report of the National Commission on Terrorist Attacks Upon the United States outlined appropriate roles for the federal government and its counterparts at the local government level, and concluded that homeland security priorities and assistance should be based strictly on an assessment of risks and vulnerabilities.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  201; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.) 
 72231.02. Definitions. For the purposes of this part, the term: (1) Agency means the Homeland Security and Emergency Management Agency. (1A) "COOP" means the continuity of operations. (1B) "COOP Coordinator" means the District government agency employee designated pursuant to  7-2231.11(b)(1). (1C) "COOP Plan" means the living document containing specific policy and guidance for a District government agency to ensure the District government agency can continue to perform essential functions during short-term and long-term emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies. (2) Director means the Director of the Homeland Security and Emergency Management Agency. (2A) "District COOP Program Manager" means the Agency employee designated pursuant to  7-2231.11(a)(1). (2B) "District government agency" means a subordinate or independent agency. (2C) "Independent agency" means any agency of the District of Columbia government that is not under the direct administrative control of the Mayor. (3) Program means the Homeland Security Program created by  7-2231.03. [(4)] Subordinate agency" shall have the same meaning as provided in  1-603.01(17).  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  202; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794; Mar. 16, 2021, D.C. Law 23-219,  2(a), 67 DCR 13906.) 
 72231.03. Homeland Security Program. (a) The Director shall develop a Homeland Security Program to identify and mitigate threats, risks, and vulnerabilities within the District of Columbia. The program shall include, but not be limited to: (1) Identifying public infrastructure and other public assets in the District that need protection, assessing vulnerability, and addressing priority needs; (2) Establishing measurable readiness priorities and targets that balance the potential threat and magnitude of terrorist attacks, major disasters, and other emergencies with the resources required to prevent, respond to, and recover from them; (3) Establishing readiness metrics and performance measures for preparedness in the areas of prevention, protection, response, and recovery; (4) Assisting residents and public and private entities in emergency preparedness; (5) Coordinating with federal, state, and regional authorities, and with private entities; and (6) Developing a budget to implement the Program. (b) Within one year of March 14, 2007, the Director shall contract for a baseline threat and vulnerability assessment of the District of Columbia to include risks associated with, but not limited to, terrorism (including bioterrorism), radiological weapons and their potential transport into the District of Columbia, food and water supply, cybersecurity, fire and rescue capability; an assessment of actions already taken to address security issues and recommendations on whether additional safety and security enforcement actions are needed; and recommendations for additional legislation needed to enhance the security of District residents. (c) Beginning one year after the establishment of the Program, the Mayor shall submit an annual report to the Council describing the current level of the preparedness of the District of Columbia, including reports on the Districts homeland security capabilities, priority unmet needs and the cost of meeting those needs, relevant training and readiness exercises, resident education, and the utilization of mutual aid.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  203; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.)  Section References This section is referenced in  7-2231.02.
 72231.04. Public information and involvement program. (a) The Mayor shall: (1) Disseminate homeland security information to the public and engage residents in homeland security emergency planning; (2) Solicit resident input in vulnerability assessment and planning activities; and (3) Offer periodic training opportunities to members of the public.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  204; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.) 
 72231.05. District of Columbia government employee security training program. (a) The Director, in consultation with other District of Columbia agencies, law enforcement, security, and terrorism experts, and representatives of public employees, shall develop and issue guidelines for a public employee security training program to meet requirements established in the District of Columbia Emergency Response Plan. (b) At the request of the Director, District government agencies shall submit employee training programs to the Director for annual review.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  205; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.) 
 72231.06. Large building security. (a) In consultation with organizations representing property owners, property managers, and building operators and managers, the Director shall develop guidance for building operators and managers to enhance the security of large commercial and residential buildings. (b) In consultation with the Director of the Department of Buildings and organizations representing property owners, property managers, and building operators and managers, the Director shall occasionally review the building code to determine potential changes that could improve building security.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  206; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794; Apr. 5, 2021, D.C. Law 23-269,  501(j), 68 DCR 001490.)  Applicability Section 7276 of D.C. Law 24-45 repealed the applicability provision of section 601 of D.C. Law 23-269 that impacted this section. Therefore the amendment of this section by Law 23-269 has been implemented. 
 72231.07. Exercises. The Agency shall coordinate a regular program of readiness exercises to test the District of Columbias emergency preparedness, propose action to address any gap in preparedness, and coordinate with regional, federal, and private entities.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  207; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.) 
 72231.08. Public notification of emergencies. The Agency shall establish and implement an effective homeland security public warning and information capability that can be used during emergencies to warn residents timely and to disseminate emergency information to residents, both indoors and outdoors, at any time and regardless of residents special needs. The Agency shall also pay particular attention to the needs of senior citizens and low-income residents in establishing an effective homeland security public warning and information capability.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  208; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.) 
 72231.09. Private sector vulnerability assessments and mitigation plans. The Director shall request the voluntary sharing of information from private entities on best practices for prevention, mitigation, response, and recovery from a terrorist or other security incident, including information on relocation and other business continuity plans and programs, for the purpose of collaboration to improve public and private preparedness.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  209; as added Mar. 14, 2007, D.C. Law 16-262,  101(e), 54 DCR 794.)  Emergency Legislation For temporary (90 day) addition, see  3008 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).
 72231.10. Rules for use of surveillance cameras. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules for the use of surveillance cameras and technology in the operation of its Video Interoperability for Public Safety (VIPS) program; provided, that the Agency shall not use cameras maintained or monitored by either the Department of Corrections or the Metropolitan Police Department. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 45-day review period, the proposed rules shall be deemed disapproved. (b) Until rules are issued and approved pursuant to subsection (a) of this section, the use of any video surveillance cameras that are part of the VIPS program shall be governed by the regulations promulgated pursuant to the Use of Closed Circuit Television to Combat Crime Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938), and published in Chapter 25 of Title 24 of the District of Columbia Municipal Regulations. (c) The Metropolitan Police Department shall maintain a right of access to all surveillance cameras and technology in the VIPS program, without limitation, except as stated in applicable rules or regulations governing the VIPS program.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  210; as added Aug. 16, 2008, D.C. Law 17-219,  3008, 55 DCR 7598; Mar. 5, 2010, D.C. Law 18-113,  2, 57 DCR 487.)  Effect of Amendments D.C. Law 18-113, in subsec. (a), substituted program; provided, that the Agency shall not use cameras maintained or monitored by either the Department of Corrections or the Metropolitan Police Department. for program.; and added subsec. (c). Short Title Short title: Section 3007 of D.C. Law 17-219 provided that subtitle C of title III of the act may be cited as the Homeland Security and Emergency Management Agency Video Surveillance Rules Amendment Act of 2008. Delegation of Authority Delegation of Authority Pursuant to section 3008 of D.C. Law 17-219, the Homeland Security and Emergency Management Agency Video Surveillance Rules Act of 2008, see Mayors Order 2008-135, October 10, 2008 ( 55 DCR 11216).
 72231.11. District government continuity of operations planning. (a) The Agency shall coordinate COOP planning for the District government, including by: (1) Designating a senior Agency employee to serve as the District COOP Program Manager, whose primary responsibility shall be to implement this section; (2) Developing internal policies and procedures, including after-action reviews, for the Agency to govern its implementation of this section; (3) Maintaining a complete and accurate list of COOP Coordinators and backup COOP Coordinators; (4) Developing, updating, and distributing a COOP Plan template and guidance for each District government agency; (5) Ensuring each District government agency develops, updates, and conducts exercises of its COOP Plan; (6) Consulting with each District government agency on after-action reviews of exercises of its COOP Plan; (7) Monitoring the status of each District government agency's COOP Plan and bringing the District government agency into compliance with subsection (b) of this section; and (8) Submitting an annual report to the City Administrator, Deputy Mayor for Public Safety and Justice, and Council Committee with jurisdiction over the Agency on COOP planning for the District government, including: (A) An after-action review of the Agency's implementation of this section; and (B) For each District government agency, a description of the: (i) Agency's implementation of this section, specifically with respect to that District government agency, since the submission of the last report; and (ii) District government agency's compliance or noncompliance with subsection (b) of this section. (b) Each District government agency shall work with the Agency to: (1) Within 30 days after March 16, 2021, designate a senior employee to serve as its COOP Coordinator and an employee to serve as its backup COOP Coordinator, should the COOP Coordinator be unavailable at any time, and submit their names and contact information to the District COOP Program Manager; (2) By October 1, 2021, develop and submit a COOP Plan that conforms with the Agency's COOP Plan template and guidance to the District COOP Program Manager; (3) By July 1, 2022, and annually thereafter, conduct an exercise of its COOP Plan and an after-action review of the exercise, which shall include the preparation of a report, submitted to the District COOP Program Manager, describing any deficiencies in and necessary revisions to the COOP Plan identified through the exercise; and (4) By October 1, 2022, and annually thereafter, update its COOP Plan submitted pursuant to paragraph (2) of this subsection, in coordination with the District COOP Program Manager, and re-submit the updated COOP Plan to the District COOP Program Manager. (c) The COOP Coordinator and backup COOP Coordinator designated pursuant to subsection (b)(1) of this section shall work with the District COOP Program Manager to facilitate and ensure the District government agency's compliance with subsection (b) of this section. (d) By January 31, 2022, the Inspector General shall audit COOP planning for the District government, including in relation to COVID-19, and submit a report to the Mayor and Council on the Inspector General's findings.  (Aug. 11, 1950, 64 Stat. 440, ch. 686,  211; as added Mar. 16, 2021, D.C. Law 23-219,  2(b), 67 DCR 13906.) 
 72271.01. Definitions. For the purposes of this subchapter, the term: (1) Agency means the Homeland Security and Emergency Management Agency. (2) Commission means the Homeland Security Commission established by  7-2271.02. (3) Director means the Director of the Homeland Security and Emergency Management Agency.  (Mar. 14, 2007, D.C. Law 16-262,  201, 54 DCR 794.) 
 72271.02. Establishment of District of Columbia Homeland Security Commission; membership. (a) There is established a District of Columbia Homeland Security Commission, which shall consist of 7 persons with expertise in security, transportation, communication, chemical safety, risk assessment, terrorism (including bioterrorism), or occupational safety and health. (b)(1) Commission members shall be nominated by the Mayor and confirmed by the Council for terms of 3 years, in accordance with  1-523.01(e), except that initially 4 Commission members shall be appointed to a 3-year term and 3 Commission members shall be appointed to a 2-year term. (2) The Mayor shall establish through rulemaking that Commission members shall be subject to pre-nomination inquiries and security-clearance requirements. (3) The terms of the members first appointed shall begin on the date a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments. (4) Commission members terms shall be staggered so that either 4 positions or 3 positions will expire on the years anniversary date. (c) Members shall receive no salary for their service on the Commission but shall be reimbursed for administrative costs associated with membership. (d) The Agency shall provide staff to the Commission.  (Mar. 14, 2007, D.C. Law 16-262,  202, 54 DCR 794; June 19, 2013, D.C. Law 19-320,  508, 60 DCR 3390.)  Section References This section is referenced in  1-523.01 and  7-2271.01. Effect of Amendments The 2013 amendment by D.C. Law 19-320 added except that initially 4 Commission members shall be appointed to a 3-year term and 3 Commission members shall be appointed to a 2-year term at the end of (b)(1); and made a related change. Emergency Legislation For temporary amendment of (b)(1), see  508 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017). For temporary (90 days) amendment of this section, see  508 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).
 72271.03. Responsibilities. (a) The Commission shall: (1) Gather and evaluate information on the status of homeland security in the District of Columbia; (2) Measure progress and gaps in homeland security preparedness; (3) Recommend security improvement priorities in consultation with major public and private entities; and (4) Advise the District of Columbia government on the Homeland Security Program. (b) The Director may submit to the Commission and the Commission may request from the Director for periodic review, after-action reports on District of Columbia and other governmental homeland security exercises, assessments of regional homeland security efforts, and other documents relevant to the Commissions responsibilities. (c) The Commission, in consultation with the Director, shall use any information collected under this subchapter to make recommendations for improvements in security and preparedness.  (Mar. 14, 2007, D.C. Law 16-262,  203, 54 DCR 794.) 
 72271.04. Confidentiality of proceedings. (a) Commission proceedings shall be closed to the public and shall not be subject to  1-207.42 when the Committee is discussing specific public and private vulnerability assessments or where the information discussed would: (1) Reveal a trade secret or privileged or confidential commercial or financial information; or (2) Be detrimental to public safety. (b)(1) Persons other than Commission members who attend any Commission meeting which, pursuant to this section, is not open to the public, shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Commission. (2) Commission members who attend meetings not open to the public shall not disclose what occurred with anyone who was not in attendance (except other Commission members), except insofar as disclosure is necessary to carry out the duties of the Commission. (3) Any party who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the person to whom the information is disclosed, are as limited as possible. (c) Members of the Commission, persons attending a Commission meeting, and persons who present information to the Commission may not be required to disclose, in any administrative, civil, or criminal proceeding, information presented at or opinions formed as a result of a Commission meeting.  (Mar. 14, 2007, D.C. Law 16-262,  204, 54 DCR 794.)  Section References This section is referenced in  2-534.
 72271.05. Confidentiality of information. (a) All information and records generated by the Commission, including statistical compilations and reports, and all information and records acquired by, and in the possession of, the Commission are confidential. (b) Except as permitted by this section, information and records of the Commission shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2 [ 2-531 et seq.], nor shall it be introduced into evidence in any administrative, civil, or criminal proceeding. (c) Commission information and records may be disclosed only as necessary to carry out the Commissions duties and purposes. The information and records may be disclosed by the Commission to another Homeland Security Commission if the other commission is governed by confidentiality provisions which afford the same or greater protections as those provided in this subchapter. (d) Information and records presented to the Commission shall not be immune from subpoena or discovery, or prohibited from being introduced into evidence, solely because the information and records were made available to the Commission, if the information and records could have been obtained through other sources.  (Mar. 14, 2007, D.C. Law 16-262,  205, 54 DCR 794; Mar. 25, 2009, D.C. Law 17-353,  157(b), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in subsec. (c).
 72271.06. Records. All records and information obtained by the Commission pursuant to this subchapter shall be destroyed by the Commission one year after publication of the Commissions annual report.  (Mar. 14, 2007, D.C. Law 16-262,  206, 54 DCR 794.) 
 72271.07. Report to the Mayor, Council, and the public. The Commission shall report on an annual basis to the Mayor and Council on the work of the Commission and areas of the Homeland Security Program in need of improvement and shall make the annual report available to the public.  (Mar. 14, 2007, D.C. Law 16-262,  207, 54 DCR 794; Mar. 25, 2009, D.C. Law 17-353,  157(c), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction.
 72301. Definitions. As used in this chapter the term: (1) Communicable disease means that term as it is defined in  7-132(2). (1A) District of Columbia response plan means the District of Columbias state plan for public emergency preparedness and prevention prepared pursuant to  201 of the Disaster Relief Act of 1974 (42 U.S.C.  5121) and  7-2302. (1B) Health care provider means any person or entity who provides health care services, including hospitals, medical clinics and officers, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers. (2) Mayor means the Mayor of the District of Columbia or his or her designated agent. (3) Public emergency means any disaster, catastrophe, or emergency situation where the health, safety, or welfare of persons in the District of Columbia is threatened by reason of the actual or imminent consequences within the District of Columbia of: (A) Enemy attack, sabotage or other hostile action; (B) Severe and unanticipated resource shortage; (C) Fire; (D) Flood, earthquake, or other serious act of nature; (E) Serious civil disorder; (F) Any serious industrial, nuclear, or transportation accident; (G) Explosion, conflagration, power failure; (H) Injurious environmental contamination which threatens or causes damage to life, health, or property; or (I) Outbreak of a communicable disease that threatens or causes damage to life, health, or property. (4) Resource means, but is not limited to, natural gas, heating fuel, automotive fuel, electricity, water, and food.  (Mar. 5, 1981, D.C. Law 3-149,  2, 27 DCR 4886; Oct. 17, 2002, D.C. Law 14-194,  202(a), 903(a), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-1501. Section References This section is referenced in  2-534,  5-132.04,  7-2361.01, and  8-634.01. Effect of Amendments D.C. Law 14-194, in par. (1), substituted District of Columbia response plan for Emergency operations plan. D.C. Law 14-194 redesignated par. (1) as par. (1A); added a new par. (1); in par. (1A), substituted District of Columbia response plan for Emergency operations plan; added par. (1B); made nonsubstantive changes in pars. (3)(G) and (3)(H); and added par. (3)(I). Mayor's Orders Establishment of the Mayors Emergency Preparedness Council, see Mayors Order 2002-1, February 1, 2002 ( 49 DCR 896). Amendment of Mayors Order 2002-1, dated January 2, 2002, Establishment of the Mayors Emergency Preparedness Council (EPC), see Mayors Order 2003-121, August 15, 2003 ( 50 DCR 7246). Declaration of Public Emergency, see Mayors Order 2003-135, September 17, 2003 ( 50 DCR 8294). Declaration of Termination of Public Emergency, see Mayors Order 2003-139, September 29, 2003 ( 50 DCR 9958).
 72302. Establishment of program of public emergency preparedness; publication. (a) The Mayor may establish a program of public emergency preparedness that utilizes the services of all appropriate agencies (including the Homeland Security and Emergency Management Agency) and the program shall include, but not be limited to: (1) Development of a District of Columbia response plan which would: (A) Set forth a comprehensive and detailed District of Columbia state program for preparation against, and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and affected designated subdivisions of the District of Columbia; and (B) Include provisions for: Appointment and training of appropriate staffs; formulation of necessary regulations and procedures; and conduct of required exercises; (2) Post public emergency evaluations; (3) Periodic review of programs; and (4) Coordination of federal and state preparedness programs. (b) Except as provided in subsection (c) of this section, the Mayor shall publish in the District of Columbia Register, for notice and comment, any program or plan for public emergency preparedness prepared pursuant to this chapter. The publication shall, at a minimum, state the subject matter of the program or plan and the specific manner in which a complete copy can be obtained or reviewed and commented upon prior to the transmittal of the plan or program to the Council of the District of Columbia. (c) Any specific response plan, and any specific vulnerability assessment, either of which is intended to prevent or to mitigate an act of terrorism, as that term is defined in  22-3152(1), shall be exempt from the requirements in subsection (b) of this section. (d) The Mayor shall review the District of Columbia response plan on an annual basis. Any revisions to the plan shall be published in the District of Columbia Register and forwarded to the Council pursuant to subsection (b) of this section. (e) Neither the District of Columbia, its independent agencies, employees, officers, or agents shall be held liable for damages for any actions taken within the scope of the individuals employment or voluntary service to implement the provisions of the District of Columbia response plan, except in instances of gross negligence.  (Mar. 5, 1981, D.C. Law 3-149,  3, 27 DCR 4886; Oct. 17, 2002, D.C. Law 14-194,  202(b), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  47(a), 51 DCR 881; Mar. 14, 2007, D.C. Law 16-262,  408, 54 DCR 794.)  Prior Codifications 1981 Ed.,  6-1502. Section References This section is referenced in  7-2301. Effect of Amendments D.C. Law 14-194, in subsec. (a), substituted District of Columbia Emergency Management Agency for Office of Emergency Preparedness; in subsec. (a)(1), substituted District of Columbia response plan for emergency operations plan; in subsec. (b), substituted Except as provided in subsection (c) of this section, the Mayor shall publish in for The Mayor shall publish in 2 consecutive editions of; and added subsecs. (c), (d), and (e). D.C. Law 15-105, in subsec. (a)(1), validated a previously made technical correction. D.C. Law 16-262, in subsec. (a), in the introductory paragraph, substituted Homeland Security and Emergency Management Agency for District of Columbia Emergency Management Agency. References in Text Pursuant to Mayors Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.
 72303. Transmittal of plan or program to Council. (a) The Mayor shall transmit to the Council of the District of Columbia complete copies of any existing plan or program prepared pursuant to  201 of the Disaster Relief Act of 1974 (42 U.S.C.  5121) within 30 calendar days of March 5, 1981. The plan or program shall be valid only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays, holidays and days on which the Council of the District of Columbia is in recess according to its rules) after the receipt of the plan or program from the Mayor, a resolution disapproving the plan or program. (b) The Mayor shall transmit to the Council of the District of Columbia complete copies of any plan or program prepared pursuant to this section within 30 calendar days of the completion of the plan or program. The plan or program shall be valid only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays and holidays and days on which the Council of the District of Columbia is in recess according to its rules) after receipt of the plan or program from the Mayor, a resolution disapproving the plan or program.  (Mar. 5, 1981, D.C. Law 3-149,  4, 27 DCR 4886.)  Prior Codifications 1981 Ed.,  6-1503.
 72304.01. Issuance of public health emergency executive order. (a) When the Mayor declares a public emergency pursuant to  7-2304, the Mayor may issue an additional executive order to proclaim a public health emergency if the Mayor has reasonable cause to believe that there is an imminent hazard of or actual occurrence of any of the following harms: (1) A large number of deaths in the District of Columbia; (2) A large number of serious or long-term human health disabilities in the District of Columbia; (3) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the District of Columbia; (4) Use, dissemination, or detonation of a weapon of mass destruction, as defined by Chapter 31A of Title 22, in the District of Columbia; or (5) Other emergency events that create an acute and immediate need for volunteer health practitioners. (b) An executive order issued pursuant to this section shall be subject to the publication requirements of  7-2306(d). (c) A public health emergency executive order shall specify: (1) The existence, nature, extent, and severity of the public health emergency; (2) The geographic areas subject to the declaration; (3) The conditions that have brought about the public health emergency, if known; (4) The measures necessary to relieve the public health emergency; (5) The specific requirements of the order and the persons upon whom the order is binding; and (6) The duration of the order, which shall be consistent with the provisions of  7-2306. (d) A public health emergency executive order may include terms that: (1) Require that the conduct and management of the affairs and property of licensed health care providers in the District of Columbia shall be such that they will reasonably assist and not unreasonably detract from the ability of the District of Columbia government to successfully respond to and control the public health emergency in accordance with the provisions of the District of Columbia response plan and of subchapter II of Chapter 1 of this title; (2) Appoint licensed health care providers, either from the District of Columbia or from other jurisdictions, as temporary agents of the District of Columbia; provided, that such appointments are: (A) In effect solely for the duration of the public health emergency; (B) In effect solely for the purpose of assisting the District of Columbia in implementing the provisions of the District of Columbia response plan and of subchapter II of Chapter 1 of this title; and (C) Without compensation; (3) Exempt licensed health care providers, either from the District of Columbia or from other jurisdictions, from civil liability for damages for any actions taken within the scope of the providers employment or voluntary service to implement the provisions of the District of Columbia response plan and of subchapter II of Chapter 1 of this title, except in instances of gross negligence, and solely for the duration of the public health emergency; and (4) Waive any licensing requirements, permits, or fees otherwise required by District of Columbia law to allow health care providers from other jurisdictions appointed as temporary agents to respond to the public health emergency pursuant to this subsection; provided, that the appointed temporary agents are licensed in their home jurisdictions in their fields of expertise. (d-1) Except as otherwise provided in an executive order issued pursuant to this section, this section shall not otherwise restrict or limit the use and deployment of volunteer health practitioners or the rights, privileges, duties, and immunities provided to volunteer health practitioners pursuant to Chapter 23C of this title [ 7-2361.01 et seq.]. (e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue regulations to implement the provisions of this section.  (Mar. 5, 1981, D.C. Law 3-149,  5a; as added Oct. 17, 2002, D.C. Law 14-194,  903(c), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  48, 51 DCR 881; July 1, 2010, D.C. Law 18-184,  14(d), 57 DCR 3655.)  Effect of Amendments D.C. Law 15-105, in subsec. (d)(2)(B), validated a previously made technical correction. D.C. Law 18-184, in subsec. (a), deleted or from the end of par. (3); substituted ; or for a period at the end of par. (4), and added par. (5); and added subsec. (d-1). Emergency Legislation  For temporary (90 days) amendment of this section, see  507(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  507(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  507(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  507(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  507(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see  301(b) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).  Temporary Legislation  For temporary (225 days) amendment of this section, see  507(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) creation of  7-2304.02, see  507(c) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).   For temporary (225 days) amendment of this section, see  507(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72304. Issuance of emergency executive order; contents; actions of Mayor after issuance.  *NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) Upon reasonable apprehension of the existence of a public emergency and the determination by the Mayor that the issuance of an order is necessary for the immediate preservation of the public peace, health, safety, or welfare, and as a prerequisite to requesting emergency or major disaster assistance in accordance with the Disaster Relief Act of 1974 (42 U.S.C.  5121) the Mayor may issue an emergency executive order which shall state: (1) The existence, nature, extent, and severity of the public emergency; (2) The measures necessary to relieve the public emergency; (3) The specific requirements of the order and the persons upon whom the order is binding; and (4) The duration of the order. (b) Upon the issuance of an emergency executive order the Mayor may: (1) Repealed. (2) Implement those provisions of the District of Columbia response plan as issued by the Mayor, without regard to established operating procedures relating to the performance of public works, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and expenditure of public funds; provided, that this paragraph shall apply only to employees of the District of Columbia government; provided further, that, with respect to any public emergency or public health emergency declared, extended, or otherwise in effect in 2022, the additional authority provided pursuant to this paragraph for entering into contracts and incurring obligations is limited to procurements that: (A) Are necessary to protect public health and safety through: (i) Coronavirus testing, including the necessary supports for testing such as staffing, equipment, and supplies; (ii) Vaccination against COVID-19, including the necessary supports for vaccination such as staffing, equipment, and supplies; (iii) Updating and maintaining information technology systems that support the District's response to COVID-19, including the necessary supports for such updates and maintenance; or[] (iv) The provision of masks and personal protective equipment; and, (B) Are entered into after a summary of each proposed procurement is provided to the Council and made publicly available online that includes: (i) A description of the specific goods or services to be procured; (ii) The source selection method, including whether the procurement was competitively sourced; (iii) The contract amount and the source of funds, whether federal or local; (iv) The name and certified business enterprise status of the proposed awardee; and (v) An explanation regarding why expedited procurement procedures are necessary to meet the specific need identified. (3) Prepare for, order, and supervise the implementation of measures designed to protect persons and property in the District of Columbia. Such measures may include the evacuation of persons in the District of Columbia to such emergency shelters within the District of Columbia as the Mayor may designate, or such shelters outside the District of Columbia as the Mayor may designate with the approval of the Governor of the state to which District of Columbia citizens are to be evacuated, and provision for the reception, sheltering, maintenance, and care of such evacuees. Evacuation of any personnel or activity of the federal government shall take place only with the consent of the President of the United States or the Presidents designee; provided, that upon agreement between the federal and District of Columbia governments, any prearranged evacuation plan shall constitute such consent; (4) Require the shutting off, disconnection, or suspension of service from, or by, gas mains, electric power lines, or other public utilities; (5) Destroy or cause to be destroyed any property, real or personal, in the District of Columbia, found to be contaminated by any matter or substance which renders it deleterious to life or health, and by reason of such contamination is of immediate or imminent danger to persons or property; to cause the removal from the District of Columbia or from place to place within the District of Columbia of any contaminated property; and to prohibit persons from contacting or approaching such property so as to endanger their lives or health; (6) Issue orders or regulations to control, restrict, allocate, or regulate the use, sale, production and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resources as required by the District of Columbia response plan or by any federal emergency plan; (7) Direct any person or group of persons, in the District of Columbia, to reduce or otherwise alter the hours during which they conduct business or similar activity at premises established and maintained for a business and to direct any person or group, or class of persons, within the District of Columbia, to remain off the public streets in the event that any public emergency requires that the Mayor institute a curfew; (8) Establish such public emergency services units as he or she may deem appropriate; (9) Expand existing departmental and agency units within the District of Columbia government concerned with public emergency services; (10) Exercise operational direction over all District of Columbia government departments and agencies during the period when an emergency executive order may be in effect; (11) Procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps, including the partial or full mobilization of public emergency services units in advance of actual disaster, to insure the furnishing of adequately trained and equipped personnel during a public emergency. Such programs shall be integrated and coordinated with the emergency services plans and programs of the federal government and of the neighboring states and political subdivisions thereof; (12) Request predisaster assistance or the declaration of a major disaster from the federal government, certify the need for federal disaster assistance and commit the use of a certain amount of District of Columbia government funds to alleviate the damage, loss, hardship, and suffering resulting from the disaster; (13) Prevent or reduce harmful consequences of disaster; or (14) Detain for medical reasons any person for which there is probable cause to believe that the person is affected with a communicable disease and that the persons presence in the general population is likely to cause death or seriously impair the health of others pursuant to subchapter II of Chapter 1 of this title.  (Mar. 5, 1981, D.C. Law 3-149,  5, 27 DCR 4886; Oct. 17, 2002, D.C. Law 14-194,  202(c), 903(b), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  47(b), 51 DCR 881; Nov. 13, 2021, D.C. Law 24-45,  7162, 68 DCR 010163; May 18, 2022, D.C. Law 24-121, 69 DCR 002668.)  Prior Codifications 1981 Ed.,  6-1504. Section References This section is referenced in  1-204.50a,  7-401,  7-2304.01, and  22-1319. Effect of Amendments D.C. Law 14-194, in subsecs. (b)(2) and (b)(6), substituted District of Columbia response plan for emergency operations plan; made nonsubstantive changes in subsecs. (b)(12) and (b)(13); and added subsec. (b)(14). D.C. Law 15-105, in pars. (2) and (6) of subsec. (b), validated previously made technical corrections. Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Limited Coronavirus Procurement Second Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-399, May 3, 2022, 69 DCR 004421).   For temporary (90 days) amendment of this section, see  2 of Limited Coronavirus Procurement Second Extension Emergency Amendment Act of 2022 (D.C. Act 24-329, Feb. 4, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2 of Limited Coronavirus Procurement Extension Emergency Amendment Act of 2021 (D.C. Act 24-277, Jan. 13, 2022, 69 DCR 000216).   For temporary (90 days) amendment to public health emergency response grants, see  3 of Analyzing Additional Emergency Procurement Activity Emergency Amendment Act of 2021 (D.C. Act 24-244, Dec. 14, 2021, 68 DCR 013511).   For temporary (90 days) amendment to public health emergency response grants, see  3(y)(2) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see  3(y)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) creation of public health emergency response grants, see  507(c) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  507(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) creation of public health emergency response grants, see  507(c) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  507(a) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  507(a) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  507(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  507(a) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see  301(a) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Limited Coronavirus Procurement Second Extension Temporary Amendment Act of 2022 (D.C. Law 24-121, May 18, 2022, 69 DCR 002668).   For temporary (225 days) amendment to public health emergency response grants, see  3(y)(2) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) amendment of this section, see  3(y)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) creation of public health emergency response grants, see  507(c) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  507(a) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  507(a) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).  For temporary (225 day) additions, see  2 to 4 of Natural Disaster Consumer Protection Temporary Act of 1989 (D.C. Law 8-51, October 19, 1989, law notification 37 DCR 7544). Mayor's Orders Emergency Declaration (As a Result of Severe Rain, Wind, and Thunderstorms of August 10-11, 2001), see Mayors Order 2001-126, August 13, 2001 ( 48 DCR 8214). Declaration of a Public Emergency (Terrorist Acts), see Mayors Order 2001-138, September 11, 2001 ( 48 DCR 9002). Rescission of September 11, 2001 State of Public Emergency; Continued Coordination of Subordinate Agencies to Meet Potential Terrorist Threats, see Mayors Order 2001-139, September 14, 2001 ( 48 DCR 9004). Establishment of the Mayors Domestic Preparedness Task Force, see Mayors Order 2001-142, September 19, 2001 ( 48 DCR 9009). 2011-146: Declaration of Public Emergency, see Mayors Order 2011-146, August 26, 2011 ( 58 DCR 7905). Declaration of Public Emergency, see Mayors Order 2011-148, September 2, 2011 ( 58 DCR 8083).
 72305. Regulations; recommendation of legislation. In addition to disaster prevention measures included in District of Columbia government and interjurisdictional public emergency plans, to prevent or manage the harmful consequences of a disaster, and consistent with the provisions of other law, the Mayor shall, when appropriate, issue regulations or recommend legislation to the Council of the District of Columbia relating to flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use, land use planning, and construction standards.  (Mar. 5, 1981, D.C. Law 3-149,  6, 27 DCR 4886.)  Prior Codifications 1981 Ed.,  6-1505.
 72306. Duration of emergency executive order; extension; publication of order; regional programs and agreements. (a) An emergency executive order, or a public health emergency executive order, issued by the Mayor shall be effective for a period of no more than 15 calendar days from the day it is signed by the Mayor, but may be rescinded in whole or in part by the Mayor within that period should the Mayor determine that the public emergency no longer exists, or no longer warrants the part rescinded. (b) An emergency executive order, or a public health emergency executive order, may be extended for up to an additional 15-day period, only upon request by the Mayor for, and the adoption of, an emergency act by the Council of the District of Columbia. (c) Should extenuating circumstances, such as death, destruction or other perilous conditions prohibit the convening of at least two-thirds of the members of the Council of the District of Columbia for consideration of emergency legislation, the Mayor shall make a reasonable attempt to consult with those members of the Council of the District of Columbia not affected by death, destruction, or other perilous conditions, after which the Mayor may extend the emergency executive order for up to 15 days. (d) Upon the issuance of any emergency executive order, or a public health emergency executive order, as soon as practicable given the condition of the emergency, the order shall be published in the District of Columbia Register, in 2 daily newspapers of general circulation in the District of Columbia, and shall be posted in such public places in the District of Columbia as the Mayor determines by regulation. (e) The Mayor may adopt and implement such rules and regulations as the Mayor finds necessary to carry out the purposes of this chapter, pursuant to the District of Columbia Administrative Procedure Act ( 2-501 et seq.). (f) The Mayor may join or enter into, on behalf of the District of Columbia government, regional programs, and agreements with the federal government, neighboring states, and political subdivisions thereof, for the coordination of disaster preparedness programs.  (Mar. 5, 1981, D.C. Law 3-149,  7, 27 DCR 4886; Oct. 17, 2002, D.C. Law 14-194,  903(d), 49 DCR 5306.)  Prior Codifications 1981 Ed.,  6-1506. Section References This section is referenced in  7-2304.01. Effect of Amendments D.C. Law 14-194, in subsec. (a), substituted An emergency executive order, or a public health emergency executive order, for Any emergency executive order; in subsec. (b), substituted An emergency executive order, or a public health emergency executive order, for An emergency executive order; and in subsec. (d), substituted any emergency executive order, or a public health emergency executive order, for any emergency executive order. Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Public Emergency Extension Emergency Amendment Act of 2022 (D.C. Act 24-346, Mar. 16, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2 of Public Health Emergency Extension Emergency Amendment Act of 2022 (D.C. Act 24-313, Jan. 26, 2022, 69 DCR 000850).   For temporary (90 days) amendment of this section, see  2 of Public Emergency Extension Emergency Amendment Act of 2021 (D.C. Act 24-276, Jan. 6, 2022, 69 DCR 000214).   For temporary (90 days) amendment of this section, see  3 of Foreclosure Moratorium Extension, Scheduled Eviction Assistance, and Public Emergency Extension Emergency Amendment Act of 2021 (D.C. Act 24-178, Oct. 7, 2021, 68 DCR 010692).   For temporary (90 days) amendment of this section, see  2 of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see  2 of Coronavirus Public Health Extension Emergency Amendment Act of 2021 (D.C. Act 24-79, May 19, 2021, 68 DCR 005600).   For temporary (90 days) amendment of this section, see  507(d) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  2 of January 2021 Public Emergency Extension Authorization Emergency Amendment Act of 2021 (D.C. Act 24-1, Jan. 15, 2021, 68 DCR 001525).   For temporary (90 days) amendment of this section, see  4(a) of Coronavirus Public Health Extension Emergency Amendment Act of 2020 (D.C. Act 23-524, Dec. 18, 2020, 67 DCR 14747).   For temporary (90 days) amendment of this section, see  2 of Coronavirus Public Health Extension Emergency Amendment Act of 2020 (D.C. Act 23-524, Dec. 18, 2020, 67 DCR 14747).   For temporary (90 days) amendment of this section, see  301(a) of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-483, Nov. 16, 2020, 67 DCR 13860).   For temporary (90 days) amendment of this section, see  2 of Public Health Emergency Authority Additional Extension Emergency Amendment Act of 2020 (D.C. Act 23-411, Oct. 5, 2020, 67 DCR 11513).   For temporary (90 days) amendment of this section, see  507(c) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  507(c) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see  301(b) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Public Emergency Extension Temporary Amendment Act of 2021 (D.C. Law 24-102, Mar. 15, 2022, 69 DCR 000599).   For temporary (225 days) amendment of this section, see  2 of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) amendment of this section, see  2 of Coronavirus Public Health Extension Temporary Amendment Act of 2021 (D.C. Law 24-22, Aug. 21, 2021, 68 DCR 006446).   For temporary (225 days) amendment of this section, see  507(d) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  301(a) of Protecting Businesses and Workers from COVID-19 Temporary Amendment Act of 2020 (D.C. Law 23-168, Dec. 23, 2020, 67 DCR 13025).   For temporary (225 days) amendment of this section, see  507(d) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72307. Violation of emergency executive order. An emergency executive order issued by the Mayor may provide for a fine of not more than $1,000 for each violation. The Corporation Counsel of the District of Columbia or any Assistant Corporation Counsel may bring an action in the name of the District of Columbia against anyone who has violated the provisions of an emergency executive order issued pursuant to this chapter.  (Mar. 5, 1981, D.C. Law 3-149,  8, 27 DCR 4886.)  Prior Codifications 1981 Ed.,  6-1507. Emergency Legislation  For temporary (90 days) amendment of this section, see  507(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  507(e) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  507(d)(2) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  507(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see  507(d) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see  301(c) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).  Temporary Legislation  For temporary (225 days) amendment of this section, see  507(e) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  507(e) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72308. Applicability of Administrative Procedure Act to emergency executive order. No action taken pursuant to an emergency executive order issued by the Mayor pursuant to this chapter shall be subject to  2-509, until after the expiration date of the emergency executive order.  (Mar. 5, 1981, D.C. Law 3-149,  9, 27 DCR 4886.)  Prior Codifications 1981 Ed.,  6-1508. Emergency Legislation For temporary (90 day) emergency management assistance compact, see  2 of Emergency Management Assistance Compact Emergency Act of 2002 (D.C. Act 14-281, February 25, 2002, 49 DCR 2296). For temporary (90 day) addition of provisions, see  2 and 3 of Emergency Management Assistance Compact Congressional Review Emergency Act of 2002 (D.C. Act 14-362, May 20, 2002, 49 DCR 5061). Temporary Legislation For temporary (225 day) repeal of D.C. Act 8-5, see  7 of Temporary Curfew Temporary Act of 1989 (D.C. Law 8-13, March 15, 1989, law notification 36 DCR 4558). For temporary (225 day) addition, see  2 of Emergency Management Assistance Compact Temporary Act of 2002 (D.C. Law 14-140, May 21, 2002, law notification 49 DCR 5057).
 72331. Findings. (a) The terrorist attacks on September 11, 2001 in New York, Virginia, and Pennsylvania, resulting in grievous loss of life and the concomitant disruption of our national regional services, highlight the need for, and value of, intergovernmental planning and programming at the state level, including the District of Columbia. (b) Mutual assistance between the states entering into this compact and the District of Columbia is also needed for the management of any emergency or disaster that is duly declared by the governor of a state, or the Mayor of the District of Columbia, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. (c) There is also a need for mutual assistance between the states and the District of Columbia fostering cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions thereof during emergencies, such actions occurring outside actual declared emergency periods. (d) The United States Congress issued the Emergency Management Assistance Compact (EMAC) Joint Resolution (Pub. L. No. 104-321) on October 19, 1996, authorizing states, including the District of Columbia, to join in the EMAC.  (Oct. 17, 2002, D.C. Law 14-194,  602, 49 DCR 5306.) 
 72332. Authority to execute Compact. The Mayor is hereby authorized to execute, on behalf of the District of Columbia, the Emergency Management Assistance Compact in the form substantially as follows:  Emergency Management Assistance Compact Article I Purpose and Authorities (a) This compact is made and entered into by and between the participating member states that enact this compact, hereinafter called party states. For the purposes of this compact, the term states is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. (b) The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor (Mayor) of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. (c) This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivision of party states during emergencies, such actions occurring outside actual declared emergency period. Mutual assistance in this compact may include the use of the states National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. Article II General Implementation (a) Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies of delivering resources to areas where emergencies exist. (b) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. (c) On behalf of the Governor (Mayor) of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. Article III Party State Responsibilities (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resources shortages, civil disorders, insurgency, or enemy attack. (2) Review party states individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (4) Assist in warning communities adjacent to or crossing the state boundaries. (5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (6) Inventory and set procedures for the interstate loan and deliver [sic] of human and material resources, together with procedures for reimbursement or forgiveness.  sic  (7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. (b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this compact shall apply only to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting partys response and a point of contact at that location. (c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. Article IV Limitations (a) Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. (b) Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state, or the Mayor of the District of Columbia, that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state(s), whichever is longer. Article V Licenses and Permits Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state, or Mayor of the District of Columbia, may prescribe by executive order or otherwise. Article VI Liability Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. Article VII Supplementary Agreements Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. Article VIII Compensation Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. Article IX Reimbursement Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provisions of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VII expenses shall not be reimbursable under this article. Article X Evacuation Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and the like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. Article XI Implementation (a) This compact shall become effective with respect to the District of Columbia immediately upon its enactment into law. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but such withdrawal shall not take effect until 30 days after the Governor of the withdrawing state, or the Mayor of the District of Columbia, has given notice in writing of such withdrawal to the Governors of all other party states (or to the Mayor of the District of Columbia). Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each party state and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. Article XII Validity This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provisions of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. Article XIII Additional Provisions Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, of [sic ] for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under  1385 of Title 18 of the United States Code . Article XIV District of Columbia Provisions (a) Absent congressional authority to the contrary, with respect to the District of Columbia, no provision of this contract shall supercede the requirements of 31 U.S.C.  1341(a)(1)(A) or of D.C. Official Code  1-204.46. (b) The District of Columbia may purchase liability insurance to ensure against debts and obligations that may be incurred as a result of its participation in any mutual aid agreement authorized by, and entered into, pursuant to this compact.  (Oct. 17, 2002, D.C. Law 14-194,  603, 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105,  49, 51 DCR 881.)  Section References This section is referenced in  7-2361.01. Effect of Amendments D.C. Law 15-105, in subsec. (b) of Article XIV, validated a previously made technical correction. Emergency Legislation  For temporary (90 days) amendment to Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  3(p) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  312 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  312 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) that grants to the Chief Procurement Office the authority, during the public health emergency, and for 90 days thereafter, to enter into an indefinite-delivery/indefinite quantity contract for PPE, sanitization and cleaning products, related equipment, or other goods or supplies in furtherance of the District's COVID-19 recovery efforts, see  202 of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).   For temporary (90 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  312 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  312 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  310 of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).  Temporary Legislation  For temporary (225 days) amendment to Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  3(p) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) Mayoral Authority Regarding Licenses and Registrations During a Public Health Emergency, see  312 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) that grants to the Chief Procurement Office the authority, during the public health emergency, and for 90 days thereafter, to enter into an indefinite-delivery/indefinite quantity contract for PPE, sanitization and cleaning products, related equipment, or other goods or supplies in furtherance of the District's COVID-19 recovery efforts, see  202 of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).   For temporary (225 days) creation of  7-2335, see  312 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 72341.01. Definitions. For the purposes of this chapter, the term: (1) Ambulance means any privately or publicly owned vehicle specially designed, constructed, modified, or equipped for use as a means for transporting patients in a medical emergency or any privately or publicly owned vehicle that is advertised, marked, or in any way held out as a vehicle for the transportation of patients in a medical emergency. The term ambulance includes vehicles capable of operation over ground, on water, and in air. (2) Competency evaluation means any written, oral, or practical examination or assessment of the knowledge or skills of an applicant for certification or re-certification as emergency medical services personnel which is pertinent to the ability of that applicant to perform the duties required of him or her. Each competency evaluation may include one or more sub-parts, including individual demonstrations and assessments of the applicants performance in actual or simulated emergency situations. (3) Emergency means the existence of circumstances in which the element of time in treating, or in transporting to medical treatment, a person who is ill, injured, wounded, or otherwise incapacitated is essential to the health or life of that person, and in which rescue operations, or competent first aid, or both may be essential to the health or life of that person. (4) Emergency medical response vehicle means a vehicle or conveyance used to respond to the scene of a medical emergency for the purpose of rendering medical assistance, including the provision of medical assistance on the scene or the transportation of patients to a health care facility or other treatment facility. The term emergency medical response vehicle includes: (A) Ambulances which operate as motor vehicles, watercraft, or aircraft; and (B) Fire engines, motor vehicles, segways, or other ground, water, or air vehicles used to transport emergency medical services personnel, supplies, or equipment to the scene of an emergency. (5) Emergency medical services agency means an entity engaged in the business or service of one or more of the following: (A) Responding to requests for emergency medical assistance; (B) Transporting patients from the scene of an emergency to a health care facility or other treatment facility; or (C) Providing medical assistance to patients on the scene of an emergency or in transit from the scene of an emergency to a health care facility or other treatment facility. (6) Emergency medical services instructor means a person engaged in the business or service of: (A) Teaching one or more courses of study or training designed to prepare interested persons for the oral, written, or practical examinations required for certification or re-certification as emergency medical services personnel; (B) Administering one or more such examinations; or (C) Both. (7) Emergency medical services personnel means a person performing the duties of providing medical assistance, medical treatment, first aid, or lifesaving interventions, on the scene of an emergency or in transit from the scene of an emergency to a health care facility or other treatment facility, to a person who is ill, injured, wounded, or otherwise incapacitated. The term emergency medical services personnel includes persons otherwise classified as certified first responders, emergency medical technicians, basic, intermediate, or advanced emergency medical technicians, and paramedics. (8) Emergency medical services training facility means an institution or entity engaged in the business or service of providing one or more courses of study or training designed to prepare interested persons for the oral, written, or practical examinations required for certification or re-certification as emergency medical services personnel. (9) Flight emergency medical services personnel means a person performing the duties of providing medical assistance, medical treatment, first aid, or lifesaving interventions, in airborne transit from the scene of an emergency to a health care facility or other treatment facility, or in airborne transit between facilities, to a person who is ill, injured, wounded, or otherwise incapacitated. The term flight emergency medical services personnel includes persons otherwise classified as emergency medical services personnel by this chapter, as well as nurses, respiratory therapists, physician assistants, and physicians. (10) Health care facility means a hospital, maternity center, ambulatory surgical facility, or hospice, as defined in subchapter I of Chapter 5 of Title 44 [ 44-501 et seq.]. (11) Medical control system means a system wherein the direct clinical instructions given to emergency medical services personnel in the field are given by physicians in a designated hospital or medical resource center. (12) Mutual aid means an agreement whereby the District of Columbia requests the assistance of an outside entity to provide supplemental or specialized emergency medical services in an emergent situation, pursuant to established protocols. (13) Qualified health care professional means a person licensed and qualified in accordance with Chapter 12 of Title 3 [ 3-1201.01 et seq.] and with rules promulgated pursuant to that chapter, to engage in the act of prescribing and of rendering medical care and advice under the circumstances presented. (14) Treatment facility means an urgent care center, treatment center, clinic, or other facility or office at which medical or psychological services are performed, and which has been designated by the Mayor as a facility authorized to receive patients transported by emergency medical services entities or personnel.  (Mar. 25, 2009, D.C. Law 17-357,  2, 56 DCR 1167.)  Delegation of Authority Delegation of Authority pursuant to D.C. Law 17-357, the Emergency Medical Services Act of 2008, see Mayors Order 2009-89, June 1, 2009 ( 56 DCR 6831).
 72341.02. Applicability and exemptions. (a) Except as otherwise provided in this chapter, this chapter shall apply to every: (1) Person performing the duties of emergency services personnel, compensated or uncompensated, within the District of Columbia; (2) Entity providing emergency medical services within the District of Columbia, public or private, for-profit or not-for-profit, including owners or operators of emergency medical services agencies and owners or operators of emergency medical response vehicles; and (3) Person and entity providing emergency medical services training and instruction, public or private, for-profit or not-for-profit, within the District of Columbia. (b) The provisions of this chapter shall not apply to the following: (1) The unexpected rendering of immediate care by a private citizen, or the unexpected use of a privately owned vehicle which is not ordinarily used in the business of transporting persons who are sick, injured, wounded, or otherwise incapacitated or helpless, in the performance of a lifesaving act; (2) Agencies, vehicles, or training facilities owned or operated by the United States government and operating on federal property; (3) Agencies operating within the District of Columbia pursuant to mutual aid agreements; (4) Validly licensed or certified emergency medical response vehicles based outside the District which do not otherwise constitute public vehicles for hire; and (5) Validly licensed vehicles operated solely for the transportation of non-emergency patients to and from treatment facilities as outpatients; provided, that this exemption shall not apply to any vehicle which is in any way held out as an emergency medical response vehicle. (c) The Mayor shall establish rules to ensure that emergency medical response vehicles and emergency medical services personnel based outside of the District, but receiving patients within the District for transport to a location within the District, shall meet the substantive standards of this chapter and of rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  3, 56 DCR 1167.)  Emergency Legislation  For temporary (90 days) For temporary (90 days) creation of  7-2341.02a, see  3 of D.C. Act 24-245, see  3 of Preserve Our Healthcare Workforce Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-245, Dec. 24, 2021, 68 DCR 013514).   For temporary (90 days) For temporary (90 days) creation of  7-2341.02a, see  3 of D.C. Act 24-189, see  3 of Preserve Our Healthcare Workforce Emergency Amendment Act of 2021 (D.C. Act 24-189, Sept. 22, 2021, 68 DCR 011343).  Temporary Legislation  For temporary (225 days) For temporary (225 days) creation of  7-2341.02a, see  3 of D.C. Law 24-59, see  3 of Preserve Our Healthcare Workforce Temporary Amendment Act of 2021 (D.C. Law 24-59, Feb. 18, 2022, 68 DCR 013496). 
 72341.03. Emergency medical services agencies: license required. (a) Except as otherwise provided in this chapter, no person or entity shall operate an emergency medical services agency in the District, whether public or private, for-profit or not-for-profit, without first having obtained a license from the Mayor to do so. (b) Unless otherwise specified, all provisions of this chapter, including those contained within this section, shall apply to any entity of the District government engaging or seeking to engage in the operation of an emergency medical services agency in the District, except that such entity shall be required to obtain a certification from the Mayor in lieu of a license. (c) An applicant for a license to operate an emergency medical services agency shall establish to the satisfaction of the Mayor that the agency meets all requirements set forth in this chapter and in rules promulgated pursuant to this chapter. (d) An applicant for a license shall: (1) Submit an application to the Mayor on a form approved by the Mayor; (2) Submit supporting documentation as required by the Mayor, including all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District of Columbia; and (3) Pay the applicable fee established by the Mayor through rulemaking, except that no license fee shall be required of any emergency medical services agency operated by the District government. (e) A license to operate an emergency medical services agency shall be issued for a period of time not to exceed 2 years. (f) A license to operate an emergency medical services agency shall be valid only for the persons and premises named as applicants in the application. Any change in the ownership of an agency owned by an individual, partnership, or association, or in the legal or beneficial ownership of 25% or more of the stock of a corporation that owns or operates an agency, shall require re-licensure. (g) An emergency medical services agency shall have a medical director. Except as provided in  5-401, 5-402, 5-404, 5-404.01, and 5-407, an emergency medical services agency shall have as its medical director a physician licensed to practice medicine in the District of Columbia. The medical director shall have responsibility for medical oversight of all operations of the agency. (h) Each person performing the duties of emergency medical services personnel while employed by or otherwise affiliated with an emergency medical services agency shall practice under the licensure authority of the agencys medical director as granted pursuant to Chapter 12 of Title 3 [ 3-1201.01 et seq.] except when directed by another physician or other qualified health care professional as part of the District of Columbias established medical control system.  (Mar. 25, 2009, D.C. Law 17-357,  4, 56 DCR 1167.) 
 72341.04. Emergency medical response vehicles: license or certification required. (a) Except as otherwise provided in this chapter, no ambulance or other emergency medical response vehicle intended to transport patients may be operated in the District without a currently valid license having been issued by the Mayor for that vehicle and for its use as an emergency medical response vehicle. (b) Except as otherwise provided in this chapter, no vehicle or other conveyance may be operated as an emergency medical response vehicle not intended to transport patients in the District without a currently valid certification having been issued by the Mayor for the emergency medical response equipment and supplies contained therein. (c) An applicant for a license or certification to operate an emergency medical response vehicle shall establish to the satisfaction of the Mayor that the vehicle, including its emergency medical response equipment and supplies, meets all applicable requirements set forth in this chapter and in rules promulgated pursuant to this chapter. (d) An applicant for a license or certification shall: (1) Submit an application to the Mayor on a form approved by the Mayor; (2) Submit supporting documentation as required by the Mayor, including all certificates of approval, authority, motor vehicle registration, or need that are required as a precondition to lawful operation in the District of Columbia; and (3) Pay the applicable fee established by the Mayor through rulemaking, except that no license or certification fee shall be required for any emergency medical response vehicle operated by the District government. (e) No license for an emergency medical response vehicle intended to transport patients shall be issued unless the Mayor finds that the vehicle is, and will be at all times when in such use, in compliance with all applicable laws and ordinances relating to health, sanitation, and safety. (f) No ground emergency medical response vehicle shall be operated to transport patients in the District unless it is staffed by at least 2 persons, each of whom is certified pursuant to this chapter and to rules promulgated pursuant to this chapter at a level equal to or greater than a basic emergency medical technician. (g) No air or water emergency medical response vehicle shall be operated to transport patients in the District unless it is staffed by at least 2 persons, one of whom is a validly licensed pilot and the other of whom is certified pursuant to this chapter and to rules promulgated pursuant to this chapter at a level equal to or greater than an intermediate emergency medical technician or a paramedic. (h) A license or certification for the operation of an emergency medical response vehicle shall be issued for a period of time not to exceed one year. (i) A license or certification for the operation of an emergency medical response vehicle shall be valid only for the persons and vehicle named as applicants in the application. No emergency medical response vehicle license or certification shall be sold, transferred, or assigned without the approval of the Mayor. Approval may be granted only upon a demonstration that the vehicle and its operation will conform to all licensing or certification requirements set forth in this chapter and in rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  5, 56 DCR 1167.) 
 72341.05. Emergency medical services personnel: certification required. (a) Except as otherwise provided in this chapter, no person shall perform the duties of emergency medical services personnel in the District, whether for compensation or not for compensation, without first having obtained a certification from the Mayor to do so. (b) Except as otherwise provided in this chapter, no person possessing a certification to perform the duties of emergency medical services personnel shall perform the duties of emergency medical services personnel in the District, whether for compensation or not for compensation, at a higher classification level than that at which he or she has been certified. (c) An applicant for certification as emergency medical services personnel shall establish to the satisfaction of the Mayor that he or she meets all applicable requirements set forth in this chapter and in rules promulgated pursuant to this chapter. (d) An applicant for certification shall: (1) Submit an application to the Mayor on a form approved by the Mayor; (2) Submit supporting documentation as required by the Mayor, including proof of required education, training, competency evaluation, physical and mental health, and criminal history; and (3) Pay the applicable fee established by the Mayor through rulemaking; provided, that nothing in this section shall prohibit a private entity or government agency from paying the application fee on behalf of a current or prospective employee. (e) An emergency medical services personnel certification shall be issued for a period of time not to exceed 2 years. (f) An emergency medical services personnel certification shall be valid only for the person named as applicant in the application. No emergency medical services personnel certification may be sold, assigned, or transferred. (g) The Mayor shall adopt classifications of emergency medical services personnel, including permissible scopes of performance and certification requirements for each such classification. The Mayor may adopt nationally recognized standards or develop standards specific to the emergency medical services needs of the District of Columbia. (h) The Mayor shall require each applicant for emergency medical services personnel certification to successfully complete one or more competency evaluations, demonstrating both theoretical and practical knowledge of the skills required for acceptable performance of the duties of that classification of personnel. The Mayor may adopt nationally recognized evaluations or develop evaluations specific to the emergency medical services needs of the District of Columbia. (i) A person possessing an emergency medical services personnel certification shall be recertified, no less than once every 2 years, to continue performing the duties of emergency medical services personnel. (j) The Mayor shall require each applicant for emergency medical services personnel recertification to successfully complete continuing professional education or supplemental training or to successfully complete one or more competency evaluations demonstrating knowledge of the skills required for acceptable performance of the duties of that classification of personnel. The Mayor may adopt nationally recognized training requirements and evaluations or develop requirements and evaluations specific to the emergency medical services needs of the District of Columbia.  (Mar. 25, 2009, D.C. Law 17-357,  6, 56 DCR 1167.) 
 72341.06. Flight emergency medical services personnel: certification required. (a) Except as otherwise provided in this chapter, no person shall perform the duties of flight emergency medical services personnel in the District, whether for compensation or not for compensation, without first having obtained a certification from the Mayor to do so. (b) An applicant for certification as flight emergency medical services personnel shall be certified as emergency medical services personnel pursuant to this chapter, or shall be licensed pursuant to Chapter 12 of Title 3 [ 3-1201.01 et seq.], in addition to obtaining special certification from the Mayor to perform his or her duties in an airborne setting. (c) An applicant for certification as flight emergency medical services personnel shall establish to the satisfaction of the Mayor that he or she meets all applicable requirements set forth in this chapter and in rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  7, 56 DCR 1167.) 
 72341.07. Emergency medical services training facilities: certification required. (a) Except as otherwise provided in this chapter, no person or entity shall operate an emergency medical services training facility in the District, whether public or private, for-profit or not-for-profit, without first having obtained a certification from the Mayor to do so. (b) An applicant for a certification to operate an emergency medical services training facility shall establish to the satisfaction of the Mayor that the facility meets all requirements set forth in this chapter and in rules promulgated pursuant to this chapter. (c) An applicant for a certification shall: (1) Submit an application to the Mayor on a form approved by the Mayor; (2) Submit supporting documentation as required by the Mayor, including all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District of Columbia; and (3) Pay the applicable fee established by the Mayor through rulemaking, except that no certification fee shall be required of any emergency medical services training facility operated by the District government. (d) A certification to operate an emergency medical services training facility shall be issued for a period of time not to exceed 2 years. (e) A certification to operate an emergency medical services training facility shall be valid only for the persons and premises named as applicants in the application. Any change in the ownership of a facility owned by an individual, partnership, or association, or in the legal or beneficial ownership of 25% or more of the stock of a corporation that owns or operates a facility, shall require recertification. (f) An emergency medical services training facility shall conform to curriculum and competency evaluation standards as developed by the Mayor. The Mayor may adopt nationally recognized standards or develop standards specific to the emergency medical services needs of the District of Columbia. (g) An emergency medical services training facility shall have a medical director. Except as provided in  5-401, 5-402, 5-404, 5-404.01, and 5-407, an emergency medical services training facility shall have as its medical director a physician licensed to practice medicine in the District of Columbia. The medical director shall have responsibility for medical oversight of all operations of the facility.  (Mar. 25, 2009, D.C. Law 17-357,  8, 56 DCR 1167.) 
 72341.08. Emergency medical services instructors: certification required. (a) Except as otherwise provided in this chapter, no person shall perform the duties of an emergency medical services instructor in the District, whether for compensation or not for compensation, without first having obtained a certification from the Mayor to do so. (b) No person may obtain certification as an instructor for a classification of emergency medical services personnel without first having been certified pursuant to this chapter as emergency medical services personnel at an equal or higher classification, or having been licensed pursuant to Chapter 12 of Title 3 [ 3-1201.01 et seq.] as a health care professional with a greater scope of practice. Each instructor shall maintain the requisite provider certification, as specified in this section, in good standing throughout his or her period of instructor certification. (c) An applicant for certification as an emergency medical services instructor shall establish to the satisfaction of the Mayor that he or she meets all applicable requirements set forth in this chapter and in rules promulgated pursuant to this chapter. (d) An applicant for certification shall: (1) Submit an application to the Mayor on a form approved by the Mayor; (2) Submit supporting documentation as required by the Mayor, including proof of required education, training, and competency evaluation; and (3) Pay the applicable fee established by the Mayor through rulemaking; provided, that nothing in this section shall prohibit a private entity or government agency from paying the application fee on behalf of a current or prospective employee. (e) An emergency medical services instructor certification shall be issued for a period of time not to exceed 2 years. (f) An emergency medical services instructor certification shall be valid only for the person named as applicant in the application. No emergency medical services instructor certification may be sold, assigned, or transferred. (g) The Mayor shall require each applicant for emergency medical services instructor certification to successfully complete one or more competency evaluations, demonstrating both theoretical and practical knowledge of the skills required for acceptable performance of the duties of instruction. In addition, the Mayor may require each applicant to successfully complete one or more emergency medical services instructor courses. The Mayor may adopt nationally recognized evaluations and courses or develop evaluations and courses specific to the emergency medical services needs of the District of Columbia. (h) A person possessing an emergency medical services instructor certification shall be recertified, no less than once every 2 years, to continue performing the duties of emergency medical services instruction. (i) The Mayor shall require each applicant for emergency medical services instructor recertification to successfully complete continuing professional education or supplemental training or to successfully complete one or more competency evaluations demonstrating knowledge of the skills required for acceptable performance of the duties of instruction. The Mayor may adopt nationally recognized training requirements and evaluations or develop requirements and evaluations specific to the emergency medical services needs of the District of Columbia.  (Mar. 25, 2009, D.C. Law 17-357,  9, 56 DCR 1167.) 
 72341.09. Liability insurance required for vehicles, facilities, and agencies. (a) No license shall be issued pursuant to this chapter to any emergency medical response vehicle used to transport patients unless there is, at all times in force and effect, insurance coverage for the vehicle, issued by an insurance company or companies licensed to do business in the District, providing for the payment of damages for the following: (1) Bodily injury to, or death of, individuals in accidents resulting from any cause for which the owner of the vehicle would be liable, regardless of whether the vehicle was being operated by the owner or by his or her agent; and (2) Loss of, or damage to, the property of another, including personal property, under similar circumstances. (b) No certification shall be issued pursuant to this chapter to any emergency medical services training facility, on the premises of which training instruction or evaluation is conducted, unless there is, at all times in force and effect, insurance coverage for the facility premises, issued by an insurance company or companies licensed to do business in the District, providing for the payment of damages for bodily injury, death, and damage to or loss of personal property, for any reason for which the owner or operator of the premises would be liable. (c) No license shall be issued pursuant to this chapter to any emergency medical services agency unless there is, in addition to vehicle and premises coverage as specified herein, at all times in force and effect, incidental malpractice insurance coverage specific to the duties of a medical director. (d) The provisions of this section shall not apply to vehicles, facilities, and agencies owned and operated by agencies of the District government. (e) The Mayor shall promulgate rules further specifying the insurance to be required of all vehicles, facilities, and agencies licensed or certified pursuant to this chapter. (f) The cancellation or other termination of any insurance policy required pursuant to this section shall be grounds for immediate termination of the licenses or certifications issued for the vehicles, facilities, and agencies covered by the policy, unless another insurance policy complying with the provisions of this section has been obtained and is in effect at the time of the cancellation or termination.  (Mar. 25, 2009, D.C. Law 17-357,  10, 56 DCR 1167.) 
 72341.10. Provisional and restricted licenses and certifications. (a) The Mayor may issue provisional licenses or certifications to new emergency medical services agencies or training facilities to afford the Mayor sufficient time and evidence to evaluate whether a new agency or facility is capable of complying with the provisions of this chapter, rules promulgated pursuant to this chapter, and other applicable provisions of law. (b) As an alternative to denial, nonrenewal, suspension, or revocation of a license or certification, when an agency, facility, or vehicle is not in substantial compliance with the provisions of this chapter, rules promulgated pursuant to this chapter, or other applicable provisions of law, and when the Mayor finds that the public interest would be served thereby, the Mayor may: (1) Issue a provisional license or certification, if the owner or operator of the agency, facility, or vehicle is taking appropriate ameliorative action in accordance with an agreed-upon timetable; or (2) Issue a restricted license or certification that prohibits the agency, facility, or vehicle from accepting new patients or students, or from delivering certain specified services that it would otherwise be authorized to deliver, until appropriate ameliorative action is taken. (c) The Mayor may issue provisional certifications to emergency medical services personnel who do not fully meet the requirements specified in this chapter or in rules promulgated pursuant to this chapter if the Mayor finds that the public interest would be served thereby. (d) Provisional licenses or certifications issued pursuant to this section may be granted for a period of time up to and including 180 days, and may be renewed no more than once.  (Mar. 25, 2009, D.C. Law 17-357,  11, 56 DCR 1167.) 
 72341.11. Licenses and certifications issued pursuant to prior authority. Except as otherwise provided in this chapter, any emergency medical services agency, ambulance or other emergency medical response vehicle, emergency medical technician or paramedic, emergency medical services instructor or preceptor, or emergency medical services training facility currently licensed or certified pursuant to the Regulation to Establish Standards for Ambulances and Medical Personnel and to Provide for their Certification, enacted December 13, 1972 (Reg. 72-29; 29 DCMR  500 et seq.) (Ambulance and Medical Personnel Regulation), as amended, shall be considered licensed or certified pursuant to this chapter, and shall be subject to the renewal requirements established by this chapter and by rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  12, 56 DCR 1167.) 
 72341.12. Reciprocity for emergency medical services personnel certified in other jurisdictions. (a) The Mayor may grant provisional certification, at the equivalent classification level, to any individual possessing a current valid emergency medical services personnel credential issued by any state or United States territory. (b) The provisional certification issued pursuant to this section shall be effective for a period not to exceed 90 days. (c) The Mayor may fully certify the individual as emergency medical services personnel in the District of Columbia, at the appropriate classification level, upon verification from the state or territory originally granting certification that the individual has successfully completed training and competency evaluation equivalent to that required by the Mayor by this chapter and by rules promulgated pursuant to this chapter, or upon the successful completion by the individual of the Districts competency evaluation at the appropriate classification level.  (Mar. 25, 2009, D.C. Law 17-357,  13, 56 DCR 1167.) 
 72341.13. Powers and duties of the Mayor. (a) To ensure compliance with the provisions of this chapter and of any rules promulgated pursuant to this chapter, the Mayor, or any duly authorized designee, shall be permitted at reasonable times to conduct an inspection of any agency, vehicle, or training facility, or to conduct a competency evaluation of any person, licensed or certified pursuant to this chapter or for which a licensure or certification application has been filed. (b) In the alternative or in addition to conducting an inspection or evaluation, the Mayor, or any duly authorized designee, shall be permitted to demand the production of all records relating to the operation of any agency, vehicle, or training facility, or to the performance of duties by any person, licensed or certified pursuant to this chapter or for which a licensure or certification application has been filed. (c) To ensure compliance with the provisions of this chapter and of any rules promulgated pursuant to this chapter, the Mayor may conduct investigations, as needed, and may administer oaths, examine witnesses, and issue subpoenas to compel the attendance and testimony of witnesses or the production of books, records, or other documents. In case of contempt or refusal to obey a subpoena, the Superior Court of the District of Columbia, at the request of the Mayor, shall issue an order requiring the person to appear and testify or to produce books, papers, or other evidence bearing on the investigation. Failure to obey the courts order shall be punishable as contempt of court. (d) The Mayor shall maintain and make available to the public information concerning: (1) Application, licensure, and renewal requirements and procedures; (2) An official register of licensed or certified emergency medical services agencies and emergency medical services training facilities; and (3) Trauma and emergency care data as required by this chapter and by rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  14, 56 DCR 1167.) 
 72341.14. License and certification renewal. (a) An application for renewal of a license or certification shall be submitted to the Mayor no later than 90 days before expiration of the license or certification, on a form approved by the Mayor, accompanied by the appropriate renewal fee established by the Mayor through rulemaking. An application for renewal submitted later than 90 days before expiration shall be subject to a late fee. (b) A license or certification issued pursuant to this chapter for which timely renewal application is made shall continue in force beyond the expiration date until the Mayor acts on the renewal application.  (Mar. 25, 2009, D.C. Law 17-357,  15, 56 DCR 1167.) 
 72341.15. Denial, suspension, and revocation of license or certification. (a) The Mayor, subject to the right to a hearing as provided in  7-2341.17, may deny issuance of, deny renewal of, suspend, or revoke a license or certification to operate an emergency medical services agency, an emergency medical response vehicle, or an emergency medical services training facility to a person or entity which is found to have: (1) Failed to comply with the applicable provisions of this chapter or of rules promulgated pursuant to this chapter; (2) Failed to comply with any other federal or District law applicable to the operation of an emergency medical services agency, an emergency medical response vehicle, or an emergency medical services training facility; or (3) Committed, aided, abetted, or permitted to be committed any chapter of dishonesty, fraud, gross negligence, abuse, assault, or other illegal act related to the operation of the agency, vehicle, or facility. (b) The Mayor, subject to the right to a hearing as provided in  7-2341.17, may deny issuance of, deny renewal of, suspend, or revoke a certification to perform the duties of emergency medical services personnel or of an emergency medical services instructor to an individual who is found to have: (1) Failed to comply with the applicable provisions of this chapter or of rules promulgated pursuant to this chapter; (2) Failed to comply with any other federal or District law applicable to the duties of emergency medical services personnel or an emergency medical services instructor; (3) Filed a false document or made a false statement to the government regarding his or her qualifications for the emergency medical services personnel or instructor position; (4) Committed, aided, abetted, or permitted to be committed any act of dishonesty, fraud, gross negligence, abuse, assault, or other illegal act related to the performance of his or her duties; or (5) Committed, aided, abetted, or permitted to be committed repeated acts of malfeasance, negligence, or dereliction of duty, or any act of malfeasance, negligence, or dereliction of duty resulting in demonstrable harm to a patient, related to the performance of his or her duties. (c) Upon suspension, revocation, or termination of a license or certification to operate an emergency medical services agency, emergency medical response vehicle, or emergency medical services training facility, the owner or operator of the agency, vehicle, or facility so certified shall immediately surrender the license or certification, and the agency, vehicle, or facility shall immediately cease emergency medical services operations. In the case of a vehicle used to transport patients, no person or entity shall permit the vehicle to be used for that purpose. (d) Upon suspension, revocation, or termination of a certification to perform the duties of emergency medical services personnel or an emergency medical services instructor, the individual so certified shall immediately surrender his or her certification, and shall immediately cease to perform emergency medical services or instruction duties. No person, entity, or government agency shall employ the individual, or permit the individual to act, in that capacity.  (Mar. 25, 2009, D.C. Law 17-357,  16, 56 DCR 1167.) 
 72341.16. Summary suspension. (a) If, after an investigation, the Mayor determines that an agency, vehicle, person, or facility licensed or certified pursuant to this chapter has failed to comply with the provisions of this chapter, or with rules promulgated pursuant to this chapter, in such a manner as to present an imminent danger to the health, safety, or welfare of any person or of the general public, the Mayor may summarily suspend the license or certification prior to a hearing. (b) The Mayor shall provide as soon as possible the person, or the owner or operator of the agency, vehicle, or facility, licensed or certified with written notice of the summary suspension. The notice shall inform the affected person or entity of the reason for the suspension and of the right to request a hearing. (c) The person, or owner or operator of the agency, vehicle, or facility, shall have 5 business days after service of the notice of summary suspension in which to request a hearing to challenge the summary suspension. If requested, the hearing shall be conducted by the Office of Administrative Hearings. A hearing shall be held within 5 business days of a timely request, and a decision shall be issued within 5 business days after the record is closed.  (Mar. 25, 2009, D.C. Law 17-357,  17, 56 DCR 1167.)  Section References This section is referenced in  7-2341.17.
 72341.17. Hearings. (a) Except in the case of a summary suspension as provided in  7-2341.16, before the Mayor denies an application for initial or renewal licensure or certification, or suspends or revokes a license or certification, or imposes a civil fine, the Mayor shall give the person, or the owner or operator of the agency, vehicle, or facility, against whom the action is contemplated written notice of the contemplated action. The notice must inform the affected person or entity of the reason for the action and of the right to request a hearing. (b) If requested, the hearing shall be conducted by the Office of Administrative Hearings.  (Mar. 25, 2009, D.C. Law 17-357,  18, 56 DCR 1167.)  Section References This section is referenced in  7-2341.15.
 72341.18. Judicial review. A person or entity aggrieved by a decision of the Office of Administrative Hearings may appeal the decision to the District of Columbia Court of Appeals in accordance with Chapter 5 of Title 2 [ 2-501 et seq.] and pursuant to Chapter 18A of Title 2 [ 2-1831.01 et seq.].  (Mar. 25, 2009, D.C. Law 17-357,  19, 56 DCR 1167; Sept. 26, 2012, D.C. Law 19-171,  56(a), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 deleted the comma preceding in and the comma preceding and.
 72341.19. Trauma care system. (a) The Mayor shall establish criteria for the designation of, and shall designate, one or more hospitals within the District of Columbia as specialized trauma care facilities. (b) The Mayor may establish criteria for the designation of, and may designate, one or more hospitals within the District of Columbia as specialized care facilities for other types of commonly occurring medical emergencies. (c) The Mayor may establish and maintain a database of information regarding trauma and emergency medical care services provided within the District of Columbia. All hospitals, health care facilities, and treatment facilities receiving emergency medical care patients, and all entities providing emergency medical care services, shall provide data to the Mayor as specified in rulemaking promulgated pursuant to this chapter. (d) To the extent that trauma and emergency medical care records compiled and maintained by the Mayor, hospitals, other health care facilities, treatment facilities, or emergency medical services providers in connection with the trauma and emergency medical care information system pursuant to this chapter contain patient identifiable data, that data shall be maintained pursuant to applicable privacy laws.  (Mar. 25, 2009, D.C. Law 17-357,  20, 56 DCR 1167.) 
 72341.20. Advertising. (a) No person, entity, or government agency shall advertise or disseminate information to the public that it offers ambulance service, unless that service is provided by persons certified pursuant to this chapter and to rules promulgated pursuant to this chapter at a level equal to or greater than a basic emergency medical technician. (b) No person, entity, or government agency shall advertise or disseminate information to the public that it offers emergency medical services training, unless that training is provided by persons certified as emergency medical services instructors pursuant to this chapter and to rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  21, 56 DCR 1167.) 
 72341.21. Emergency medical services for children. The Mayor shall establish, in collaboration with a licensed hospital within the District of Columbia specializing in pediatric care, a program of emergency medical services for children. The purpose of this program shall be to continue, to the extent that funds are made available through federal government grants, District appropriated funds, or private sources, the operation and development of programs designed to improve the emergency medical care provided to children within the District of Columbia.  (Mar. 25, 2009, D.C. Law 17-357,  22, 56 DCR 1167.) 
 72341.22. Establishment of District of Columbia Emergency Medical Services Advisory Committee. (a) There is established a District of Columbia Emergency Medical Services Advisory Committee (EMSAC). (b) EMSAC shall advise the Mayor, the Chief and the Medical Director of the Fire and Emergency Medical Services Department, the Director of the Department of Health, the Director of the Department of Mental Health, and the Director of the Homeland Security Emergency Management Agency regarding issues related to emergency medical services in the District of Columbia. (c) EMSAC shall perform the following functions: (1) Advise on the best practices in emergency medical services across the United States to assist in establishing performance goals for emergency medical services in the District; (2) Recommend standards, or revisions to existing standards, to be applied to the delivery of emergency medical services in accordance with the appropriate District, federal, and Washington regional statutes, rules, regulations, and inter-jurisdictional agreements; (3) Advise on the development of a program of public information and education with respect to emergency medical services; (4) Advise on the development of an emergency medical data collection system for the District, and on the categorization of emergency facilities and services; (5) Advise on the coordination of District emergency medical services with those emergency medical service activities and projects coordinated through the Metropolitan Washington Council of Governments; (6) Provide biennial comments on the operations of emergency medical services in the District; and (7) Undertake other duties as assigned by the Mayor, or his or her designee. (d) EMSAC shall be comprised of 17 members, 11 of whom shall be voting members appointed by the Mayor, and shall include: (1) Voting members: (A) Two representatives of hospitals, including trauma centers, located in the District; (B) One representative of a professional medical organization concerned with emergency medical services; (C) One representative of a professional health organization, or institution, concerned with emergency health services; (D) One representative of labor organizations representing emergency medical services personnel; (E) One representative concerned with pediatric trauma care; (E) One representative of a commercial ambulance service; and (F) Four community representatives, including at least one person representing each of the following: (i) Seniors or elders; (ii) Persons with disabilities; (iii) The Latino community; and (iv) The lesbian, gay, bisexual, transgender, and questioning community. (2) The 6 non-voting, ex officio members shall be: (A) The Director of the Department of Health, or his or her designee; (B) The Director of the Fire and Emergency Medical Services Department, or his or her designee; (C) The Director of the Department of Mental Health, or his or her designee; (D) The Director of the Homeland Security and Emergency Management Agency, or his or her designee; (E) The Director of the Department of Human Services, or his or her designee; and (F) The Mayors Policy Advisor on Health and Human Services. (3) Members of EMSAC shall serve without compensation.  (Mar. 25, 2009, D.C. Law 17-357,  23, 56 DCR 1167; Oct. 22, 2015, D.C. Law 21-36,  1024, 62 DCR 10905.)  Effect of Amendments The 2015 amendment by D.C. Law 21-36 substituted lesbian, gay, bisexual, transgender, and questioning community for Gay, Lesbian, Bisexual and Transgender community in (d)(1)(F)(iv). Emergency Legislation For temporary (90 days) amendment of this section, see  1024 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
 72341.23. Rulemaking. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including: (1) Minimum standards of operation of an emergency medical services agency, including: (A) Medical director and staff qualifications and responsibilities; (B) Premises and equipment standards; (C) Hours and scope of operation; (D) Safety and health standards; and (E) Record keeping and reporting requirements; (2) Minimum standards of operation of an emergency medical response vehicle, including: (A) Operator and attendant qualifications; (B) Vehicle, equipment, and supplies requirements; (C) Safety and health standards; and (D) Record keeping and reporting requirements; (3) Minimum standards of qualification and performance for emergency medical services personnel at each classification level, including: (A) Permissible scope of practice and practice settings; (B) Education and training; (C) Competency evaluations; (D) Health requirements; (E) Character standards; and (F) Recertification requirements; (4) Minimum standards of qualification and performance for emergency medical services instructors, including: (A) Education and training; (B) Competency evaluations; and (C) Recertification requirements; (5) Minimum standards of operation of an emergency medical services training facility, including: (A) Premises and equipment standards; (B) Director and instructor qualifications and responsibilities; (C) Curricula and course contents; (D) Competency evaluations; and (E) Record keeping and reporting requirements; (6) Licensure and certification application, issuance, and renewal procedures; (7) Grounds and procedures for denial, non-renewal, suspension, and revocation of a license or certification; (8) Standards and requirements for the operation of a 24-hour emergency response vehicle service; (9) Minimum standards and criteria for the designation of specialized trauma care facilities, and for the designation of other specialized emergency medical care facilities as considered warranted by the Mayor; (10) Standards and criteria for emergency medical care data collection; (11) Encouraging health-care facilities, including long-term care and assisted living facilities, to provide or procure inter-facility transport services independent of the 911 emergency system for their non-emergent needs; provided, that this does not limit the authority of the Medical Director of the Fire and Emergency Medical Services Department pursuant to  5-401, 5-402, 5-404, 5-404.01, and 5-407; and (12) The establishment of a fee schedule to recover the costs of regulating emergency medical services agencies, emergency medical response vehicles, emergency medical services personnel, and emergency medical services training facilities and instructors pursuant to this chapter. (b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.  (Mar. 25, 2009, D.C. Law 17-357,  24, 56 DCR 1167.) 
 72341.24. Criminal and civil penalties. (a) Any person or entity who violates any provision of this chapter shall, upon conviction, be subject to imprisonment not to exceed 180 days, a fine not to exceed $1,000, or both. Each unlawful act shall constitute a separate violation. (b) Any person or entity who has been previously convicted pursuant to this chapter shall, upon conviction for a subsequent violation, be subject to imprisonment not to exceed one year, a fine not to exceed $5,000, or both. (c) Civil fines and penalties may be imposed as alternative sanctions for any violations of the provisions of this chapter or of rules promulgated under the authority of this chapter, pursuant to Chapter 18 of Title 2 [ 2-1801.01 et seq.]. The adjudication of any infraction shall be conducted by the Office of Administrative Hearings pursuant to Chapter 18A of Title 2 [ 2-1831.01 et seq.], Chapter 18 of Title 2 [ 2-1801.01 et seq.], and rules promulgated pursuant to those chapters.  (Mar. 25, 2009, D.C. Law 17-357,  25, 56 DCR 1167; Sept. 26, 2012, D.C. Law 19-171,  56(b), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171, in (c), deleted a comma following Hearings and substituted pursuant to Chapter 18A of Title 2, Chapter 18 of Title 2, and rules promulgated for pursuant to Chapter 18A of Title 2, and to Chapter 18 of Title 2, and to rules promulgated in the second sentence.
 72341.25. Prosecutions. (a) Criminal prosecutions for violations of this chapter shall be brought by the Attorney General for the District of Columbia in the name of the District of Columbia. (b) In any prosecution initiated pursuant to this chapter, a person or entity claiming an exemption from a licensing or certification requirement of this chapter shall have the burden of proving entitlement to the exemption.  (Mar. 25, 2009, D.C. Law 17-357,  26, 56 DCR 1167.) 
 72341.26. Injunctions. (a) The Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia, in the name of the District of Columbia, to enjoin any violation of this chapter. (b) The remedy established by this section shall be in addition to criminal sanctions, civil sanctions, and disciplinary action initiated by the Mayor. (c) In any proceeding brought pursuant to this section, it shall not be necessary to prove that any person has been injured by the violation alleged.  (Mar. 25, 2009, D.C. Law 17-357,  27, 56 DCR 1167.) 
 72341.27. Repeal of existing regulations. (a) To the extent not explicitly superseded by the provisions of this chapter, the Ambulance and Medical Personnel Regulation (29 DCMR  500 et seq.) shall remain in effect until superseded by rules promulgated by the Mayor pursuant to the authority of this chapter. Upon the effective date of rules promulgated pursuant to this chapter, each superseded portion of the Ambulance and Medical Personnel Regulation shall be deemed repealed. (b) The Adult Trauma Care rules (22 DCMR  2700 et seq.) and the Pediatric Trauma care rules (22 DCMR  2800 et seq.) shall remain in effect until superseded by new trauma care rules promulgated pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  28, 56 DCR 1167.) 
 72341.28. Pending actions and proceedings; existing orders. (a) No judicial or administrative proceeding commenced by or against any emergency medical services agency, emergency medical response vehicle owner or operator, emergency medical services training facility or instructor, emergency medical technician, or paramedic shall abate by reason of the taking effect of this chapter. Each such action or proceeding shall be continued with substitution as to parties and government agencies as appropriate. (b) All decisions issued pursuant to the Ambulance and Medical Personnel Regulation (29 DCMR  500 et seq.) shall continue in effect until modified, rescinded, or superseded by regulations issued pursuant to this chapter.  (Mar. 25, 2009, D.C. Law 17-357,  29, 56 DCR 1167.) 
 72341.29. Applicability. This chapter shall apply 90 days after March 25, 2009.  (Mar. 25, 2009, D.C. Law 17-357,  30, 56 DCR 1167.) 
 72361.01. Definitions. For the purposes of this chapter, the term: (1) Disaster relief organization means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that: (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Mayor; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government or the Mayor. (2) Emergency means an event or condition that is a public emergency, as defined by  7-2301(3). (3) Emergency declaration means a declaration of emergency issued by a person authorized to do so under the laws of the District. (4) Emergency Management Assistance Compact means the interstate compact approved by Congress by the Joint Resolution Granting the consent of Congress to the Emergency Management Assistance Compact, approved October 19, 1996 (Pub. L. No. 104-321; 110 Stat. 3877) [see also D.C. Code  7-2332]. (5) Entity means a person other than an individual. (6) Health facility means an entity licensed under the laws of this or another state to provide health or veterinary services. (7) Health practitioner means an individual licensed under the laws of this or another state to provide health or veterinary services. (8) Health services means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals, or human populations, to the extent necessary to respond to an emergency, including: (A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) Preventive care; (ii) Diagnostic care; (iii) Therapeutic care; (iv) Rehabilitative care; (v) Maintenance care; (vi) Palliative care; (vii) Counseling services: (viii) Assessment services; (ix) Procedural services; or (x) Other services; (B) The sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) Funeral, cremation, cemetery, or other mortuary services. (9) Host entity means an entity operating in the District that uses volunteer health practitioners to respond to an emergency. (10) License means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of the District to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity. (11) Mayor means the Mayor of the District of Columbia. (12) Person means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. The term person includes the government of the District of Columbia. (13) Registration system means a system for registering volunteer health practitioners that meets the requirements in  7-2361.04. (14) Scope of practice means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioners services are rendered, including any conditions imposed by the licensing authority. (15) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) Veterinary services means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including the: (A) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of: (i) A vaccine; (ii) Medicine; (iii) Surgery; or (iv) Therapy; (B) Use of a procedure for reproductive management; and (C) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. (17) Volunteer health practitioner means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services, including an employee of the federal government. The term volunteer health practitioner does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in the District, unless the practitioner is employed by a disaster relief organization while an emergency declaration is in effect.  (July 1, 2010, D.C. Law 18-184,  2, 57 DCR 3655.)  Section References This section is referenced in  3-411,  3-1201.03, and  7-2304.01. Editor's Notes Uniform Law: This section is based upon  2 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.02. Applicability to volunteer health practitioners. This chapter applies to volunteer health practitioners registered with a registration system that complies with  7-2361.04 and who provide health or veterinary services in the District for a host entity while an emergency declaration is in effect.  (July 1, 2010, D.C. Law 18-184,  3, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  3 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.03. Regulation of services during emergency. (a) While an emergency declaration is in effect, the Mayor may issue a Mayors order that limits, restricts, or otherwise regulates: (1) The duration of practice by volunteer health practitioners; (2) The geographical areas in which volunteer health practitioners may practice; (3) The types of volunteer health practitioners who may practice; and (4) Any other matter necessary to coordinate effectively the provision of health or veterinary services during the emergency. (b) An order issued pursuant to subsection (a) of this section may take effect immediately, without prior notice or comment, and is not a rule within the meaning of subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.]. (c) A host entity that uses volunteer health practitioners to provide health or veterinary services in the District shall: (1) Consult and coordinate its activities with the Mayor to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and (2) Comply with all District laws relating to the management of emergency health or veterinary services, including Chapter 23 of this title [ 7-2301.01 et seq.].  (July 1, 2010, D.C. Law 18-184,  4, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  4 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.04. Volunteer health practitioner registration systems. (a) To qualify as a volunteer health practitioner registration system, a registration system must: (1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons; (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and (4) Meet one of the following conditions: (A) Be an emergency system for advance registration of volunteer health-care practitioners established by a state and funded through the Health Resources Services Administration under section 319I of the Public Health Service Act, approved June 12, 2002 (116 Stat. 608; 42 U.S.C.  247d-7b); (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to section 2801 of the Public Health Service Act, approved June 12, 2002 (116. Stat. 596; 42 U.S.C. 300hh); (C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards or health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care and teaching hospital; or (v) Governmental entity; or (D) Be designated by the Mayor as a registration system for purposes of this chapter. (b) While an emergency declaration is in effect, the Mayor, the Mayors designee, or a host entity may confirm whether volunteer health practitioners utilized in the District are registered with a registration system that complies with subsection (a) of this section. Confirmation is limited to obtaining the identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing. (c) Upon request of the Mayor, the Mayors designee, or a host entity pursuant to subsection (b) of this section, or a similarly authorized person in another state, the entity operating a registration system located in the District shall notify the authorized person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing. (d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.  (July 1, 2010, D.C. Law 18-184,  5, 57 DCR 3655.)  Section References This section is referenced in  7-2361.01,  7-2361.02, and  7-2361.05. Editor's Notes Uniform Law: This section is based upon  5 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.05. Recognition of volunteer health practitioners licensed in other states. (a) While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with  7-2361.04 and licensed and in good standing in the state upon which the practitioners registration is based may practice in the District to the extent authorized by this chapter as if the practitioner were licensed in the District. (b) A volunteer health practitioner qualified under subsection (a) of this section is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.  (July 1, 2010, D.C. Law 18-184,  6, 57 DCR 3655.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  2(b) of Preserve Our Healthcare Workforce Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-245, Dec. 24, 2021, 68 DCR 013514).   For temporary (90 days) amendment of this section, see  2(b) of Preserve Our Healthcare Workforce Emergency Amendment Act of 2021 (D.C. Act 24-189, Sept. 22, 2021, 68 DCR 011343).   For temporary (90 days) amendment of this section, see  2 of Uniform Emergency Volunteer Health Practitioners Emergency Amendment Act of 2021 (D.C. Act 24-166, Sept. 1, 2021, 68 DCR 009483).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Preserve Our Healthcare Workforce Temporary Amendment Act of 2021 (D.C. Law 24-59, Feb. 18, 2022, 68 DCR 013496).  Editor's Notes Uniform Law: This section is based upon  6 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.06. No effect on credentialing and privileging. (a) Except as provided in subsection (b) of this section, this chapter does not affect the credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect. (b) The Mayor may issue rules, pursuant to  7-2361.09, establishing credentialing standards applicable while an emergency declaration is in effect. (c) For the purposes of this section, the term: (1) Credentialing means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) Privileging means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include: (A) License; (B) Education; (C) Training; (D) Experience; (E) Competence; (F) Health status; and (G) Specialized skill.  (July 1, 2010, D.C. Law 18-184,  7, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  7 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.07. Provision of volunteer health or veterinary services; unauthorized practice sanctions. (a) A volunteer health practitioner shall not: (1) Practice outside of the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of the District; or (2) Provide services that are outside the practitioners scope of practice, even if a similarly licensed practitioner in the District would be permitted to provide the services. (b) The Mayor may issue a Mayors order that modifies or restricts the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.]. (c) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter. (d)(1) A volunteer health practitioner does not engage in unauthorized practice under this section unless the practitioner has reason to know of any limitation, modification, or restriction relating to his or her practice or that a similarly licensed practitioner in the District would not be permitted to provide the services. (2) A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in the District would not be permitted to provide a service if: (A) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in the District would not be permitted to provide the service; or (B) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in the District would not be permitted to provide the service. (e) In addition to the authority granted by District law other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in the District: (1) May impose administrative sanctions upon a health practitioner licensed in the District for conduct outside of the District in response to an out-of-state emergency; (2) May impose administrative sanctions upon a practitioner not licensed in the District for conduct in the District in response to an in-state emergency; and (3) Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed. (f) In determining whether to impose administrative sanctions under subsection (e) of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioners: (1) Scope of practice; (2) Education; (3) Training; (4) Experience; and (5) Specialized skill.  (July 1, 2010, D.C. Law 18-184,  8, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  8 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.08. Relation to other laws. (a) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection (b) of this section, this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact. (b) The Mayor, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of the District volunteer health practitioners who are not officers or employees of the District.  (July 1, 2010, D.C. Law 18-184,  9, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  9 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.09. Regulatory authority. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], may issue rules to implement the provisions of this chapter. (b) In issuing rules under subsection (a) of this section, the Mayor shall consult with and consider the recommendations of the entities established to coordinate the implementation of the Emergency Management Assistance Compact in the District and in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible.  (July 1, 2010, D.C. Law 18-184,  10, 57 DCR 3655.)  Section References This section is referenced in  7-2361.06. Editor's Notes Uniform Law: This section is based upon  10 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.10. Civil liability for volunteer health practitioners; vicarious liability. (a) Subject to subsection (c) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this chapter is not liable for damages for an act or omission of the practitioner in providing those services. (b) No person is vicariously liable for damages for an act or omission of a volunteer health practitioner if the practitioner is not liable for the damages under subsection (a) of this section. (c) This section does not limit the liability of a volunteer health practitioner for: (1) Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) An intentional tort; (3) Breach of contract; (4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or (5) An act or omission relating to the operation of: (A) A motor vehicle; (B) A vessel; (C) An aircraft; or (D) Other vehicle. (d) A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a registration system is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. (e) In authorizing health services under this chapter, the District of Columbia has no liability for the act or omission of the volunteer health practitioner.  (July 1, 2010, D.C. Law 18-184,  11, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  11 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.11. Workers compensation coverage. Notwithstanding subchapter XXIII of Chapter 6 of Title 1 [ 1-623.01 et seq.], a volunteer health practitioner who is providing health services in the District pursuant to this chapter, or who is traveling to or from the District to provide such services, and who is not covered by workers compensation insurance, shall be considered an employee of the District government for purposes of any medical workers compensation benefits concerning any injury incurred in traveling or providing the services. Benefits for volunteer health practitioners are limited to those medical benefits provided to District government employees under  1-623.03. If a practitioner is a participant or beneficiary of a health benefits plan or similar plan, the medical benefits under that plan are primary to the medical benefits under this section, and medical benefits under this section are reduced by the benefits under that plan.  (July 1, 2010, D.C. Law 18-184,  12, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  12 of the Uniform Emergency Volunteer Health Practitioners Act.
 72361.12. Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  (July 1, 2010, D.C. Law 18-184,  13, 57 DCR 3655.)  Editor's Notes Uniform Law: This section is based upon  13 of the Uniform Emergency Volunteer Health Practitioners Act.
 72371.01. Definitions. For the purposes of this subchapter, the term: (1) Automated external defibrillator or AED or defibrillator means a medical device heart monitor and defibrillator that: (A) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C.  360(k)); (B) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and determining, without intervention by an operator, whether defibrillation should be performed; and (C) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individuals heart. (2) Compensation shall not include the salary of any person who registers an automated external defibrillator, trains the individuals who operate the registered automated external defibrillators, orders the automated external defibrillators which will subsequently be registered, or operates a registered automated external defibrillator at the scene of an emergency, excluding any professional medical emergency setting. (2A) "CPR" means cardiopulmonary resuscitation. (2B) "CPR and AED program" means a training course on CPR and the operation and use of an AED that has been approved by the Mayor pursuant to  7-2371.02c. (2C) "Facility AED Coordinator" means the person who acquires the AED for a facility, or his or her designee. (3) Recreation facility means a Department of Parks and Recreation public facility that is regularly staffed by a paid District government employee. (4) Recreation facility certificate means a certificate issued by the Mayor to authorize the installation and use of an AED at a recreation facility that has complied with the AED program requirements and guidelines established under  7-2371.02a. (5) "School" means a school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, or a parochial school.  (Apr. 27, 2001, D.C. Law 13-278,  2, 48 DCR 1869; Mar. 6, 2007, D.C. Law 16-217,  2(a), 53 DCR 10207; Mar. 25, 2009, D.C. Law 17-362,  2(a), 56 DCR 1211; Oct. 8, 2016, D.C. Law 21-160,  3144(a), 63 DCR 10775.)  Prior Codifications 2001 Ed.,  44-231 Effect of Amendments D.C. Law 16-217 rewrote this section, which formerly read: For the purposes of this subchapter, the term automated external defibrillator or AED or defibrillator means a medical device heart monitor and defibrillator that: (1) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C. 360(k)); (2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and determining, without intervention by an operator, whether defibrillation should be performed; and (3) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individuals heart. D.C. Law 17-362 added pars. (3) and (4).
 72371.02. Access by the public to defibrillation. (a) A person who or entity that acquires an AED shall ensure that: (1) The Facility AED Coordinator receives training from or is certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, such as the Heart Saver CPR AED course, in cardiopulmonary resuscitation (CPR) and in the use of an AED, and that the users maintain their certification in CPR and AED use; (2) The defibrillator is maintained and tested according to the manufacturers operational guidelines, and written records of the maintenance and testing are maintained; and (3) Repealed. (4) Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall call 9-1-1 as soon as possible. (b) Repealed. (b-1) The Department shall: (1) Oversee all efforts to improve and maintain access by the public to AEDs, including by setting AED deployment strategies and liaising with District government agencies; and (2) Review each case in which an AED is used. (c) Any person or entity who acquires an AED shall notify the Chief of the Department, or the Chief's designee, and the call center, as defined in  1-327.51(2), of the AED and the location and type of the AED. If an AED is removed, the Chief of the Department shall be notified. The Chief of the Department may issue a citation if the requirements of this subsection are not followed; provided, that the Chief of the Department has adopted regulations governing the issuance of the citations.  (Apr. 27, 2001, D.C. Law 13-278,  3, 48 DCR 1869; Mar. 25, 2009, D.C. Law 17-362,  2(b), 56 DCR 1211; Oct. 8, 2016, D.C. Law 21-160,  3144(b), 63 DCR 10775; Sept. 21, 2022, D.C. Law 24-167,  3002(a), 69 DCR 009223.)  Prior Codifications 2001 Ed.,  44-232 Section References This section is referenced in  44-232.01 and  44-234. Effect of Amendments D.C. Law 17-362, in subsec. (b), designated the existing text as par. (1), inserted Except as provided in paragraph (2) of this subsection, and added par. (2). Emergency Legislation  For temporary (90 days) amendment of this section, see  3002(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 72371.02a. AED program for Department of Parks and Recreation facilities. (a) The Mayor shall develop and implement an AED program for each recreation facility. The program shall meet the requirements of  7-2371.02, and, in addition, ensure that: (1) At least one AED is provided on-site at each recreation facility; (2) An individual trained in the operation and use of an AED, pursuant to a training program approved under subsection (c) of this section, is present during the recreation facilitys hours of operation; and (3) Each AED is maintained, operated, and tested according to the manufacturers guidelines by conducting periodic inspections and annual maintenance of each AED. (b) The Mayor shall develop guidelines for the program, including requirements that written records be maintained documenting: (1) The maintenance and testing of each AED; and (2) That each Department of Parks and Recreation employee assigned to the recreation facility has successfully completed a training program approved under subsection (c) of this section. (c)(1) The Mayor shall approve training programs required under this section in accordance with the requirements of  7-2371.02. The training programs may be conducted by a private or public entity. (2) The training programs shall be in conjunction with health training provided to Department of Parks and Recreation employees, as well as refresher training, as required. (d) The Mayor shall comply with this section within 45 days of March 25, 2009. The Mayor shall expand the AED program to a new recreation facility within 45 days of its opening.  (Apr. 27, 2001, D.C. Law 13-278,  3a; as added Mar. 25, 2009, D.C. Law 17-362,  2(c), 56 DCR 1211.)  Prior Codifications 2001 Ed.,  44-232.01 Section References This section is referenced in  7-2371.01 and  7-2371.02. Emergency Legislation For temporary (90 day) additions, see  2 to 4 of AED Installation for Safe Recreation and Exercise Emergency Act of 2008 (D.C. Act 17-392, May 21, 2008, 55 DCR 6272). For temporary (90 day) additions, see  2 to 4 of AED Installation for Safe Recreation and Exercise Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-459, July 28, 2008, 55 DCR 8726). Temporary Legislation Sections 2 to 4 of D.C. Law 17-213 added sections to read as follows: Sec. 2. Definitions. For the purposes of this act, the term: (1) Automated external defibrillator or AED or defibrillator means a medical device heart monitor and defibrillator that: (A) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 501(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C.  360(k)); (B) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and determining, without intervention by an operator, whether defibrillation should be performed; and (C) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individuals heart. (2) Certificate means a certificate issued by the Mayor to an authorized recreational facility. (3) Recreation facility means staffed Department of Parks and Recreation facilities. Sec. 3. AED program. (a) The Mayor shall develop and implement an AED program for each recreation facility within 45 days of the effective date of this act. (b) The program required under subsection (a) of this section shall include provisions that: (1) Ensure that an AED is provided on-site; and (2) An individual trained in the operation and use of an AED is present during hours of operation. (c) The Mayor shall establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators to ensure each AED is maintained, operated, and tested according to manufacturers guidelines, including: (1) Written records of the maintenance and testing of each AED are maintained, as required; and (2) Proof that each individual who operates an AED for the authorized recreational facility has successfully completed an educational training course in conjunction with health training already received by Department of Parks and Recreation employees and refresher training, as required. (d) The Mayor shall issue and renew certificates to recreation facilities that meet the requirements of this section. (e) The Mayor shall approve educational and training programs required under this section that: (1) Are conducted by any private or public entity; (2) Include training in cardiopulmonary resuscitation; and (3) May include courses from nationally recognized entities, such as the American Heart Association, the American Red Cross, and the National Safety Council. (f) The Mayor shall make best efforts to use uniform equipment pursuant to this act. Sec. 4. Immunities. (a) In addition to any other immunities available under statutory or common law, an authorized recreation facility is not civilly liable for any act or omission in the provision of automated external defibrillation if the authorized facility: (1) Satisfied the requirements for making automated external defibrillation available under section 3; and (2) Possesses a valid certificate at the time of the act or omission. (b) The AED program established under this act shall include tort immunity pursuant to section 4 of the Public Access to Automated External Defibrillator Act of 2001, effective April 27, 2001 (D.C. Law 13-278; D.C. Official Code  44-233). Section 6(b) of D.C. Law 17-213 provided that the act shall expire after 225 days of its having taken effect.
 72371.02b. Study to expand AED program throughout public facilities. (a) The Mayor shall conduct a study examining the feasibility of installing AED devices in all District public facilities, including the District of Columbia Public Schools system and the Public Charter Schools. The study shall be submitted to the Council no later than 6 months following March 25, 2009. (b) The study shall include: (1) An evaluation of the available AED technologies, weighing advantages and disadvantages of these technologies, depending upon the characteristics of likely users within the public facility; (2) An analysis of the optimum training program, to include cardiopulmonary resuscitation and AED operation, for obtaining maximum participation among potential rescuers; (3) An analysis of the optimum program for maintenance and inspection of AEDs when placed throughout District of Columbia public facilities; (4) A feasibility analysis for connecting AEDs, both those privately registered and those potentially placed throughout public facilities, to the District of Columbia emergency responder system; (5) An examination of the AED programs in cities of comparable size or larger, including Baltimore, Philadelphia, and New York City; (6) An analysis of the costs of different options for implementation, potential cost savings through training, and equipment alternatives; and (7) An enumeration of the public facilities recommended for installation of AEDs.  (Apr. 27, 2001, D.C. Law 13-278,  3b; as added Mar. 25, 2009, D.C. Law 17-362,  2(c), 56 DCR 1211.)  Prior Codifications 2001 Ed.,  44-232.02
 72371.02c. CPR and AED program. (a) Within 120 days after October 8, 2016, each school shall meet the requirements of  7-2371.02 and: (1) Establish procedures for responding to a medical emergency involving cardiac arrest, including the appropriate use of CPR and an AED; (2) Have at least one AED on-site at the school; (3) Have, in coordination with the Department of General Services, a maintenance schedule established for each AED that is in accordance with the manufacturer's guidelines and includes: (A) Periodic testing; (B) Periodic inspection; and (C) Annual maintenance; (4) Ensure that each AED at the school is appropriate for use on children and adults; (5) Have had the following individuals successfully complete a CPR and AED program; provided, that individuals newly hired for the following positions shall be required to successfully complete a CPR and AED program within 60 days after their hire date: (A) Athletic coach, coaching assistant, and athletic trainer; (B) Athletic director; (C) Team or game physician; (D) School nurse; and (E) Every anticipated AED user employed by the school, as designated by the school; (6) Require that at least one individual trained in a CPR and AED program be present during the school's hours of operation and during any athletic activity; and (7) Inform all school employees, at least annually, of the location of each AED in the school. (b)(1) The Mayor shall: (A) Establish baseline requirements and guidelines for a CPR and AED program; (B) Approve each existing CPR and AED program that the Mayor determines meets or exceeds the baseline requirements and guidelines for a CPR and AED program, and any new CPR and AED programs established pursuant to this subchapter; provided, that the Mayor shall approve the existing programs listed in  7-2371.02(a)(1) and the program offered by the Fire and Emergency Medical Services Department pursuant to  5-401(b-1), as meeting the requirements of this section; (C) Require each school to maintain a written record of the periodic testing, inspection, and maintenance of each AED; and (D) Require the successful completion of a CPR and AED program by each employee in a position listed in subsection (a)(5) of this section. (2) A CPR and AED program may be conducted by a private or public entity.  (Apr. 27, 2001, D.C. Law 13-278,  3c; as added Oct. 8, 2016, D.C. Law 21-160,  3144(c), 63 DCR 10775.)  Prior Codifications 2001 Ed.,  44-232.03
 72371.03. AED use and tort immunity. (a) Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. (b) The immunity from civil liability provided under subsection (a) of this section shall extend to the licensed physician or medical authority involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. (c) The immunity from civil liability provided under this subchapter shall not apply if the personal injury results from the gross negligence or the willful or wanton misconduct of the person providing the emergency care. (d) This section expressly excludes from the provision of immunity designers, manufacturers, or sellers of automated external defibrillators who have claims brought against them based upon current District of Columbia law. (e) A person who, in good faith and without compensation, uses a defibrillator at the scene of an emergency, and all other persons and entities providing services without compensation under this section, shall be immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency situation. (f) The immunity from civil liability under this section shall not apply to a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional or within the scope of the employment or agency of the professional. (g) In addition to any other immunities available under statutory or common law, the District is not civilly liable for any act or omission in the provision of automated external defibrillation if, at the time of the act or omission, the recreation facility possessed a valid recreation facility certificate.  (Apr. 27, 2001, D.C. Law 13-278,  4, 48 DCR 1869; Mar. 6, 2007, D.C. Law 16-217,  2(b), 53 DCR 10207; Mar. 25, 2009, D.C. Law 17-362,  2(d), 56 DCR 1211.)  Prior Codifications 2001 Ed.,  44-233 Effect of Amendments D.C. Law 16-217, in subsec. (e), deleted the last sentence which read as follows: This immunity shall apply only if the requirements of  44-232 are fulfilled.; and added subsec. (f). D.C. Law 17-362 added subsec. (g).
 72371.04. Agency fund. (a) There is established the Automated External Defibrillator Registration Fee Fund (Fund), as a non-lapsing, revolving fund, to be administered by the Mayor as an agency fund, as that term is defined in  47-373(2)(I), and to be used exclusively for the purposes stated in  7-2371.02. (b) The Fund shall be financed through registration fees generated pursuant to  7-2371.02 and regulations promulgated by the Mayor. (c) The Fund shall be accounted for under procedures established pursuant to subchapter V of Chapter 3 of Title 47.  (Apr. 27, 2001, D.C. Law 13-278,  5, 48 DCR 1869.)  Prior Codifications 2001 Ed.,  44-234
 72371.04a. Automated external defibrillator incentive program. (a) The Mayor may issue rebates to a property owner or lessee of a building in the District who, after October 1, 2022: (1) Purchases and installs an AED in a publicly accessible location in the interior of a building owned or leased by the property owner or lessee, respectively, within 150 feet from the building's entrance; (2) Registers the AED with the Fire and Emergency Medical Services Department; (3) Submits a rebate claim that includes such information and documentation as may be required by the Mayor; and (4) Meets any additional requirements and criteria established by rules issued by the Mayor pursuant to  7-2371.05. (b)(1) The rebates issued pursuant to subsection (a) of this section shall not exceed $400 for each AED installed in a building, with a maximum rebate of up to $750 per building. (2) Notwithstanding paragraph (1) of this subsection, the amount of a rebate shall not exceed the purchase price of the AED. (c) Rebates issued pursuant to this section shall: (1) Be contingent upon the availability of funds; and (2) Not be considered income for purposes of District income tax.  (Apr. 27, 2001, D.C. Law 13-278,  5a; as added Sept. 21, 2022, D.C. Law 24-167,  3002(b), 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5a of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 72371.05. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 may issue rules to implement the provisions of this subchapter.  (Apr. 27, 2001, D.C. Law 13-278,  6, 48 DCR 1869.)  Prior Codifications 2001 Ed.,  44-235
 72371.06. Appropriations. [Repealed] Repealed.  (Apr. 27, 2001, D.C. Law 13-278,  7, 48 DCR 1869; Mar. 3, 2010, D.C. Law 18-111,  7012, 57 DCR 181.)  Prior Codifications 2001 Ed.,  44-236 Emergency Legislation For temporary (90 day) repeal, see  7012 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) repeal, see  7012 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
 72381.01. Definitions. For the purposes of this subchapter, the term: (1) "Administer" means the direct application of an epinephrine auto-injection to a human body. (2) "Authorized entity" means any entity or organization other than a public school, including recreational camps, colleges, universities, day care facilities, youth sports leagues, restaurants, places of employment, and sports arenas. (3) "Department" means the Department of Health. (4) "Epinephrine auto-injector" means a disposable drug delivery system with a spring-activated needle that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis. (5) "Health care professional" means a physician, physician assistant, or advanced practice registered nurse licensed under Chapter 12 of Title 3. (6) "Standing order" means a prescriptive order written by a health care professional that is not specific to and does not identify a particular patient.  (Feb. 22, 2019, D.C. Law 22-207,  2, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  2 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.02. Epinephrine prescriptions. (a) A health care professional acting in good faith may directly or by standing order prescribe an epinephrine auto-injector to an authorized entity that has an employee or agent who has completed the training program described in  7-2381.04. (b) A pharmacist, in accordance with a health care professional's prescription or standing order, may dispense and distribute an epinephrine auto-injector to an authorized entity to whom an epinephrine auto-injector has been prescribed.  (Feb. 22, 2019, D.C. Law 22-207,  3, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  3 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.03. Authorized use. An employee or agent of an authorized entity who has completed the training program described in  7-2381.04 may use an epinephrine auto-injector prescribed pursuant to  7-2381.02 to: (1) Provide an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, for immediate administration; (2) Provide an epinephrine auto-injector to the parent, guardian, or caregiver of an individual who the employee or agent believes in good faith is experiencing anaphylaxis, for immediate administration; or (3) Administer an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis.  (Feb. 22, 2019, D.C. Law 22-207,  4, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  4 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.04. Training required. (a) An employee or agent of an authorized entity may not provide or administer an epinephrine auto-injector under this subchapter unless he or she completes an anaphylaxis training program. The training program shall be conducted by: (1) A nationally recognized organization experienced in training laypersons in emergency health treatment; or (2) An entity or individual approved by the Department. (b) The training program may be conducted online or in person and shall include instruction on: (1) The recognition of signs and symptoms of severe allergic reactions, including anaphylaxis; (2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and (3) Post-administration emergency medical follow-up procedures. (c) An organization, individual, or entity that conducts the training program shall issue a certificate, on a form developed by the Department, to each person who successfully completes the training program.  (Feb. 22, 2019, D.C. Law 22-207,  5, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  5 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.05. Storing and maintaining epinephrine. (a) An authorized entity may acquire and maintain epinephrine auto-injectors obtained in accordance with  7-2381.02. Once acquired, the epinephrine auto-injectors shall be maintained: (1) In a location readily accessible in an emergency situation; (2) In accordance with the manufacturer's instructions for storage; and (3) In accordance with any additional requirements that may be established by the Department. (b) An authorized entity shall designate employees or agents who have completed the training described in  7-2381.04 to be responsible for the storage and maintenance of epinephrine auto-injectors acquired by the authorized entity.  (Feb. 22, 2019, D.C. Law 22-207,  6, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  6 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.06. Limitations on liability. (a) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, or intentional misconduct: (1) An authorized entity and its employees or agents; and (2) A third party that facilitates the availability of epinephrine auto-injectors to an authorized entity. (b) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, intentional misconduct, or a willful or wanton disregard for the health or safety of others: (1) A health care professional that prescribes epinephrine auto-injectors to an authorized entity; (2) A pharmacist that dispenses or distributes epinephrine auto-injectors to an authorized entity; and (3) An organization, individual, or entity that conducts the training described in  7-2381.04.  (Feb. 22, 2019, D.C. Law 22-207,  7, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  7 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.07. Incident reports. (a) An authorized entity that acquires and provides or administers epinephrine auto-injectors shall submit to the Department, on a form developed by the Department, a report of each incident on the authorized entity's premises that involves the provision or administration of an epinephrine auto-injector pursuant to  7-2381.03. (b) By January 1, 2020, and annually thereafter, the Department shall publish a report summarizing and analyzing the reports submitted pursuant to subsection (a) of this section during the previous fiscal year.  (Feb. 22, 2019, D.C. Law 22-207,  8, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  8 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.08. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.  (Feb. 22, 2019, D.C. Law 22-207,  9, 65 DCR 12365.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Applicability of D.C. Law 22-207:  10 of D.C. Law 22-207 provided that the creation of this section by  9 of D.C. Law 22-207 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72381.09. Applicability. [Repealed] Repealed.  (Feb. 22, 2019, D.C. Law 22-207,  10, 65 DCR 12365; Sept. 11, 2019, D.C. Law 23-16,  7155, 66 DCR 8621.)  Applicability  Applicability of D.C. Law 22-207:  7155 of D.C. Law 23-16 repealed  10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.  Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see  7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 72401. Declaration of policy. In the interest of preventing nuclear war, reversing the economic impact of weapons spending, and safeguarding District of Columbia residents, and recognizing that civil defense cannot provide protection from nuclear destruction, it is by the electors declared the public policy of the District of Columbia to support: (1) A mutual United States-Soviet Union nuclear weapons freeze as a first step toward arms reduction; (2) Redirection of resources to job creation and human needs; and (3) Avoidance of nuclear war, not futile preparation to withstand nuclear attack.  (Mar. 17, 1983, D.C. Law 4-210,  2, 30 DCR 1088.)  Prior Codifications 1981 Ed.,  6-1511. Editor's Notes Nuclear Test Ban Support: Pursuant to Resolution 6-656, the Nuclear Test Ban Support Resolution of 1986, effective May 13, 1986, the Council expressed support for a mutual and verifiable ban of nuclear testing as a first step towards freezing and reversing the arms race between the United States and the Soviet Union.
 72402. Establishment of Advisory Board. [Repealed] Repealed.  (Mar. 17, 1983, D.C. Law 4-210,  3, 30 DCR 1088; Apr. 29, 1998, D.C. Law 12-86,  401(g), 45 DCR 1172.)  Prior Codifications 1981 Ed.,  6-1512.
 72403. Duties of Advisory Board. [Repealed] Repealed.  (Mar. 17, 1983, D.C. Law 4-210,  4, 30 DCR 1088; Apr. 29, 1998, D.C. Law 12-86,  401(g), 45 DCR 1172.)  Prior Codifications 1981 Ed.,  6-1513.
 72404. Proposal for immediate negotiation. Within 30 days of March 17, 1983, the Mayor shall propose to Congress, the Secretary of Defense, the Secretary of State, and the President the immediate negotiation with the Soviet Union of a permanent, mutual freeze on the testing, production, and further deployment of all nuclear weapons and their delivery systems.  (Mar. 17, 1983, D.C. Law 4-210,  5, 30 DCR 1088.)  Prior Codifications 1981 Ed.,  6-1514. Cross References Prisons, privately operated facilities, authority to register firearms, see  24-261.02. Editor's Notes Initiative 37, D.C. Law 10-99: D.C. Law 10-99 was enacted by the electors of the District of Columbia in Initiative Measure 37. Section 1 of D.C. Law 10-99 requires the Mayor to notify the Districts Congressional Delegate, in writing, that a majority of District voters request that the Delegate propose a Constitutional amendment directing the U.S. government to: 1) abolish all nuclear warheads by the year 2000; 2) pursue a good faith effort to eliminate war, armed conflict, and military operations; 3) actively promote international peace and nuclear disarmament; and 4) convert weapons industries into constructive, ecologically beneficial peacetime industries and to redirect those resources to meet human needs, including housing, health care, agriculture, education, and environment. Section 2 of D.C. Law 10-99 provided for severability of the act.
 72411. Office of Neighborhood Safety and Engagement establishment. (a) There is established an Office of Neighborhood Safety and Engagement ("ONSE"). The ONSE shall include the following programs: (1) The Family and Survivor Support Services Program, which shall be transferred to the ONSE from the Office of the Deputy Mayor for Public Safety and Justice, along with all functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for the purposes of the program; (2) The Safer, Stronger DC Community Partnerships Program, which shall be transferred to the ONSE from the Office of the Deputy Mayor for Health and Human Services, along with all functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for the purposes of the program; (3) A portion of the Roving Leaders Program, as determined by the Mayor, which shall be transferred to the ONSE from the Department of Parks and Recreation, along with all functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for the purposes of the portion of the program transferred; and (4) The Restorative Justice Collaborative, which shall serve as a centralized hub to coordinate and foster restorative justice programming and practices within the District government and by and in partnership with District community-based organizations. (b) The ONSE shall be responsible for: (1) Coordinating the District's overall violence prevention strategy and programs, with a focus on utilizing public health approaches to respond to and prevent violence; (2) Identifying, recruiting, and engaging individuals determined to be at high risk of participating in, or being a victim of, violent crime; (3) Collaborating with other District agencies and nonprofit organizations to provide immediate wrap-around services to victims and families affected by violent crime; (4) Identifying priority neighborhoods and Metropolitan Police Department Police Service Areas ("PSAs") with high trends of violent crime and connecting residents in those neighborhoods and PSAs to services through a streamlined approach; (5) Developing positive relationships with youth and young adults using recreational and other positive behavior reinforcement activities; (6) Coordinating with District agencies and community-based organizations to develop programs that focus on employment and job-training opportunities for individuals residing in priority neighborhoods or PSAs or who are most at risk of participating in, or being a victim of, violent crime, including through the use of financial incentives for participation; and (7) Coordinating and fostering restorative justice programming and practices within the District government and by and in partnership with District community-based organizations, with a focus on the 18-to-35-year old population. (c) The ONSE shall be headed by an Executive Director who shall report to the Deputy Mayor for Public Safety and Justice. The Executive Director shall have at least 3 years of relevant experience in criminal justice and public health-based approaches to violence, including matters affecting the deterrence of violent criminal behavior. (d) Beginning on January 31, 2018, and by January 31 of each year thereafter, the ONSE shall provide a report to the Mayor and Council that excludes personally identifiable information and includes the following information, by cohort, from the reporting period and in the aggregate: (1) The number of individuals successfully recruited and engaged; (2) The duration of individuals' participation, and for those individuals who did not remain in the program for the entirety of its duration, the reasons for their separation; (3) The status of participants' progress, including whether they are employed in subsidized or unsubsidized employment and any certifications or diplomas they have obtained while participating in the program; (4) The participants' age, race or ethnicity, gender, and ward of residence; and (5) Whether any participant has been arrested or convicted during or following their participation, and for what offense or offenses. (e) The ONSE may apply for and receive grants and accept private donations to fund its program activities. (f) The ONSE shall have grant-making authority for the purpose of providing funds that seek to reduce and prevent violent crime. Grants made pursuant to this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1. (g) Agency funds may be used to purchase food and non-alcoholic beverages for participants in ONSE's programs and activities, including violence prevention programs, short-term assistance programs, retreats, community outreach activities and events, individual outreach activities such as program recruitment, and training and education activities for community members, where the purchase is reasonably necessary to assist ONSE in the effective achievement of a statutory goal, objective, or responsibility.  (June 30, 2016, D.C. Law 21-125,  101, 63 DCR 4659; Dec. 13, 2017, D.C. Law 22-33,  3032(a), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168,  3032(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16,  3042(a), 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149,  3012(a), 67 DCR 10493.)  Applicability Section 7014 of D.C. Law 22-33 repealed  901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.  Applicability of D.C. Law 21-125:  901 of D.C. Law 21-125 provided that the change made to this section by  101 of D.C. Law 21-125 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3042(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  3042(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see  3032(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  3032(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  3032(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).   For temporary (90 days) amendment of this section, see  3032(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72412. Duties of the Executive Director. (a) The duties of the Executive Director shall include: (1) Identifying individuals who pose a high risk of participating in, or being a victim of, violent crime; (2) Recruiting such individuals, as feasible, to participate in programs incorporating mental or behavioral health counseling and that are designed to discourage violent crime; (3) Coordinating with District agencies to develop workforce development and restorative justice programming; and (4) Producing reports as required under  7-2411(d). (b)(1) The Executive Director shall ensure that any personally identifiable information that the ONSE collects or maintains concerning existing or potential participants in its programs remains confidential. (2) The Executive Director shall regularly conduct assessments and evaluations, to be performed by a qualified research entity, of outcomes for participants in ONSE programs.  (June 30, 2016, D.C. Law 21-125,  102, 63 DCR 4659; Oct. 8, 2016, D.C. Law 21-160,  3102(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33,  3032(b), 64 DCR 7652; Dec. 3, 2020, D.C. Law 23-149,  3012(b), 67 DCR 10493.)  Applicability Section 7014 of D.C. Law 22-33 repealed  901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.  Applicability of D.C. Law 21-125:  901 of D.C. Law 21-125 provided that the change made to this section by  102 of D.C. Law 21-125 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  3032(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).   For temporary (90 days) amendment of this section, see  3032(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 72413. Neighborhood Safety and Engagement Fund. (a) There is established as a special fund the Neighborhood Safety and Engagement Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section. (b) Funds from the following sources shall be deposited into the Fund: (1) Fifty percent of all net revenue collected pursuant to 36-621.11(a)(3); and (2) All fees collected pursuant to  50-1501.02k(b)(1). (c) Money in the Fund shall only be used to support the duties of the Office of Neighborhood Safety and Engagement as described in  7-2411(b). (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (June 30, 2016, D.C. Law 21-125,  103, 63 DCR 4659; Dec. 13, 2017, D.C. Law 22-33,  3032(c), 64 DCR 7652; Sept. 11, 2019, D.C. Law 23-16,  3042(b), 66 DCR 8621; revived Mar. 19, 2020, D.C. Law 23-68,  6, 67 DCR 743; Mar. 16, 2021, D.C. Law 23-234,  3, 68 DCR 001133.)  Applicability  According to the Office of the Budget Director, D.C. Law 23-234 is currently funded. Therefore, this section has been implemented.  Applicability of D.C. Law 23-234:  4 of D.C. Law 23-234 provided that the change made to this section by  3 of D.C. Law 23-234 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 16 of D.C. Law 23-68 provided that the changes made to this section by D.C. Law 23-68 shall apply as of October 1, 2019.  Section 7014 of D.C. Law 22-33 repealed  901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.  Applicability of D.C. Law 21-125:  901 of D.C. Law 21-125 provided that the change made to this section by  103 of D.C. Law 21-125 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) revival and amendment of this section, see  6 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).   For temporary (90 days) repeal, see  3042(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal, see  3042(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see  2 of Neighborhood Safety and Engagement Fund Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-549, Dec. 26, 2018, 66 DCR 223).   For temporary (90 days) amendment of this section, see  2 of Neighborhood Safety and Engagement Fund Emergency Amendment Act of 2018 (D.C. Act 22-462, Oct. 3, 2018, 65 DCR 11370).   For temporary (90 days) amendment of this section, see  2 of Community Violence Intervention Fund Emergency Amendment Act of 2018 (D.C. Act 22-393, June 29, 2018, 65 DCR 7341).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  3032(c) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).   For temporary (90 days) amendment of this section, see  3032(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Neighborhood Safety and Engagement Fund Temporary Amendment Act of 2018 (D.C. Law 22-198, Feb. 22, 2019, 65 DCR 12026).   For temporary (225 days) amendment of this section, see  2 of Community Violence Intervention Fund Temporary Amendment Act of 2018 (D.C. Law 22-162, Oct. 11, 2018, 65 DCR 7707). 
 72414. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.  (June 30, 2016, D.C. Law 21-125,  103a; as added Dec. 13, 2017, D.C. Law 22-33,  3032(d), 64 DCR 7652.)  Emergency Legislation  For temporary (90-day) creation of this section, see  3032(d) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  3032(d) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 72415. Violence prevention, interruption, and response services. (a) To support initiatives, programs, and interventions that aim to prevent, interrupt, or respond to violence in the District, the Mayor may: (1) Issue housing vouchers, financial assistance for housing, housing counseling, and other supportive services to individuals and families who have been victims of gun violence or are at risk of gun violence; (2) Waive statutory, regulatory, and administrative fees, including vital record fees and driver license and non-driver identification fees, for, and settle or forgive debts owed to the District government by, individuals participating in or potentially eligible to participate in a violence prevention, violence interruption, violence response, or victim services program; (3) Pay private, local, state, and federal fees, including fees for licenses and certifications, vital records, educational fees, and background and suitability checks, for individuals participating in or potentially eligible to participate in a violence prevention, violence interruption, violence response, or victim services program; (4) Provide social, economic, educational, health, and other services and supports for the purposes of violence prevention, violence interruption, violence response, and victim services to individuals participating in or eligible to participate in a violence prevention, violence interruption, violence response, or victim services program. Services and supports provided pursuant to this paragraph may include: (A) Transportation, including transportation to government offices and non-governmental service providers and transportation of public-school students in safe passage areas; (B) Housing relocation costs, including moving costs and the costs of establishing a new household; (C) Tests and test preparation; (D) Post office boxes; (E) Secure document storage; (F) Cell phones and cell phone service; and (G) Driver education; (5) Provide financial payments to individuals participating in or potentially eligible to participate in a violence prevention, violence interruption, or violence response program to incentivize such individuals to apply for, participate in, or continue to participate in, such program; (6) Issue grants in support of violence prevention, violence interruption, violence response, and victim services programs; and (7) Provide the services and supports described in  1-604.02a, including paid internships, to individuals participating in a violence prevention, violence interruption, violence response, or victim services program, regardless of whether the individual has received a high school diploma or its equivalent. (b) The financial assistance for housing provided pursuant to subsection (a)(1) of this section shall be used to assist the recipients with relocation from their current housing and to provide them with short- and mid-term housing supports. (c) Payments made for services and supports under subsection (a)(4) and (5) of this section may be made by direct voucher.  (June 30, 2016, D.C. Law 21-125,  103b; as added Nov. 13, 2021, D.C. Law 24-45,  3033, 68 DCR 010163.)  Emergency Legislation  For temporary (90 days) creation of this section, see  3033 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602). 
 72421. Definitions. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1042, 1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1042 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1042 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72422. Advisory Committee on Street Harassment. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1043, 1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1043 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1043 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72423. Survey. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1044, 1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1044>1044 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1044 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72424. Street harassment prevention report; model policies; public information campaign. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1045, 1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1045 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1045 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72425. Implementation report. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1046, 1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1046 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1046 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72426. Sunset. [Expired] Expired.  (Oct. 30, 2018, D.C. Law 22-168,  1048, 65 DCR 9388.)  Expiration of Law Section 1048 of D.C. Law 22-168 provided that this section shall expire on October 1, 2020.  Emergency Legislation  For temporary (90 days) creation of this section, see  1048 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  1048 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 72531.01. Definitions. For the purposes of this unit, the term: (1) Dealer means: (A) Any person engaged in the business of selling firearms at wholesale or retail; (B) Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or (C) Any person who is a pawnbroker who takes or receives by way of pledge or pawn, any firearm as security for the payment or repayment of money. (2) Engaged in the business means: (A) A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. The term engaged in business shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of this personal collection of firearms; or (B) A person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported. (3) Firearm shall have the same meaning as in  7-2501.01(9). (4) Illegal sale means: (A) Failure to establish proof of the purchasers residence in a jurisdiction where the purchase of the weapon is legal or ignoring proof of the purchasers residence in the District of Columbia; (B) Failure to comply with District of Columbia registration and waiting requirements prior to delivery of the firearm to the purchaser when proof of District of Columbia residence is provided; (C) Failure to maintain full, complete, and accurate records of firearm sales as required by local, state, and federal law; or (D) Knowingly and willfully maintaining false records with the intent to misrepresent the name and address of persons purchasing firearms, or the type of firearm sold to those persons. (5) Importer means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution. (6) Law enforcement agency means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government. (7) Law enforcement officer means any employee or agent of a law enforcement agency who is authorized to use a firearm in the course of employment. (8) Manufacturer means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution. (9) Pawnbroker means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.  (June 11, 1992, D.C. Law 9-115,  2, 39 DCR 3182.)  Prior Codifications 1981 Ed.,  6-2381. Editor's Notes Application of 9-115: Section 7 of D.C. Law 9-115 provided that the act shall only apply to the discharge of a firearm in the District of Columbia that is sold, loaned, leased, or rented after the effective date of this act. Mayor authorized to issue rules: Section 6 of D.C. Law 9-115 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of the act. Delegation of Authority Delegation of authority pursuant to D.C. Law 9-115, the Illegal Firearm Sale and Distribution Strict Liability Act of 1992, see Mayors Order 94-72, March 15, 1994 ( 41 DCR 1571).
 72531.02. Liability. (a) Any manufacturer, importer, or dealer of a firearm who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale of a firearm shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia, regardless of whether or not the person operating the firearm is the original, illegal purchaser. (b) Any individual who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale, loan, lease, or rental of a firearm for money or anything of value shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia regardless of whether or not the person operating the firearm is the original, illegal purchaser. (c) Nothing in this unit shall relieve from liability any person who commits a crime, is negligent, or who might otherwise be liable for acts committed with the firearm.  (June 11, 1992, D.C. Law 9-115,  3, 39 DCR 3182.)  Prior Codifications 1981 Ed.,  6-2382. Editor's Notes Application of Law 9-115: See Historical and Statutory Notes following  7-2531.01.
 72531.03. Exemptions. (a) No firearm originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit. (b) No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to have committed a self-inflicted injury or by a person injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act. (c) No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics. (d) No action may be brought pursuant to this unit by a person who either: (1) assumed the risk of the injury that occurred; or (2) negligently contributed to the injury that occurred.  (June 11, 1992, D.C. Law 9-115,  4, 39 DCR 3182.)  Prior Codifications 1981 Ed.,  6-2383. Editor's Notes Application of Law 9-115: See Historical and Statutory Notes following  7-2531.01.
 72531.04. Firearms Bounty Fund. (a) There is established a fund to be known as the Firearms Bounty Fund (Fund) to be administered by the Metropolitan Police Department. The Fund shall be operated as a proprietary fund and shall consist of monies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund. (b) Disbursements from the Fund shall be used exclusively for the payment of cash rewards to persons who provide District of Columbia law enforcement agencies with tips that lead to the adjudication or conviction of: (1) A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange for money or other thing of value; or (2) A person who has committed a crime with a firearm. (c) The amount of each cash reward shall be determined at the discretion of the Chief of the Metropolitan Police Department and the cash reward may range up to $100,000 per tip. (d) The Chief of the Metropolitan Police Department shall report annually to the Mayor and Council all income and expenditures of the Fund. (e) The Mayor, by a proposed notice to the Council, may terminate the Fund if the Mayor determines that the Fund is no longer necessary to pay cash rewards. (f) If monies exist in the Fund at the time of its termination, the monies shall be deposited in the General Fund of the District of Columbia. (g) The proposed notice to terminate the Fund shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove by resolution within the 45-day review period, the proposed notice to terminate the Fund shall be deemed approved.  (June 11, 1992, D.C. Law 9-115,  5, 39 DCR 3182.)  Prior Codifications 1981 Ed.,  6-2384. Editor's Notes Application of Law 9-115: See Historical and Statutory Notes following  7-2531.01.
 72551.01. Definitions. For the purposes of this unit, the term: (1) Assault weapon shall have the same meaning as provided in  7-2501.01(3A). (2) Handgun means a firearm with a barrel less than 12 inches in length at the time of manufacture. (3) Dealer and importer shall have the same meaning as in 18 U.S.C.  921. (4) Machine gun shall have the same meaning as in paragraph (10) of  7-2501.01. (5) Manufacturer means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution. (6) Law enforcement agency means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government. (7) Law enforcement officer means any officer or agent of an agency defined in paragraph (6) of this section who is authorized to use a handgun or machine gun in the course of his or her work.  (Mar. 6, 1991, D.C. Law 8-263,  3, 37 DCR 8482; Mar. 31, 2009, D.C. Law 17-372,  4, 56 DCR 1365.)  Prior Codifications 1981 Ed.,  6-2391. Effect of Amendments D.C. Law 17-372 rewrote par. (1). Emergency Legislation For temporary (90 day) amendment of section, see  4 of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). Temporary Legislation Repeal and revival of Law 8-263: D.C. Law 8-263 was temporarily repealed by Emergency Act 9-1,  2, the Assault Weapon Manufacturing Strict Liability Act of 1990 Emergency Repealer Act of 1991 (D.C. Act 9-1, February 15, 1991, 38 DCR 1457). Section 2 of D.C. Law 9-3 temporarily repealed D.C. Law 8-263. Section 3(b) of D.C. Law 9-3 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, whichever occurs first. Effective Dates Pursuant to the Courts holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992. Editor's Notes Application of Law 8-263: Section 6 of D.C. Law 8-263, as amended by  3(b) of D.C. Law 10-194, provided that the act shall apply only to the discharge of an assault weapon that is manufactured, imported, or distributed after Mar. 6, 1991, and to the discharge of a machine gun that is manufactured, imported, or distributed after Oct. 7, 1994. Repeal of Act 9-32: D.C. Act 9-32, the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, May 17, 1991, 38 DCR 3380, was repealed by Referendum 006, certified by the Board of Elections and Ethics November 18, 1991. Findings of Council: Section 2 of D.C. Law 8-263 provided findings of Council.
 72551.02. Liability. Any manufacturer, importer, or dealer of an assault weapon or machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District of Columbia.  (Mar. 6, 1991, D.C. Law 8-263,  4, 37 DCR 8482; Oct. 7, 1994, D.C. Law 10-194,  3(a), 41 DCR 4283.)  Prior Codifications 1981 Ed.,  6-2392. Effective Dates Pursuant to the Courts holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992. Editor's Notes Application of Law 8-263: See Historical and Statutory Notes following  7-2551.01.
 72551.03. Exemptions. (a) No assault weapon originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit. (b) No action may be brought pursuant to this unit by a person injured by an assault weapon while committing a crime. (c) This section shall not operate to limit in scope any cause of action, other than that provided by this unit, available to a person injured by an assault weapon. (d) Any defense that is available in a strict liability action shall be available as a defense under this unit. (e) Recovery shall not be allowed under this unit for a self-inflicted injury that results from a reckless, wanton, or willful discharge of an assault weapon.  (Mar. 6, 1991, D.C. Law 8-263,  5, 37 DCR 8482.)  Prior Codifications 1981 Ed.,  6-2393. Effective Dates Pursuant to the Courts holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992. Editor's Notes Application of Law 8-263: See Historical and Statutory Notes following  7-2551.01.
 72501.01. Definitions.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   As used in this unit the term: (1) Acts of Congress means: (A) Chapter 45 of Title 22; (B) Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and (C) An Act to Amend Title 18, United States Code, To Provide for Better Control of the Interstate Traffic in Firearms Act of 1968 (82 Stat. 1213; 18 U.S.C.  921 et seq.). (2) Ammunition means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device. (3) Antique firearm means: (A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (B) Any replica of any firearm described in subparagraph (A) if such replica: (i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or (ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. (3A)(A) Assault weapon means: (i) The following semiautomatic firearms: (I) All of the following specified rifles: (aa) All AK series including, but not limited to, the models identified as follows: (1) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S; (2) Norinco (all models); (3) Poly Technologies (all models); (4) MAADI AK47 and ARM; and (5) Mitchell (all models). (bb) UZI and Galil; (cc) Beretta AR-70; (dd) CETME Sporter; (ee) Colt AR-15 series; (ff) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C; (gg) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter; (hh) MAS 223. (ii) HK-91, HK-93, HK-94, and HK-PSG-1; (jj) The following MAC types: (1) RPB Industries Inc. sM10 and sM11; and (2) SWD Incorporated M11; (kk) SKS with detachable magazine; (ll) SIG AMT, PE-57, SG 550, and SG 551; (mm) Springfield Armory BM59 and SAR-48; (nn) Sterling MK-6; (oo) Steyer AUG, Steyr AUG; (pp) Valmet M62S, M71S, and M78S; (qq) Armalite AR-180; (rr) Bushmaster Assault Rifle; (ss) Calico 900; (tt) J&R ENG 68; and (uu) Weaver Arms Nighthawk. (II) All of the following specified pistols: (aa) UZI; (bb) Encom MP-9 and MP-45; (cc) The following MAC types: (1) RPB Industries Inc. sM10 and sM11; (2) SWD Incorporated -11; (3) Advance Armament Inc. 11; and (4) Military Armament Corp. Ingram M-11; (dd) Intratec TEC-9 and TEC-DC9; (ee) Sites Spectre; (ff) Sterling MK-7; (gg) Calico M-950; and (hh) Bushmaster Pistol. (III) All of the following specified shotguns: (aa) Franchi SPAS 12 and LAW 12; and (bb) Striker 12. The Streetsweeper type S/S Inc. SS/12; (IV) A semiautomatic, rifle that has the capacity to accept a detachable magazine and any one of the following: (aa) A pistol grip that protrudes conspicuously beneath the action of the weapon; (bb) A thumbhole stock; (cc) A folding or telescoping stock; (dd) A grenade launcher or flare launcher; (ee) A flash suppressor; or (ff) A forward pistol grip; (V) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (aa) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; (bb) A second handgrip; (cc) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or (dd) The capacity to accept a detachable magazine at some location outside of the pistol grip; (VI) A semiautomatic shotgun that has one or more of the following: (aa) A folding or telescoping stock; (bb) A pistol grip that protrudes conspicuously beneath the action of the weapon; (cc) A thumbhole stock; or (dd) A vertical handgrip; and (VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; and (VIII) All other models within a series that are variations, with minor differences, of those models listed in subparagraph (A) of this paragraph, regardless of the manufacturer; (ii) Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply to a weapon with an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; and (iii) Any firearm that the Chief may designate as an assault weapon by rule, based on a determination that the firearm would reasonably pose the same or similar danger to the health, safety, and security of the residents of the District as those weapons enumerated in this paragraph. (B) The term assault weapon shall not include: (i) Any antique firearm; or (ii) Any of the following pistols, which are designed expressly for use in Olympic target shooting events, sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and used for Olympic target shooting purposes: MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT  (C) The Chief may exempt, by rule, new models of competitive pistols that would otherwise fall within the definition of assault weapon pursuant to this section from being classified as an assault weapon. The exemption of competitive pistols shall be based either on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or on the recommendation or rules of any other organization that the Chief considers relevant. (4) Chief means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent. (5) Crime of violence shall have the same meaning as provided in D.C. Official Code  23-1331(4). (6) Dealers license means a license to buy or sell, repair, trade, or otherwise deal in firearms, destructive devices, or ammunition as provided for in subchapter IV of this unit. (7) Destructive device means: (A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device; (B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun; (C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known; (D) Repealed. (E) Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled; provided, that the term shall not include: (i) Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch in diameter; (ii) Any device which is neither designed nor redesigned for use as a weapon; (iii) Any device originally a weapon which has been redesigned for use as a signaling, line throwing, or safety device; or (iv) Any device which the Chief finds is not likely to be used as a weapon. (8) District means District of Columbia. (8A) .50 BMG rifle means: (A) A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or (B) A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any other rifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case, or primer. (9) Firearm means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include: (A) Antique firearms; or (B) Destructive devices; (C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; (D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or (E) A stun gun. (9A) Firearms instructor means an individual who is certified by the Chief to be qualified to teach firearms training and safety courses. (9B)(A) "Ghost gun": (i) Means any of the following: (I) A firearm that, after the removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar by walk-through metal detectors calibrated and operated to detect the Security Exemplar; (II) Any major component of a firearm that, when subjected to inspection by the types of detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component; or (III) A firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on it by a licensed manufacturer or importer in accordance with federal law, assigned by the agency of a State and permanently engraved or cast on the firearm, or otherwise placed on the firearm in compliance with  7-2502.02; and (ii) Does not include: (I) A firearm that has been rendered permanently inoperable; (II) A firearm manufactured or imported before December 16, 1968; or (III) A firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986. (B) For the purposes of subparagraph (A)(i)(I) of this paragraph, the term "firearm" does not include the frame or receiver of any such weapon. (C) For the purposes of subparagraph (A)(i)(II) of this paragraph, the term "major component" with respect to a firearm: (i) Means the slide or cylinder or the frame or receiver of the firearm; and (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. (9C) Intrafamily offense shall have the same meaning as provided in  16-1001(8). (10) Machine gun means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term machine gun shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. (10A) "Manufacture": (A) Means to fabricate, make, form, produce or construct, by manual labor or by machinery; (B) Includes assembling a functional firearm, or molding, machining, or 3D printing a frame or receiver; and (C) Does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms. (11) Organization means any partnership, company, corporation, or other business entity, or any group or association of 2 or more persons united for a common purpose. (11A) "Permanently inoperable" means incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. (12) Pistol means any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length. (12A) Place of business means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant. (12B)(A) "Receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. Any such part identified with a serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or other reliable evidence to the contrary, to be a frame or receiver. (B) For the purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. (C)(i) The term "receiver" shall not include a receiver that has been destroyed. (ii) For the purposes of this subparagraph, a receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state. (D) For the purposes of this unit, the term "frame" is synonymous with the term "receiver". (13) Registration certificate means a certificate validly issued pursuant to this unit evincing the registration of a firearm pursuant to this unit. (13A)(A) Restricted pistol bullet means: (i) A projectile or projectile core which may be used in a pistol and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; (ii) A full jacketed projectile larger than .22 caliber designed and intended for use in a pistol and whose jacket has a weight of more than 25% of the total weight of the projectile; or (iii) Ammunition for a .50 BMG rifle. (B) The term restricted pistol bullet does not include: (i) Shotgun shot required by federal or state environmental or game regulations for hunting purposes; (ii) A frangible projectile designed for target shooting; (iii) A projectile which the Attorney General of the United States finds is primarily intended to be used for sporting purposes; or (iv) Any other projectile or projectile core which the Attorney General of the United States finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device. (14) Rifle means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder. (15) Sawed-off shotgun means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length. (15A) "Security Exemplar" means an object, to be fabricated at the direction of the Mayor, that is: (A) Constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and (B) Suitable for testing and calibrating metal detectors. (16) Shotgun means a smooth bore firearm using a fixed shotgun shell with either a number of ball shot or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder. (17) Short barreled rifle means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches. (17A) "Stun gun" means any device designed or redesigned, made or remade, or readily converted or restored, and used or intended to be used offensively or defensively to immobilize or incapacitate a person by the use of electric current or audible, optical, or electromagnetic pulse. (17B) Repealed. (18) Weapons offense means any violation in any jurisdiction of any law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device.  (Sept. 24, 1976, D.C. Law 1-85, title I,  101, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19,  2, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372,  3(a), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(a), 59 DCR 5691; Apr. 27, 2013, D.C. Law 19-295,  2(a), 60 DCR 2623; May 19, 2017, D.C. Law 21-281,  2(a), 64 DCR 1648; Apr. 27, 2021, D.C. Law 23-274,  201(a), 68 DCR 001034; Oct. 17, 2022, D.C. Act 24-583,  2(a), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2302. 1973 Ed.,  6-1802. Section References This section is referenced in  7-2502.13,  7-2507.06a,  7-2531.01,  7-2551.01,  16-2301,  16-2333,  22-4501,  42-3101, and  48-1203. Effect of Amendments D.C. Law 17-372 added pars. (3A), (8A), (9A), and (12A); in par. (9), substituted any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, for any weapon which will, or is designed or redesigned, made or remade, readily converted or restored, and intended to,; rewrote par. (10); in par. (12), substituted hand or with a barrel less than 12 inches in length for hand; and, in par. (15), substituted 18 inches in length for 20 inches in length in two places. Prior to amendment, par. (10) read as follows: (10) Machine gun means any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot: (A) Automatically, more than 1 shot by a single function of the trigger; (B) Semiautomatically, more than 12 shots without manual reloading. The 2012 amendment by D.C. Law 19-170 rewrote (5); added (9A); redesignated former (9A) and (13a) as (9B) and (13A); and made a stylistic change. The 2013 amendment by D.C. Law 19-295 rewrote (13A). Emergency Legislation  For temporary (90 days) amendment of this section, see  2(a) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(a) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).   For temporary (90 days) amendment of this section, see  4(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  2(a) of Ghost Guns Prohibition Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-324, May 27, 2020, 67 DCR 6721).   For temporary (90 days) amendment of this section, see  2(a) of Ghost Guns Prohibition Emergency Amendment Act of 2020 (D.C. Act 23-245, Mar. 11, 2020, 67 DCR 3086).   For temporary (90 days) amendment of this section, see  2(a) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) amendment of this section, see  2(a) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907).  For temporary (90 day) amendment of section, see  2(a) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) amendment of section, see  2(a) of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9). For temporary (90 day) amendment of section, see  3(a) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(a) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(a) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (5), (9A) and (13a), see  2(a) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(a) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450).   For temporary (225 days) amendment of this section, see  2(a) of Ghost Guns Prohibition Temporary Amendment Act of 2020 (D.C. Law 23-125, July 30, 2020, 67 DCR 3945).  References in Text An Act to Amend Title 18, United States Code, to Provide for Better Control of the Interstate Traffic in Firearms Act of 1968, referred to in subparagraph (C) of paragraph (1), is the Gun Control Act of 1968, Pub. L. 90-618.
 72502.01. Registration requirements. (a) Except as otherwise provided in this unit, no person or organization in the District of Columbia (District) shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. A registration certificate may be issued: (1) To an organization if: (A) The organization employs at least 1 commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employees duty hours; and (B) The registration is issued in the name of the organization and in the name of the president or chief executive officer of the organization; (2) In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department; (3) In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and Arson Investigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, who is designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws of the District of Columbia; (4) To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose of conducting firearms training; or (5) To a person who complies with, and meets the requirements of, this unit. (b) Subsection (a) of this section shall not apply to: (1) Any law enforcement officer or agent of the District or the United States, or any law enforcement officer or agent of the government of any state or subdivision thereof, or any member of the armed forces of the United States, the National Guard or organized reserves, when such officer, agent, or member is authorized to possess such a firearm or device while on duty in the performance of official authorized functions; (2) Any person holding a dealers license; provided, that the firearm or destructive device is: (A) Acquired by such person in the normal conduct of business; (B) Kept at the place described in the dealers license; and (C) Not kept for such persons private use or protection, or for the protection of his business; (3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that such person, whenever in possession of a firearm, shall upon demand of any member of the Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is on his way to or from such activity, and that his possession or control of such firearm is lawful in the jurisdiction in which he resides; provided further, that such weapon shall be transported in accordance with  22-4504.02; (4) Any person who temporarily possesses a firearm registered to another person while in the home or place of business of the registrant; provided, that the person is not otherwise prohibited from possessing firearms and the person reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to himself or herself; or (5) Any person who temporarily possesses a firearm while participating in a firearms training and safety class conducted by a firearms instructor. (c) For the purposes of subsection (b)(3) of this section, the term recreational firearm-related activity includes a firearms training and safety class.  (Sept. 24, 1976, D.C. Law 1-85, title II,  201, 23 DCR 2464; May 7, 1993, D.C. Law 9-266,  2(a), 39 DCR 5676; Mar. 26, 1999, D.C. Law 12-176, 5, 45 DCR 5662; Apr. 20, 1999, D.C. Law 12-264,  19, 46 DCR 2118; Mar. 31, 2009, D.C. Law 17-372,  3(b), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(b), 59 DCR 5691; June 16, 2015, D.C. Law 20-279,  2(a), 62 DCR 1944.)  Prior Codifications 1981 Ed.,  6-2311. 1973 Ed.,  6-1811. Section References This section is referenced in  7-2504.01,  7-2507.06, and  7-2508.01. Effect of Amendments D.C. Law 17-372, in subsec. (b)(3), substituted that such weapon shall be transported in accordance with  22-4504.02; or for that such weapon shall be unloaded, securely wrapped, and carried in open view; and added subsec. (b)(4). The 2012 amendment by D.C. Law 19-170 added (a)(4), (a)(5), (b)(5), and (c); and made related changes. The 2015 amendment by D.C. Law 20-279 added or place of business in (b)(4). Emergency Legislation For temporary authorization for seizure and forfeiture of firearms under certain circumstances, see  2(b) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986). For temporary amendment of section, see  5 of the Arson Investigators Emergency Amendment Act of 1998 (D.C. Act 12-406, July 13, 1998, 45 DCR 4833), 5 of the Arson Investigators Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-466, October 28, 1998, 45 DCR 7838), and  5 of the Arson Investigators Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-539, December 24, 1998, 45 DCR 297). For temporary (90 day) amendment of section, see  3(b) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(b) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(b) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (a) and (b), and addition of (c), see  2(b) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary (90 days) amendment of this section, see  2(a) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) repeal of emergency D.C. Act 20-447,  4, the acts applicability clause, see  2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187). For temporary (90 days) amendment of this section, see  2(a) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of emergency D.C. Act 20-447, see  4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of temporary D.C. Act 20-169, see  4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) amendment of this section, see  2(a) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451). Temporary Legislation For temporary (225 days) amendment of this section, see  2(a) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814). Editor's Notes Employees of United States Department of Agriculture authorized to carry firearms: Public Law 97-312 provided that any employee of the United States Department of Agriculture designated by the Secretary of Agriculture and the Attorney General of the United States may carry a firearm and use a firearm when necessary for self-protection, in accordance with rules and regulations issued by the Secretary of Agriculture and the Attorney General of the United States, while such employee is engaged in the performance of the employees official duties to (1) carry out any law or regulation related to the control, eradication, or prevention of the introduction or dissemination of communicable disease of livestock or poultry into the United States or (2) perform any duty related to such disease control, eradication, or prevention, subject to the direction of the Secretary. Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in  7-2501.01, or in any manner use to facilitate a violation of  22-4503 and 22-4504. D.C. Law 11-273 became effective on June 3, 1997.
 72502.02. Registration of certain firearms prohibited.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) A registration certificate shall not be issued for a: (1) Sawed-off shotgun; (2) Machine gun; (3) Short-barreled rifle; (4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to: (A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employees duty hours; (B) A police officer who has retired from the Metropolitan Police Department; (C) Any person who seeks to register a pistol: (i) For use in self-defense within that persons home or place of business; or (ii) As part of the application process for a license to carry a concealed pistol pursuant to  7-2509.02; or (D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training. (5) An unsafe firearm prohibited under  7-2505.04; (6) An assault weapon; (7) A .50 BMG rifle; or (8) Ghost gun. (b) Repealed. (c)(1) Notwithstanding subsection (a)(5) of this section, a registration certificate may be issued for a self-manufactured firearm that is not prohibited under subsection (a)(1) through (4) or (6) through (8) if: (A) The applicant meets the requirements of  7-2502.03; and (B) A unique serial number is engraved or cast on, or otherwise permanently affixed to, the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto; provided, that a serial number or mark of identification exceeds these requirements if the engraving, casting, or stamping (impressing) of the serial number exceeds the required minimum depth or exceeds the minimum print size of that provision. (2)(A) An applicant who meets the requirements of  7-2502.03 may register a self-manufactured firearm that does not bear a serial number as described in paragraph (1)(B) of this subsection, if, prior to finishing the frame or receiver, the applicant has caused a unique serial number to be engraved, casted, stamped (impressed), or placed on the frame or receiver, as set forth in subparagraphs (B) and (C) of this paragraph. (B) The serial number shall consist of the first and last name of the self-manufacturer, followed by the designation "DC" and then a set of 2 to 5 numbers. (C) The set of numbers described in subparagraph (B) of this paragraph shall not duplicate any serial number placed by the self-manufacturer on any other firearm. The applicant shall, before engraving, casting, stamping (impressing), or placing a serial number on the frame or receiver, confirm with the Metropolitan Police Department that the proposed serial number has not already been registered to another firearm.  (Sept. 24, 1976, D.C. Law 1-85, title II,  202, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266,  2(b), 39 DCR 5676; Mar. 31, 2009, D.C. Law 17-372,  3(c), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(c), 59 DCR 5691; June 16, 2015, D.C. Law 20-279,  2(b), 62 DCR 1944; Apr. 27, 2021, D.C. Law 23-274,  201(b), 68 DCR 001034; Oct. 17, 2022, D.C. Act 24-583,  2(b), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2312. 1973 Ed.,  6-1812. Section References This section is referenced in  7-2502.09,  7-2504.01,  7-2505.02, and  7-2507.06a. Effect of Amendments D.C. Law 17-372, in subsec. (a), deleted or from the end of par. (3), rewrote par. (4), and added pars. (5), (6), and (7); and repealed subsec. (b). The 2012 amendment by D.C. Law 19-170 added (a)(4)(D); and made related changes. The 2015 amendment by D.C. Law 20-279 rewrote (a)(4)(C). Emergency Legislation  For temporary (90 days) amendment of this section, see  2(b) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(b) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).   For temporary (90 days) amendment of this section, see  4(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  2(b) of Ghost Guns Prohibition Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-324, May 27, 2020, 67 DCR 6721).   For temporary (90 days) amendment of this section, see  2(b) of Ghost Guns Prohibition Emergency Amendment Act of 2020 (D.C. Act 23-245, Mar. 11, 2020, 67 DCR 3086).  For temporary (90 day) amendment, see  2(a) of Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-422, July 16, 2008, For temporary amendment of (a)(4), see  2(c) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary (90 day) amendment of section, see  2(b) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) repeal of D.C. Act 17-422, see  5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) amendment of section, see  2(b) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9). For temporary (90 day) amendment of section, see  3(c) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(c) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(c) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary (90 days) amendment of this section, see  2(b) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) repeal of emergency D.C. Act 20-447,  4, the acts applicability clause, see  2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187). For temporary (90 days) amendment of this section, see  2(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of emergency D.C. Act 20-447, see  4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of temporary D.C. Act 20-169, see  4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) amendment of this section, see  2(b) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(b) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450).   For temporary (225 days) amendment of this section, see  2(b) of Ghost Guns Prohibition Temporary Amendment Act of 2020 (D.C. Law 23-125, July 30, 2020, 67 DCR 3945).  For temporary (225 days) amendment of this section, see  2(b) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814).
 72502.03. Qualifications for registration; information required for registration.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) No registration certificate shall be issued to any person (and in the case of a person between the ages of 18 and 21, to the person and the person's signatory parent or guardian) or organization unless the Chief determines that such person (or the president or chief executive in the case of an organization): (1) Is 21 years of age or older; provided, that the Chief may issue to an applicant between the ages of 18 and 21 years old, and who is otherwise qualified, a registration certificate if the application is accompanied by a notarized statement of the applicants parent or guardian: (A) That the applicant has the permission of the applicant's parent or guardian to own and use the firearm to be registered; and (B) The parent or guardian assumes civil liability for all damages resulting from the actions of such applicant in the use of the firearm to be registered; provided further, that such registration certificate shall expire on such persons 21st birthday; (2) Has not been convicted of a weapons offense (but not an infraction or misdemeanor violation under  7-2502.08,  7-2507.02,  7-2507.06, or  7-2508.07) or a felony in this or any other jurisdiction (including a crime punishable by imprisonment for a term exceeding one year); (3) Is not under indictment for a crime of violence or a weapons offense; (4) Has not been convicted within 5 years prior to the application of any: (A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug; (B) A violation of D.C. Official Code  22-404, regarding assaults and threats, or D.C. Official Code  22-407, regarding threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction; (C) Two or more violations of D.C. Official Code  50-2201.05(b), or, in this or any other jurisdiction, any law restricting driving under the influence of alcohol or drugs; (D) Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction; (E) Misdemeanor violation pursuant to  7-2507.02 or  7-2507.06; (F) Violation of  22-3133; or (G) Violation of an extreme risk protection order pursuant to  7-2510.11; (5) Within the 5-year period immediately preceding the application, has not been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court; provided, that this paragraph shall not apply if such person shall present to the Chief, with the application, a medical certification indicating that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm; (6)(A) Within the 5-year period immediately preceding the application, has not been: (1) Voluntarily admitted to a mental health facility; (2) Involuntarily committed to a mental health facility by the Superior Court of the District of Columbia, another court of competent jurisdiction, the Commission on Mental Health, or a similar commission in another jurisdiction; (3) Determined by the Superior Court of the District of Columbia or another court of competent jurisdiction to be an incapacitated individual, as that term is defined in  21-2011(11); (4) Adjudicated as a mental defective, as that term is defined in 27 C.F.R.  478.11; or (5) Committed to a mental institution, as that term is defined in 27 C.F.R.  478.11; (B) Subparagraph (A) of this paragraph shall not apply if the court has granted the applicant relief pursuant to subsection (f) of this section, unless the applicant, since the court granted the applicant relief pursuant to subsection (f) of this section, is again disqualified under subparagraph (A) of this paragraph. (6A) Within the 5 years immediately preceding the application, has not had a history of violent behavior. (7) Does not appear to suffer from a physical defect which would tend to indicate that the applicant would not be able to possess and use a firearm safely and responsibly; (8) Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being; (9) Is not otherwise ineligible to possess a firearm under  22-4503; (10) Has not failed to demonstrate satisfactorily, in accordance with a test prescribed by the Chief, a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the requirements of this unit, the responsibilities regarding storage, and the requirements for transport; provided, that once this determination is made with respect to a given applicant for a particular firearm, it need not be made again for the same applicant with respect to a subsequent application for a firearm or for the renewal of a registration certificate pursuant to  7-2502.07a; (11) Is not blind, as defined in D.C. Official Code  7-1009(1); (12)(A) Has not been the respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to  16-1005; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more; or (B) Has not been the respondent in a proceeding in which a foreign protection order, as that term is defined in  16-1041, was issued against the applicant; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years; (13)(A) Has completed a firearms training and safety class provided free of charge by the Chief; or (B) Has submitted evidence of any of the following: (i) That the applicant has received firearms training in the United States military; (ii) A license from another state for which firearms training is required, where the training, as determined by the Chief, is equal to or greater than that provided under subparagraph (A) of this paragraph; or (iii) That the applicant has otherwise completed a firearms training or safety course conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that conducted under subparagraph (A) of this paragraph; (14) Has not been prohibited from possessing or registering a firearm pursuant to  7-2502.08; and (15) Is not the subject of an ex parte extreme risk protection order issued pursuant to  7-2510.04 or a final extreme risk protection order issued pursuant to  7-2510.03 or renewed pursuant to  7-2510.06. (b) Every person applying for a registration certificate shall provide on a form prescribed by the Chief: (1) The full name or any other name by which the applicant is known; (2) The present address and each home address where the applicant has resided during the 5-year period immediately preceding the application; (3) The present business or occupation of the applicant and the address and phone number of the employer; (4) The date and place of birth of the applicant; (5) The sex of the applicant; (6) Whether (and if so, the reasons) the District, the United States or the government of any state or subdivision of any state has denied or revoked the applicants license, registration certificate, or permit pertaining to any firearm; (7) A description of the applicants role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed; (8) Repealed. (9) The caliber, make, model, manufacturers identification number, serial number, and any other identifying marks on the firearm; (10) For a firearm that is not self-manufactured pursuant to  7-2502.02, the name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his dealers license number; (11) Where the firearm will generally be kept; (12) Whether the applicant has applied for other registration certificates issued and outstanding; (13) Such other information as the Chief determines is necessary to carry out the provisions of this unit. (c) Every organization applying for a registration certificate shall: (1) With respect to the president or chief executive of such organization, comply with the requirements of subsection (b) of this section; and (2) Provide such other information as the Chief determines is necessary to carry out the provisions of this unit. (d) Repealed. (e) The Chief shall register no more than one pistol per registrant during any 30-day period; provided, that the Chief may permit a person first becoming a District resident to register more than one pistol if those pistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of the application. (f)(1) A person disqualified under subsection (a)(6)(A) of this section, or 18 U.S.C.  922(g)(4) as a result of a commitment or adjudication that occurred in the District, may petition the Superior Court for the District of Columbia for relief from disqualification. (2) A petition filed pursuant to paragraph (1) of this subsection shall: (A) Be in writing; (B) State the reason the petitioner was disqualified; (C) State facts in support of the petitioner's claim that the petitioner should no longer be disqualified; (D) Include a statement, on a form approved by the court, signed by a licensed physician, psychiatrist, or qualified psychologist within the 30-day period immediately preceding the filing of the petition for relief, stating: (i) The symptoms or behaviors for which the petitioner has been disqualified; (ii) The length of time that the petitioner has no longer experienced those symptoms or behaviors; (iii) The length of time that the petitioner has been compliant with any applicable treatment plans related to the reason the petitioner was disqualified; and (iv) That, in the physician, psychiatrist, or psychologist's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; (E) Be accompanied by any appropriate exhibits, affidavits, or supporting documents, including records of any guardianship, conservatorship, or commitment proceeding related to the petitioner's disqualification; (F) Include 2 statements from individuals who are not related to the petitioner by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship and have known the petitioner for at least 3 years. The individuals' statements shall: (i) Be on a form approved by the court, and signed by the individual within the 30-day period immediately preceding the filing of the petition for relief; (ii) Describe the petitioner's reputation and character; and (iii) State that, in the individual's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; and (G) Be served upon the Office of the Attorney General. (3)(A)(i) Upon receipt of a petition filed under paragraph (1) of this subsection, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that the Office of the Attorney General can conduct a search of the petitioner's mental health records and report its findings to the court as required by subparagraph (B) of this paragraph. (ii) The court shall order the Office of the Attorney General to file a response to the petition. Within 60 days after the court's order for a response, the Office of the Attorney General shall file a response indicating whether the Office of the Attorney General supports or opposes the petition. (iii) The court may, for good cause shown, extend in 30-day increments the date by which the Office of Attorney General must file its response under sub-subparagraph (ii) of this subparagraph. (B) The Office of Attorney General shall: (i) Conduct a reasonable search of all available records of the petitioner's mental health; (ii) Perform a national criminal history and firearms eligibility background check on the petitioner; and (iii) Include its findings under this subparagraph in its response to the court. (C) The Metropolitan Police Department shall, upon request, provide to the Office of Attorney General any records related to the petitioner it has in its possession or could obtain after conducting a reasonable search. (4)(A) The court shall hold a hearing on a petition filed under paragraph (1) of this subsection within 60 days after the date on which the Office of Attorney General files its response. (B) In determining whether to grant a petition filed pursuant to paragraph (1) of this subsection, the court shall consider all relevant evidence, including: (i) The reason the petitioner was disqualified; (ii) The petitioner's mental health and criminal history records; and (iii) Evidence of the petitioner's reputation. (5) The court shall grant a petition filed pursuant to paragraph (1) of this subsection if the petitioner establishes, by a preponderance of the evidence, that: (A) The petitioner would not be likely to act in a manner dangerous to public safety; and (B) Granting the relief would not be contrary to the public interest. (6) If the court grants a petition for relief pursuant to paragraph (5) of this subsection, the court shall issue an order that: (A) States the petitioner is no longer disqualified under subsection (a)(6)(A) of this section; (B) Orders the Clerk of the Court to submit a copy of the order to the Metropolitan Police Department, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency; and (C) Requires that the petitioner's record be updated in the National Instant Criminal Background Check System and any other system used to determine firearm registration eligibility to reflect that the petitioner is no longer disqualified. (7) If the court denies a petition for relief, the court shall state the reasons for its denial in writing. (8) An order granting or denying a petition filed under paragraph (1) of this subsection shall be a final order for the purposes of appeal.  (Sept. 24, 1976, D.C. Law 1-85, title II,  203, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372,  3(d), 56 DCR 1365; June 3, 2011, D.C. Law 18-377,  2(a), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(d), 59 DCR 5691; June 16, 2015, D.C. Law 20-279,  2(c), 62 DCR 1944; May 10, 2019, D.C. Law 22-314,  2(a), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(a), 68 DCR 001034; Oct. 17, 2022, D.C. Act 24-583,  2(c), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2313. 1973 Ed.,  6-1813. Section References This section is referenced in  7-2502.04,  7-2502.05,  7-2502.07a,  7-2502.09, and  7-2504.02. Effect of Amendments D.C. Law 17-372, in subsec. (a)(4), deleted or from the end of par. (A) and added pars. (C) and (D); added subsec. (a)(6A); in subsec. (a)(10), substituted and, in particular, the safe and responsible use, handling, and storage of the same in accordance with training, tests, and standards for and the safe and responsible use of the same in accordance with tests and standards and deleted and from the end; in subsec. (a)(11), substituted a semicolon for a period; added subsecs. (a)(12), (13), and (14); and added subsecs. (d) and (e). D.C. Law 18-377 rewrote subsec. (a)(4)(D); in subsec. (a)(9), substituted firearm for pistol; in subsec. (a)(14), substituted  7-2502.08 for  7-2502.09; rewrote subsec. (b)(3); and repealed subsec. (b)(8). The 2012 amendment by D.C. Law 19-170 rewrote (a)(2); rewrote (a)(4)(B) through (a)(4)(D); added (a)(4)(E); rewrote (a)(10) and (a)(11); rewrote (a)(13)(A) and (a)(13)(B); and repealed (d), which formerly read: The Chief shall require any registered pistol to be submitted for a ballistics identification procedure and shall establish a reasonable fee for the procedure. The 2015 amendment by D.C. Law 20-279 added (a)(4)(F) and made related changes. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(c) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(c) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).   For temporary (90 days) amendment of this section, see  4(c) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) amendment of this section, see  2(a) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) amendment of this section, see  2(a) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2019, 66 DCR 1729).  For temporary (90 day) amendment, see  2(b) of Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-422, July 16, 2008, 55 DCR 8237). For temporary (90 day) amendment of section, see  2(c) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) repeal of D.C. Act 17-422, see  5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) amendment of section, see  2(c) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9). For temporary (90 day) amendment of section, see  3(d) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  502(a) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(a) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section, see  2(d) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(d) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (a) and repeal of (d), see  2(d) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary (90 days) amendment of this section, see  2(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) amendment of this section, see  2(c) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(c) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450).   For temporary (225 days) amendment of this section, see  4(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72502.04. Fingerprints and photographs of applicants; application in person required. (a) The Chief shall require any person applying for a registration certificate to be fingerprinted in order to conduct an efficient and adequate investigation into the matters described in  7-2502.03 and to effectuate the purposes of this unit. The Chief shall maintain a record of the fingerprints of sufficient quality to enable periodic investigation to ensure compliance with  7-2502.03. (b) The Chief shall take a digitalized, full-face photograph of each applicant, other than an organization, to be included as part of a persons firearms registration application. The photo shall be taken simultaneously with the filing of the application. (c) Every applicant (or in the case of an organization, the president or chief executive, or a person authorized in writing by him), shall appear in person at a time and place prescribed by the Chief, and may be required to bring with him the firearm for which a registration certificate is sought, which shall be transported in accordance with  22-4504.02.  (Sept. 24, 1976, D.C. Law 1-85, title II,  204, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372,  3(e), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(e), 59 DCR 5691.)  Prior Codifications 1981 Ed.,  6-2314. 1973 Ed.,  6-1814. Effect of Amendments D.C. Law 17-372, in subsec. (a), substituted 6 years for 5 years; and, in subsec. (c), substituted shall be transported in accordance with  22-4504.02 for shall be unloaded and securely wrapped, and carried in open view. The 2012 amendment by D.C. Law 19-170 rewrote (a) and (b). Emergency Legislation For temporary (90 day) amendment of section, see  3(e) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(e) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(e) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (a) and (b), see  2(e) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72502.05. Application signed under oath; fees. (a) Each applicant (the president or chief executive in the case of an organization) shall sign an oath or affirmation attesting to the truth of all the information required by  7-2502.03 or  7-2502.07a. (b) Each application required by this subchapter shall be accompanied by a nonrefundable fee to be established by the Mayor; provided, that such fee shall, in the judgment of the Mayor, reimburse the District for the cost of services provided under this subchapter. (c) Any declaration, certificate, verification, or statement made for purposes of firearm registration under this title shall be made under penalty of perjury pursuant to D.C. Official Code  22-2402. Except as required in  7-2502.03(a)(1), no document shall be required to be notarized.  (Sept. 24, 1976, D.C. Law 1-85, title II,  205, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(f), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(f), 59 DCR 5691.)  Prior Codifications 1981 Ed.,  6-2315. 1973 Ed.,  6-1815. Section References This section is referenced in  7-2507.06. Effect of Amendments D.C. Law 17-372, in subsec. (a), substituted  7-2502.03 or  7-2502.07a for  7-2502.03. The 2012 amendment by D.C. Law 19-170 added (c). Emergency Legislation For temporary (90 day) amendment of section, see  3(f) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(f) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(f) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary addition of (c), see  2(f) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). Delegation of Authority Delegation of Authority pursuant to D.C. Law 1-85, the Firearms Control Regulation Act of 1975
 72502.06. Time for filing registration applications.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) An application for a registration certificate shall be filed (and a registration certificate issued) prior to taking possession of a firearm from a licensed dealer or from any person or organization holding a registration certificate therefor. In all other cases, an application for registration shall be filed immediately after a firearm is brought into the District. It shall be deemed compliance with the preceding sentence if such person personally communicates with the Metropolitan Police Department (as determined by the Chief to be sufficient) and provides such information as may be demanded; provided, that such person files an application for a registration certificate within 48 hours after such communication. (b) Repealed. (c) Notwithstanding subsection (a) of this section, a person seeking a registration certificate for a firearm that the person has self-manufactured shall file a registration application within 5 business days of completing manufacture of the firearm.  (Sept. 24, 1976, D.C. Law 1-85, title II,  206, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Sept. 29, 2012, D.C. Law 19-170,  2(g), 59 DCR 5691; Oct. 17, 2022, D.C. Act 24-583,  2(d), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2316. 1973 Ed.,  6-1816. Effect of Amendments The 2012 amendment by D.C. Law 19-170 repealed (b), which formerly read: Any firearm validly registered under prior regulations must be registered pursuant to this unit in accordance with procedures to be promulgated by the Chief. An application to register such firearm shall be filed pursuant to this unit within 60 days of September 24, 1976. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(d) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(d) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).  For temporary (90 day) repeal of section, see  2(g) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) repeal of section, see  2(g) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary repeal of (b), see  2(g) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(d) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450). 
 72502.07. Issuance of registration certificate; time period; corrections. (a) Upon receipt of a properly executed application for registration certificate, the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicate and bear a unique registration certificate number and such other information as the Chief determines is necessary to identify the applicant and the firearm registered. The duplicate of the registration certificate shall be delivered to the applicant and the Chief shall retain the original. (b) The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government; provided, that in the case of an application to register a firearm validly registered under prior regulations, the Chief shall have 365 days after the receipt of such application to approve or deny such application. The Chief may hold in abeyance an application where there is a revocation proceeding pending against such person or organization. (c) Upon receipt of a registration certificate, each applicant shall examine same to ensure that the information thereon is correct. If the registration certificate is incorrect in any respect, the person or organization named thereon shall return it to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application setting forth the correct information, and a statement explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application. (d) In the event the Chief learns of an error in a registration certificate other than as provided in subsection (c) of this section, he may require the holder to return the registration certificate for correction. If the error resulted from information contained in the application, the person or organization named therein shall be required to file an amended application as provided in subsection (c) of this section. (e) Each registration certificate issued by the Chief shall be accompanied by a statement setting forth the registrants duties under this unit. (f) In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officer who is a resident of the District of Columbia for a pistol and ammunition which conforms to the Metropolitan Police Department General Orders and policies. (g) When the retired police officer ceases to be a resident of the District of Columbia the registration certificate expires. (h) Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. If the Chief of Police denies a retired police officers registration certificate application, the Chief of Police shall state the reasons for the denial in writing. (i) The District of Columbia shall not incur any liability by reason of the issuance or denial of a certificate, nor for any use made of the registered firearm.  (Sept. 24, 1976, D.C. Law 1-85, title II,  207, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266,  2(c), 39 DCR 5676.)  Prior Codifications 1981 Ed.,  6-2317. 1973 Ed.,  6-1817.
 72502.07a. Expiration and renewal of registration certificate. (a) Registration certificates shall expire 3 years after the date of issuance unless renewed in accordance with this section for subsequent 3-year periods. (b) A registrant shall be eligible for renewal of registration of a firearm if the registrant continues to meet all of the initial registration requirements set forth in  7-2502.03(a) and follows any procedures the Chief may establish by rule. (c)(1) For each renewal, a registrant shall submit a statement to the Metropolitan Police Department attesting to: (A) Possession of the registered firearm; (B) The registrants address; and (C) The registrants continued compliance with all registration requirements set forth in  7-2502.03(a). (2) The statement submitted pursuant to paragraph (1) of this subsection shall be on a form provided by the Chief that can be submitted online via the Metropolitan Police Department website, by mail, or in person. (d) Repealed. (e)(1) The Metropolitan Police Department shall mail a renewal notice to each registrant at least 90 days prior to the expiration of the registration certificate. (2) A renewal application shall be received by the Metropolitan Police Department at least 60 days prior to the expiration of the current registration certificate to ensure timely renewal. (3) It is the duty of the registrant to timely renew a registration before its expiration date and a failure of the Metropolitan Police Department to mail or the registrant to receive the notice required under paragraph (1) of this subsection shall not prevent a registration from expiring as of that date. (f) Repealed. (g) The Chief shall establish, by rule, a method for conducting the renewal of registration certificates for all firearms registered before January 1, 2011. This method shall be established before January 1, 2014. (h) Notwithstanding subsection (a) of this section, no registration certificate shall expire and no renewal of a registration certificate shall be required earlier than provided in the rule established pursuant to subsection (g) of this section.  (Sept. 24, 1976, D.C. Law 1-85, title II,  207a; as added Mar. 31, 2009, D.C. Law 17-372,  3(g), 56 DCR 1365; June 3, 2011, D.C. Law 18-377,  2(b), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(h), 59 DCR 5691.)  Section References This section is referenced in  7-2502.05. Effect of Amendments D.C. Law 18-377 substituted  7-2502.03(a) for  7-2502.03. The 2012 amendment by D.C. Law 19-170 added the (c)(1) designation; redesignated former (c)(1) through (c)(3) as (c)(1)(A) through (c)(1)(C); added (c)(2); repealed (d), which formerly read: A registrant shall submit to a background check once every 6 years to confirm that the registrant continues to qualify for registration under  7-2502.03(a); repealed (f), which formerly read: An applicant for the renewal of a registration certificate may be charged a reasonable fee to cover the administrative costs incurred by the Metropolitan Police Department in connection with the renewal; in (g), in the first sentence, substituted registration certificates for registrations and before January 1, 2011 for prior to March 31, 2009 and rewrote the second sentence; and added (h). Emergency Legislation For temporary (90 day) addition, see  3(g) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  502(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section, see  2 of Firearms Registration Renewal Emergency Amendment Act of 2012 (D.C. Act 19-324, March 18, 2012, 59 DCR 2258). For temporary (90 day) amendment of section, see  2(h) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(h) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (c) and (g), repeal of (d) and (f), and addition of (h), see  2(h) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72502.08. Duties of registrants. (a) Each person or organization holding a registration certificate (for purposes of this section, registrant) shall: (1) Notify the Chief in writing of the loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction; (2) Notify the Chief in writing within 30 days of a change in the registrants name or address as it appears on the registration certificate; (3) Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 business days of such sale, transfer, or other disposition. The notification shall include: (A) The identification of the registrant, the firearm, and the serial number of the registration certificate; (B) The name, address, and date of birth of the person to whom the firearm has been sold or transferred; and (C) Whether the firearm was sold or how it was otherwise transferred or disposed of. (b) Each registrant shall return to the Chief the registration certificate for any firearm which is lost, stolen, destroyed, sold, or otherwise transferred or disposed of, at the time the registrant notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition. (c) Each registrant shall have in the registrants possession, whenever in possession of a firearm, the registration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer. (d) The duties set forth in subsections (a) through (c) of this section are in addition to any other requirements imposed by this unit or other applicable law. (e)(1) A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section. (2) A registrant shall be subject to a civil fine of $500 for the second violation or omission of the duties and requirements imposed by this section, a registrants registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years. (3) A registrant shall be subject to a civil fine of $1,000 for the third violation or omission of the duties and requirements imposed by this section, a registrants registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm. (4) For the purposes of this subsection, a violation or omission that applies to multiple firearms shall constitute a single violation or omission if the violation or omission pertaining to each firearm arose from the same occurrence. (5) The penalties prescribed in  7-2507.06 shall not apply to a violation or omission of the duties and requirements imposed by this section.  (Sept. 24, 1976, D.C. Law 1-85, title II,  208, 23 DCR 2464; June 3, 2011, D.C. Law 18-377,  2(c), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(i), 59 DCR 5691.)  Prior Codifications 1981 Ed.,  6-2318. 1973 Ed.,  6-1818. Section References This section is referenced in  7-2502.03,  7-2507.06, and  24-261.02a. Effect of Amendments D.C. Law 18-377 rewrote the section, which formerly read: Each person and organization holding a registration certificate, in addition to any other requirements imposed by this unit, or the acts of Congress, shall: (1) Notify the Chief in writing of: (A) The loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction; (B) A change in any of the information appearing on the registration certificate or required by  7-2502.03; (C) The sale, transfer or other disposition of the firearm not less than 48 hours prior to delivery, pursuant to such sale, transfer or other disposition, including: (i) Identification of the registrant, the firearm and the serial number of the registration certificate; (ii) The name, residence, and business address and date of birth of the person to whom the firearm has been sold or transferred; and (iii) Whether the firearm was sold or how it was otherwise transferred or disposed of. (2) Return to the Chief, the registration certificate for any firearm which is lost, stolen, destroyed, or otherwise transferred or disposed of, at the time he notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition. (3) Have in his possession, whenever in possession of a firearm, the registration certificate for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer. The 2012 amendment by D.C. Law 19-170 added penalties in the section heading. Cross References Applicability to private operator, see  24-261.02a. Emergency Legislation For temporary (90 day) amendment of section, see  502(c) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(c) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section heading, see  2(i) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section heading, see  2(i) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of the section heading, see  2(i) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72502.09. Revocation of registration certificate. (a) A registration certificate shall be revoked if: (1) Any of the criteria in  7-2502.03(a) are not currently met; (2) The registered firearm has become an unregisterable firearm under the terms of  7-2502.02, or a destructive device; or (3) The information furnished to the Chief on the application for a registration certificate proves to be intentionally false. (4) Repealed. (b) Repealed.  (Sept. 24, 1976, D.C. Law 1-85, title II,  209, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(h), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, 2(d), 58 DCR 1174.)  Prior Codifications 1981 Ed.,  6-2319. 1973 Ed.,  6-1819. Section References This section is referenced in  2-1831.03 and  24-261.02a. Effect of Amendments D.C. Law 17-372 designated subsec. (a); in subsec. (a), inserted or at the end of par. (2), substituted a period for ; and at the end of par. (3), and repealed par. (4); and added subsec. (b). Prior to repeal, par. (4) of subsec. (a) read as follows: (4) There is a violation or omission of the duties, obligations or requirements imposed by  7-2502.08. D.C. Law 18-377, in subsec. (a)(1), substituted  7-2502.03(a) for  7-2502.03; and rewrote subsec. (b). Cross References Applicability to private operator, see  24-261.02a. Emergency Legislation For temporary (90 day) amendment of section, see  3(h) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  502(d) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(d) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
 72502.10. Procedure for denial and revocation of registration certificate. (a) If it appears to the Chief that an application for a registration certificate should be denied or that a registration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice first class mail, postage prepaid, to the residence address identified on the application or certificate. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof by preparing an affidavit identifying the person served and stating the time, place, and manner of service. The applicant or registrant shall have 15 days from the date the notice is served in which to submit further evidence in support of the application or qualifications to continue to hold a registration certificate, as the case may be; provided, that if the applicant does not make such a submission within 15 days from the date of service, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial or revocation shall become final. (b) Within 10 days of the date upon which the Chief receives such a submission, he shall serve upon the applicant or registrant in the manner specified in subsection (a) of this section notice of his final decision. The Chiefs decision shall become effective at the expiration of the time within which to file a notice of appeal pursuant to the District of Columbia Administrative Procedure Act ( 2-501 et seq.) or, if such a notice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomes effective. (c) Within 7 days of a decision unfavorable to the applicant or registrant becoming final, the applicant or registrant shall: (1) Peaceably surrender to the Chief the firearm for which the registration certificate was revoked in the manner provided in  7-2507.05; or (2) Lawfully remove such firearm from the District for so long as he has an interest in such firearm; or (3) Otherwise lawfully dispose of his interest in such firearm. (d) If a firearm is in the possession of the Chief, the Chief may maintain possession of the firearm for which the registrant is temporarily or permanently prohibited from having lawful possession until final disposition of the matter.  (Sept. 24, 1976, D.C. Law 1-85, title II,  210, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372,  3(i), 56 DCR 1365.)  Prior Codifications 1981 Ed.,  6-2320. 1973 Ed.,  6-1820. Section References This section is referenced in  2-1831.03,  7-2504.06,  7-2505.01, and  7-2507.05. Effect of Amendments D.C. Law 17-372 rewrote subsec. (a); and added subsec. (d). Emergency Legislation For temporary (90 day) amendment of section, see  3(i) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
 72502.11. Information prohibited from use as evidence in criminal proceedings. No information obtained from a person under this subchapter or retained by a person in order to comply with any section of this subchapter, shall be used as evidence against such person in any criminal proceeding with respect to a violation of this unit, occurring prior to or concurrently with the filing of the information required by this subchapter; provided, that this section shall not apply to any violation of  22-2402, or  7-2507.04.  (Sept. 24, 1976, D.C. Law 1-85, title II,  211, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-24,  13, 30 DCR 3341.)  Prior Codifications 1981 Ed.,  6-2321. 1973 Ed.,  6-1821. Emergency Legislation For temporary (90 days) addition of D.C. Law 1-85,  211a, concerning freedom of information exception, see  2(c) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) repeal of emergency D.C. Act 20-447,  4, the acts applicability clause, see  2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187). For temporary (90 days) addition of D.C. Law 1-85,  211a, concerning a freedom of information exception, see  2(d) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of emergency D.C. Act 20-447, see  4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of temporary D.C. Act 20-169, see  4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). Temporary Legislation For temporary (225 days) addition of D.C. Law 1-85,  211a, concerning a freedom of information exception, see  2(c) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814).
 72502.11a. Freedom of information exception. Any record regarding a person who has applied for, received, or had revoked any registration issued pursuant to this subchapter shall not be made available as a public record under  2-532.  (Sept. 24, 1976, D.C. Law 1-85, title II,  211a; as added June 16, 2015, D.C. Law 20-279,  2(d), 62 DCR 1944.)  Emergency Legislation For temporary (90 days) addition of this section, see  2(d) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451).
 72502.12. Definition of self-defense sprays. For the purposes of  7-2502.12 through 7-2502.14, the term: Self-defense spray means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.  (Sept. 24, 1976, D.C. Law 1-85, title II,  212; as added Mar. 17, 1993, D.C. Law 9-244,  2, 40 DCR 647; May 16, 1995, D.C. Law 10-255,  10(a), 41 DCR 5193.)  Prior Codifications 1981 Ed.,  6-2322. Section References This section is referenced in  7-2502.13.
 72502.13. Possession of self-defense sprays. (a) Notwithstanding the provisions of  7-2501.01(7)(C), a person may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the persons property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life. (b) No person shall possess a self-defense spray which is of a type other than that specified in  7-2502.12 to 7-2502.14.  (Sept. 24, 1976, D.C. Law 1-85, title II,  213; as added Mar. 17, 1993, D.C. Law 9-244,  2, 40 DCR 647; May 16, 1995, D.C. Law 10-255,  10(b), 41 DCR 5193; May 19, 2017, D.C. Law 21-281,  2(b), 64 DCR 1648.)  Prior Codifications 1981 Ed.,  6-2323. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(b) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) amendment of this section, see  2(b) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907). 
 72502.14. Registration of self-defense sprays. [Repealed] Repealed.  (Sept. 24, 1976, D.C. Law 1-85, title II,  214; as added Mar. 17, 1993, D.C. Law 9-244,  2, 40 DCR 647; May 19, 2017, D.C. Law 21-281,  2(c), 64 DCR 1648.)  Prior Codifications 1981 Ed.,  6-2324. Emergency Legislation  For temporary (90 days) repeal of this section, see  2(c) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) repeal of this section, see  2(c) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907). 
 72502.15. Possession of stun guns. (a) No person under 18 years of age shall possess a stun gun in the District; provided, that brief possession for self-defense in response to an immediate threat of harm shall not be a violation of this subsection. (b) No person who possesses a stun gun shall use that weapon except in the exercise of reasonable force in defense of person or property. (c) Unless permission specific to the individual and occasion is given, no person, except a law enforcement officer as defined in  7-2509.01, shall possess a stun gun in the following locations: (1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities; (2) A penal institution, secure juvenile residential facility, or halfway house; (3) A building or portion thereof, occupied by a children's facility, preschool, or public or private elementary or secondary school; or (4) Any building or grounds clearly posted by the owner or occupant to prohibit the carrying of a stun gun.  (Sept. 24, 1976, D.C. Law 1-85, title II,  215; as added May 19, 2017, D.C. Law 21-281,  2(d), 64 DCR 1648.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2(d) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) creation of this section, see  2(d) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907). 
 72502.16. Sale of stun guns. (a) In order to lawfully sell a stun gun in the District, a vendor shall obtain pursuant to  47-2851.03(e) a stun gun endorsement on its basic business license from the Department of Consumer and Regulatory Affairs ("Department") on a form to be provided by the Department. (b) This section shall not apply to a vendor who sells fewer than 5 stun guns in a 12- month period.  (Sept. 24, 1976, D.C. Law 1-85, title II,  216; as added May 19, 2017, D.C. Law 21-281,  2(d), 64 DCR 1648.)  Emergency Legislation  For temporary (90 days) addition of this section, see  2(d) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) creation of this section, see  2(d) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907). 
 72503.01. Rights and responsibilities of executors and administrators. (a) The executor or administrator of an estate containing a firearm shall notify the Chief of the death of the decedent within 30 days of his appointment or qualification, whichever is earlier. (b) Until the lawful distribution of such firearm to an heir or legatee or the lawful sale, transfer, or disposition of the firearm by the estate, the executor or administrator of such estate shall be charged with the duties and obligations which would have been imposed by this unit upon the decedent, if the decedent were still alive; provided, that such executor or administrator shall not be liable to the criminal penalties of  7-2507.06.  (Sept. 24, 1976, D.C. Law 1-85, title III,  301, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19,  3, 30 DCR 3328.)  Prior Codifications 1981 Ed.,  6-2331. 1973 Ed.,  6-1831.
 72504.01. Manufacture of firearms, destructive devices or ammunition prohibited; requirement for dealers license.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) No person or organization shall engage in the business of manufacturing any firearm, destructive device or parts thereof, or ammunition, within the District; provided, that: (1) Nothing in this section shall preclude persons not otherwise prohibited from possessing firearms from making their own firearms solely for personal use (not for sale or distribution) in accordance with this unit, rules implementing this unit, and any applicable federal law or regulation; and (2) A person holding registration certificates may engage in hand loading, reloading, or custom loading ammunition for his or her registered firearms; provided further, that such person may not hand load, reload, or custom load ammunition for others. (b) No person or organization shall engage in the business of selling, purchasing, or repairing any firearm, destructive device, parts therefor, or ammunition, without first obtaining a dealers license, and no licensee shall engage in the business of selling, purchasing, or repairing firearms which are unregisterable under  7-2502.02, destructive devices, or parts therefor, except pursuant to a valid work or purchase order, for those persons specified in  7-2502.01(b)(1). (c) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  401, 23 DCR 2464; Apr. 20, 1999, D.C. Law 12-261,  2003(k)(1), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,  3(i)(1), 50 DCR 6913; Oct. 17, 2022, D.C. Act 24-583,  2(e), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2341. 1973 Ed.,  6-1841. Section References This section is referenced in  7-2508.01. Effect of Amendments D.C. Law 15-38, in subsec. (c), substituted Public Safety endorsement to a basic business license under the basic for Class A Public Safety endorsement to a master business license under the master. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(e) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(e) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).  For temporary (90 day) amendment of section, see  3(i)(1) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(e) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450). 
 72504.02. Qualifications for dealers license; application; fee. (a) Any person eligible to register a firearm under this unit and who, if a registrant, has not previously failed to perform any of the duties imposed by this unit; and, any person eligible under the acts of Congress to engage in such business, may obtain a dealers license, or a renewal thereof, which shall be valid for a period of not more than 1 year from the date of issuance. The license required by this unit, shall be in addition to any other license or licensing procedure required by law. (b) Each application for a dealers license and each application for renewal thereof shall be made on a form prescribed by the Chief, shall be sworn to or affirmed by the applicant, and shall contain: (1) The information required by  7-2502.03(a); (2) The address where the applicant conducts or intends to conduct his business; (3) Whether the applicant, prior to September 24, 1976, held a license to deal in deadly weapons in the District; and (4) Such other information as the Chief may require, including fingerprints and photographs of the applicant, to carry out the purposes of this unit. (c) Each application for a dealers license, or renewal shall be accompanied by a fee established by the Mayor; provided, that such fee shall in the judgment of the Mayor, reimburse the District for the cost of services provided under this subchapter. (d) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  402, 23 DCR 2464; Apr. 20, 1999, D.C. Law 12-261,  2003(k)(2), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,  3(i)(2), 50 DCR 6913.)  Prior Codifications 1981 Ed.,  6-2342. 1973 Ed.,  6-1842. Section References This section is referenced in  7-2504.04. Effect of Amendments D.C. Law 15-38, in subsec. (c), substituted Public Safety endorsement to a basic business license under the basic for Class A Public Safety endorsement to a master business license under the master. Emergency Legislation For temporary (90 day) amendment of section, see  3(i)(2) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Delegation of Authority Delegation of Authority pursuant to D.C. Law 1-85, the Firearms Control Regulation Act of 1975
 72504.03. Issuance of dealers license; time period; corrections. (a) Upon receipt of a properly executed application for a dealers license, or renewal thereof, the Chief, upon determining through further inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit thereto, shall issue a dealers license. Each dealers license shall be in duplicate and bear a unique dealers license number, and such other information as the Chief determines is necessary to identify the applicant and premises. The duplicate of the dealers license shall be delivered to the applicant and the Chief shall retain the original. (b) The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government. The Chief may hold in abeyance an application where there is any firearms revocation proceeding pending against such person. (c) Upon receipt of a dealers license, each applicant shall examine the same to ensure that the information thereon is correct. If the dealers license is incorrect in any respect, the person named thereon shall return the same to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application. (d) In the event the Chief learns of an error in a dealers license, other than as provided in subsection (c) of this section, he may require the holder to return the dealers license for correction. If the error resulted from information contained in the application, the person named therein shall be required to file an amended application as provided in subsection (c) of this section. (e) Each dealers license issued by the Chief shall be accompanied by a statement setting forth a dealers duties under this unit.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  403, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2343. 1973 Ed.,  6-1843.
 72504.04. Duties of licensed dealers; records required. (a) Each person holding a dealers license, in addition to any other requirements imposed by this unit, the acts of Congress, and other law, shall: (1) Display the dealers license in a conspicuous place on the premises; (2) Notify the Chief in writing: (A) Of the loss, theft, or destruction of the dealers license (including the circumstances, if known) immediately upon the discovery of such loss, theft, or destruction or of the loss, theft, or destruction of any firearms or ammunition in the dealers inventory; (B) Of a change in any of the information appearing on the dealers license or required by  7-2504.02 immediately upon the occurrence of any such change; (3) Keep at the premises identified in the dealers license a true and current record in book form of: (A) The name, address, home phone, and date of birth of each employee handling firearms, ammunition, or destructive devices; (B) Each firearm or destructive device received into inventory or for repair including the: (i) Serial number, caliber, make, model, manufacturers number (if any), dealers identification number (if any), registration certificate number (if any) of the firearm, and similar descriptive information for destructive devices; (ii) Name, address, and dealers license number (if any) of the person or organization from whom the firearm or destructive device was purchased or otherwise received; (iii) Consideration given for the firearm or destructive device, if any; (iv) Date and time received by the licensee and in the case of repair, returned to the person holding the registration certificate; and (v) Nature of the repairs made; (C) Each firearm or destructive device sold or transferred including the: (i) Serial number, caliber, make, model, manufacturers number or dealers identification number, and registration certificate number (if any) of the firearm or similar information for destructive devices; (ii) Name, address, registration certificate number or license number (if any) of the person or organization to whom transferred; (iii) The consideration for transfer; and (iv) Time and date of delivery of the firearm or destructive device to the transferee; (D) Ammunition received into inventory including the: (i) Brand and number of rounds of each caliber or gauge; (ii) Name, address, and dealers license or registration number (if any) of the person or organization from whom received; (iii) Consideration given for the ammunition; and (iv) Date and time of the receipt of the ammunition; (E) Ammunition sold or transferred including: (i) Brand and number of rounds of each caliber or gauge; (ii) Name, address and dealers license number (if any) of the person or organization to whom sold or transferred; (iii) If the purchaser or transferee is not a licensee, the registration certificate number of the firearm for which the ammunition was sold or transferred; (iv) The consideration for the sale and transfer; and (v) The date and time of sale or transfer. (b) The records required by subsection (a) of this section shall upon demand be exhibited during normal business hours to any member of the Metropolitan Police Department. In addition, the records required by subsection (a) of this section shall be submitted upon demand with the dealers application for license renewal. (c) Each person holding a dealers license shall, when required by the Chief in writing, submit on a form and for the periods of time specified, any record information required to be maintained by subsection (a) of this section, and any other information reasonably obtainable therefrom.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  404, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(j), 56 DCR 1365.)  Prior Codifications 1981 Ed.,  6-2344. 1973 Ed.,  6-1844. Section References This section is referenced in  7-2504.05. Effect of Amendments D.C. Law 17-372, in subsec. (a)(2)(A), substituted destruction or of the loss, theft, or destruction of any firearms or ammunition in the dealers inventory; for destruction;; and, in subsec. (b), added the second sentence. Emergency Legislation For temporary (90 day) amendment of section, see  3(j) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
 72504.05. Revocation of dealers license. A dealers license shall be revoked if: (1) Any of the criteria in  7-2504.04 is not currently met; (2) The information furnished to the Chief on the application for a dealers license proves to be intentionally false; (3) There is a violation or omission of the duties, obligations, or requirements imposed by  7-2504.04; or (4) The license holder no longer meets any of the criteria required by this subchapter.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  405, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(k), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(j), 59 DCR 5691.)  Prior Codifications 1981 Ed.,  6-2345. 1973 Ed.,  6-1845. Effect of Amendments D.C. Law 17-372, in pars. (1) and (2), deleted or at the end; in par. (3), substituted ; or for a period; and added par. (4). The 2012 amendment by D.C. Law 19-170 substituted subchapter for unit in (4). Emergency Legislation For temporary (90 day) amendment of section, see  3(k) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(j) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(j) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (4), see  2(j) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72504.06. Procedure for denial and revocation of dealers license. (a) If it appears to the Chief that an application for a dealers license should be denied or that a dealers license should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation briefly stating the reason or reasons therefor. Service may be made as provided for in  7-2502.10(a). The applicant or dealer shall have 15 days from the date of service in which to submit further evidence in support of the application or qualifications to continue to hold a dealers license, as the case may be; provided, that if the applicant or dealer does not make such a submission within 15 days from the date of service, the applicant or dealer shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial or revocation shall become final. (b) Within 10 days of the date upon which the Chief receives such a submission, the Chief shall serve upon the applicant or registrant in the manner provided in  7-2502.10(a) notice of his final decision. The Chief s decision shall become effective at the expiration of the time within which to file a notice of appeal pursuant to the District of Columbia Administrative Procedure Act ( 2-501 et seq.) or, if such a notice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomes effective. (c) Within 45 days of a decision becoming effective, which is unfavorable to a licensee or to an applicant for a dealers license, the licensee or applicant shall: (1) If he is eligible to register firearms pursuant to this unit, register such firearms in his inventory as are capable of registration pursuant to this unit; (2) Peaceably surrender to the Chief any firearms in his inventory which he does not register, and all destructive devices in his inventory in the manner provided for in  7-2507.05; (3) Lawfully remove from the District any firearm in his inventory which he does not register and all destructive devices and ammunition in his inventory for so long as he has an interest in them; or (4) Otherwise lawfully dispose of any firearms in his inventory which he does not register and all destructive devices and ammunition in his inventory.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  406, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780.)  Prior Codifications 1981 Ed.,  6-2346. 1973 Ed.,  6-1846. Section References This section is referenced in  2-1831.03.
 72504.07. Display of firearms or ammunition by dealers; security; employees of dealers. (a) No licensed dealer shall display any firearm or ammunition in windows visible from a street or sidewalk. All firearms, destructive devices, and ammunition shall be kept at all times in a securely locked place affixed to the premises except when being shown to a customer, being repaired, or otherwise being worked on. (b) No licensee shall knowingly employ any person in his establishment if such person would not be eligible to register a firearm under this unit.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  407, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2347. 1973 Ed.,  6-1847.
 72504.08. Identification number on firearm required before sale.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) No person or organization shall sell or offer for sale any firearm, including a frame or receiver, which does not have imbedded into the metal portion of such firearm a unique manufacturers identification number or serial number, unless the licensee shall have imbedded into the metal portion of such firearm a unique dealers identification number. (b) Beginning on January 1, 2018, no licensee shall sell or offer for sale any semiautomatic pistol manufactured on or after January 1, 2018, that is not microstamp-ready as required by and in accordance with  7-2505.03.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  408, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(l), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, 2(e), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(k), 59 DCR 5691; Feb. 26, 2015, D.C. Law 20-155,  3022(a), 61 DCR 9990; June 30, 2016, D.C. Law 21-125,  701(a), 63 DCR 4659; Oct. 17, 2022, D.C. Act 24-583,  2(f), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2348. 1973 Ed.,  6-1848. Effect of Amendments D.C. Law 17-372 designated subsec. (a); and added subsec. (b). D.C. Law 18-377, in subsec. (b), substituted January 1, 2013 for January 1, 2011. The 2012 amendment by D.C. Law 19-170 substituted January 1, 2014 for January 1, 2013 twice in (b). The 2015 amendment by D.C. Law 20-155 substituted January 1, 2016 for January 1, 2014 twice in (b). Emergency Legislation  For temporary (90 days) amendment of this section, see  2(f) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).  For temporary (90 day) amendment of section, see  3(l) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  502(e) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(e) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section, see  2(k) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(k) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (b), see  2(k) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary amendment of this section, see  2(a) of the Microstamping Implementation Emergency Amendment Act of 2013 (D.C. Act 20-261, January 2, 2014, 61 DCR 324). For temporary (90 days) amendment of this section, see  3022(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  3022(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  3022(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) amendment of this section, see  2(a) of the Microstamping Implementation Emergency Amendment Act of 2015 (D.C. Act 21-258, Jan. 6, 2016, 63 DCR 530). For temporary (90 days) amendment of this section, see  2(a) of the Microstamping Implementation Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-329, Mar. 16, 2016, 63 DCR 4298). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(f) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450).  For temporary (225 days) amendment of this section, see  2(a) of the Microstamping Implementation Temporary Amendment Act of 2014 (D.C. Law 20-93, March 11, 2014, 61 DCR 783). For temporary (225 days) amendment of this section, see  2(a) of the Microstamping Implementation Temporary Amendment Act of 2015 (D.C. Law 21-93, Mar. 23, 2016, 63 DCR 993).
 72504.09. Certain information obtained from or retained by dealers not to be used as evidence in criminal proceedings. No information obtained from or retained by a licensed dealer to comply with this unit shall be used as evidence against such licensed dealer in any criminal proceeding with respect to a violation of this unit occurring prior to or concurrently with the filing of such information; provided, that this section shall not apply to any violation of  22-2402, or of  7-2507.04.  (Sept. 24, 1976, D.C. Law 1-85, title IV,  409, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-24,  13, 30 DCR 3341.)  Prior Codifications 1981 Ed.,  6-2349. 1973 Ed.,  6-1849. Emergency Legislation For temporary (90 day) addition of section, see  2(l) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) addition of section, see  2(l) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
 72504.10. District as federal firearms licensee. (a) Whenever there is no active federal firearms licensee in the District of Columbia, the Mayor may seek from federal authorities a license for the District to act as a federal firearms licensee solely for the benefit of any District resident eligible and seeking to obtain a lawful handgun. (b) The Mayor shall delegate the authority under subsection (a) of this section to a subordinate agency. (c) The District shall act under the license obtained pursuant to subsection (a) of this section only until such time as there is an active federal firearms licensee in the District of Columbia. (d) The District may charge a fee to recover the cost of acting as a federal firearms licensee pursuant to subsection (a) of this section by charging $125 or its actual costs, whichever is less, for each handgun. (e) For the purposes of this section, the term active federal firearms licensee means a person or business that has applied for and received a federal firearms license pursuant to 18 U.S.C.  923 for the purpose of interstate transfer of handguns, and is operating commercially in the District of Columbia.  (Sept. 24, 1976, D.C. Law 1-85,  410; as added Sept. 29, 2012, D.C. Law 19-170,  2(l), 59 DCR 5691.)  Emergency Legislation For temporary (90 day) addition of section, see  2(l) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary addition of section, see  2(l) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72509.01. Definitions. For the purposes of this subchapter, the term: (1) Child means a person under 18 years of age. (2) Concealed pistol means a loaded or unloaded pistol carried on or about a person entirely hidden from view of the public, or carried on or about a person in a vehicle in such a way as it is entirely hidden from view of the public. (3) Law enforcement officer means a sworn member of the Metropolitan Police Department or of any other law enforcement agency operating and authorized to make arrests in the District of Columbia, and includes an MPD reserve officer, a special police officer appointed pursuant to  5-129.02, and a campus and a university special police officer appointed pursuant to the College and University Campus Security Amendment Act of 1995, effective October 18, 1995 (D.C. Law 11-63; 6A DCMR  1200et seq.).  et seq.  (4) License means a license to carry a concealed pistol issued pursuant to   22-4506. (5) Licensee means a person who has been issued a license pursuant to   22-4506. (6) MPD means the Metropolitan Police Department. (7) Section 6 of the Pistols and Other Dangerous Weapons Act means   22-4506.  (Sept. 24, 1976, D.C. Law 1-85,  901; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.)  Emergency Legislation For temporary (90 days) addition of this subchapter, see  2(f) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451).
 72509.02. Application requirements. (a) A person who submits an application pursuant to  22-4506 shall certify and demonstrate to the satisfaction of the Chief that he or she: (1) Is at least 21 years of age; (2) Meets all of the requirements for a person registering a firearm pursuant to this unit, and has obtained a registration certificate for the pistol that the person is applying to carry concealed; (3)(A) Does not currently suffer from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; or (B) If he or she has suffered in the previous 5 years from a mental illness or condition that created a substantial risk that he or she was a danger to himself or herself or others, no longer suffers from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; (4) Has completed a firearms training course or combination of courses, conducted by an instructor (or instructors) certified by the Chief, which includes at least 16 hours of training, and covers the following: (A) Firearm safety; (B) Firearm nomenclature; (C) Basic principles of marksmanship; (D) Care, cleaning, maintenance, loading, unloading, and storage of pistols; (E) Situational awareness, conflict management, and use of deadly force; (F) Selection of pistols and ammunition for defensive purposes; and (G) All applicable District and federal firearms laws, including the requirements of this unit, Chapter 45 of Title 22 [ 22-4501 et seq.], and District law pertaining to self-defense; (5) Has completed at least 2 hours of range training, conducted by an instructor certified by the Chief, including shooting a qualification course of 50 rounds of ammunition from a maximum distance of 15 yards (45 feet); and (6) Has complied with any procedures the Chief may establish by rule. (b) An applicant shall satisfy the requirements of subsection (a)(4) and (a)(5) of this section with a certification from a firearms instructor that the applicant: (1) Demonstrated satisfactory completion of the requirements of subsection (a)(4) and (a)(5) of this section; and (2) Possesses the proper knowledge, skills, and attitude to carry a concealed pistol. (c) An applicant may be exempt from some or all of the requirements of subsection (a)(4) and (a)(5) of this section if the applicant has submitted evidence that he or she has received firearms training in the United States military or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required under subsection (a)(4) and (a)(5) of this section. (d) An applicant for a license may satisfy any component of the requirements of subsection (a)(4) and (a)(5) of this section by demonstrating to the satisfaction of the Chief that the applicant has met that particular component as part of a successful application to carry a concealed pistol issued by the lawful authorities of any state or subdivision of the United States. (e)(1) An applicant shall sign an oath or affirmation attesting to the truth of all the information required by  22-4506 and this section. (2) Any declaration, certificate, verification, or statement made for purposes of an application for a license to carry a concealed pistol pursuant to this unit shall be made under penalty of perjury pursuant to  22-2402. (f) An applicant is required to appear for an in-person interview at the MPD headquarters for purposes including verification of the applicants identity and verification of the information submitted as part of the application process for a license. (g) Any person whose application has been denied may, within 15 days after the date of the notice of denial, appeal to the Concealed Pistol Licensing Review Board established pursuant to   7-2509.08.  (Sept. 24, 1976, D.C. Law 1-85,  902; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.03. Expiration and renewal of licenses. (a) A license shall expire no later than 2 years after the date of issuance unless revoked by the Chief or renewed pursuant to this subchapter. (b)(1) A license shall be eligible for renewal if: (A) The licensee continues to meet the requirements of  22-4506 and   7-2509.02, except that: (i) With regard to   7-2509.02(a)(4), only 4 hours of such training shall be required for renewal; and (ii) With regard to   7-2509.02(a)(5), the licensee shall provide proof of 2 hours of range practice within the previous 12 months; and (B) The licensee follows any procedures the Chief may establish by rule. (2) Timely renewal shall be the responsibility of the licensee, pursuant to any procedures the Chief may establish by rule. (c) Any person whose renewal application has been denied may, within 15 days after the date of the notice of denial, appeal to the Concealed Pistol Licensing Review Board established pursuant to   7-2509.08.  (Sept. 24, 1976, D.C. Law 1-85,  903; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.04. Duties of licensees. (a) A licensee shall comply with all limits and conditions of the license. (b) A licensee shall notify the Chief in writing: (1) Immediately upon discovery of the loss, theft, or destruction of the license and include the circumstances of the loss, theft, or destruction, if known; and (2) Within 30 days after a change in the licensees name or address as it appears on the license. (c) A licensee shall have on or about his or her person each time the pistol is carried in the District: (1) The license; and (2) The registration certificate for the pistol being carried, issued pursuant to this unit. (d) If a law enforcement officer initiates an investigative stop of a licensee carrying a concealed pistol pursuant to  22-4506, the licensee, and any other licensee carrying a concealed pistol pursuant to  22-4506 who is with the stopped licensee at the time of the investigative stop, shall: (1) Disclose to the officer that he or she is carrying a concealed pistol; (2) Present the license and registration certificate; (3) Identify the location of the concealed pistol; and (4) Comply with all lawful orders and directions from the officer, including allowing a pat down of his or her person and permitting the law enforcement officer to take possession of the pistol for so long as is necessary for the safety of the officer or the public. (e) The duties set forth in this section are in addition to any other requirements imposed by this unit or applicable law. (f) In addition to any other penalty provided by law, a person who violates this section shall be subject to revocation of his or her license.  (Sept. 24, 1976, D.C. Law 1-85,  904; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.05. Revocation and suspension of licenses. (a)(1) The Chief may limit or revoke a license upon a finding that the licensee no longer meets the requirements of  22-4506 and this subchapter, or as a penalty as specified in this unit. (2) The United States Attorney for the District of Columbia, the Attorney General for the District of Columbia, or any person may apply to the MPD at any time for limitation or revocation of a license. (3) Any person having knowledge that a licensee no longer meets the requirements of this unit or the requirements of  22-4506 may so notify the Chief or any other law enforcement officer who may take such action as may be appropriate. (4) Before a limitation or revocation taking effect, the Chief shall serve a notice of intent to limit or revoke the license. The limitation or revocation shall take effect unless the licensee requests an appeal to the Concealed Pistol Licensing Review Board established pursuant to   7-2509.08 no later than 15 days after the date of the notice of intent. (b)(1) The Chief may summarily suspend or limit, without a hearing, a license, when the Chief has determined that the conduct of a licensee presents an imminent danger to the health and safety of a person or the public. (2) At the time of the summary suspension or limitation of a license, the Chief shall provide the licensee with written notice stating the action that is being taken, the basis for the action, and the right of the licensee to request a hearing. (3) A licensee shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or limitation of the license. The Concealed Pistol Licensing Review Board shall hold a hearing within 72 hours after receipt of a timely request, and shall issue a written decision within 72 hours after the hearing.  (Sept. 24, 1976, D.C. Law 1-85,  905; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.06. Carrying a pistol while impaired. (a) A licensee shall not carry a pistol while he or she is consuming alcohol. (b) A licensee shall not carry a pistol while impaired. (c) Upon establishing reasonable suspicion that a licensee has been consuming drugs or alcohol, a licensees failure to submit to one or more field sobriety, breathalyzer, or urine tests, administered to determine whether the licensee is impaired while carrying a pistol, shall be grounds for summary suspension of the license pursuant to   7-2509.05(b). (d) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license. (e) For the purposes of this section, the term impaired means a licensee has consumed alcohol or other drug or drugs and that it has affected the licensees behavior in a way that can be perceived or noticed.  (Sept. 24, 1976, D.C. Law 1-85,  906; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.07. Prohibitions on carrying licensed pistols. (a) No person holding a license shall carry a pistol in the following locations or under the following circumstances: (1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities; (2) The building and grounds, including any adjacent parking lot, of an childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university; (3) A hospital, or an office where medical or mental health services are the primary services provided; (4) A penal institution, secure juvenile residential facility, or halfway house; (5) A polling place while voting is occurring; (6) A public transportation vehicle, including the Metrorail transit system and its stations; (7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to  25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to  25-113, or premises with small-sample tasting permits issued pursuant to  25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section; (8) A stadium or arena; (9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless: (A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or (B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order; (10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds; (11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.; (12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane; (13)(A) When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless: (i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious; (ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or (iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order. (B) For the purposes of this paragraph, the term moving shall include any planned or unplanned stops, including temporary stops, in locations open to the public. (14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless: (A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious; (B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or (C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or (15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply. (b)(1) The carrying of a concealed pistol on private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property. (2) The carrying of a concealed pistol in a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates such allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section. (3) The carrying of a concealed pistol on private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee. (c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall: (1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in  22-4504.02(b); or (2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance. (d) A licensee shall not be in violation of this section: (1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with  22-4504.02; or (2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with  22-4504.02(b), before leaving the parked vehicle. (e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed. (f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license. (g) For the purposes of this section, the term: (1) Demonstration means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term demonstration does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers. (2) Public place means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term public place is not limited to a place devoted solely to the uses of the public, and includes: (A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business; (B) A public building, including its grounds and curtilage; (C) A public parking lot; (D) A public street, sidewalk, or right-of-way; (E) A public park; and (F) Other public grounds. (3) Public transportation vehicle means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train. (4) Residence means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.  (Sept. 24, 1976, D.C. Law 1-85,  907; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944; June 30, 2016, D.C. Law 21-125,  601, 63 DCR 4659.)  Emergency Legislation For temporary (90 days) amendment of section, see  4 of the Fiscal Year 2016 Second Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-202, Nov. 23, 2015, 62 DCR 15276). For temporary (90 days) amendment of this section, see  4 of the Fiscal Year 2016 Budget Support Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-307, Feb. 18, 2016, 63 DCR 2182). Temporary Legislation For temporary (225 days) amendment of this section, see  5 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).
 72509.08. Concealed Pistol Licensing Review Board. (a) There is established a Concealed Pistol Licensing Review Board (Board) for the purpose of hearing appeals from: (1) A denial of an application or renewal application for a license to carry a concealed pistol in the District pursuant to this unit; (2) A summary suspension or limitation of a license to carry a concealed pistol; or (3) A limitation or revocation of a license to carry a concealed pistol. (b)(1) The Board shall consist of 11 members as follows: (A) The United States Attorney (USAO) for the District of Columbia or the USAO's designee; provided, that if the USAO declines to provide a representative, the Mayor shall appoint a person who is a former employee of the USAO; (B) The Attorney General for the District of Columbia or the Attorney General's designee; (C) A mental health professional employed by the Department of Behavioral Health, appointed by the Mayor; (D) A former sworn officer of a law enforcement agency other than the MPD, appointed by the Mayor; and (E) Seven public members appointed by the Mayor, as follows: (i) One mental health professional; (ii) Two District residents with experience in the operation, care, and handling of firearms; (iii) Two District residents with professional experience in the field of gun violence prevention; (iv) One District resident with professional experience in the field of victim services or advocacy; and (v) One District resident attorney in good standing with the District of Columbia Bar with professional experience in criminal law. (2) The appointment of members designated by subsection (b)(1)(D) and (b)(1)(E) of this section shall be made in accordance with the following provisions: (A) Each member shall be appointed for a term of 4 years, and shall continue to serve during that time as long as the member remains eligible for the appointment; (B) A member may be reappointed; (C) A Board member whose term has expired may continue to serve as a member until a replacement member has been appointed; (D) A person appointed to fill a vacancy occurring before the expiration of a term shall serve for the remainder of the term or until a successor has been appointed; and (E) A member may be removed by the appointing authority only for incompetence, neglect of duty, or misconduct. (3) The Mayor shall select a chairperson. (4) Members of the Board, except members who are District or federal government employees, shall be entitled to compensation as provided in  1-611.08 for their service on the Board. (c) Four members of the Board shall constitute a quorum, except that 2 members shall be a quorum when hearing panels of 3 members are assigned by the Board to conduct a hearing and make a final decision required by this section. (d)(1) Within 30 days after June 16, 2015, the Mayor, by rule, shall establish hearing procedures for a contested case review of any appeal, including the manner and time of appeals, and procedures for the Board to assign panels of 3 Board members to conduct such hearings and issue final decisions, pursuant to subsection (c) of this section. (2) The rules shall include that the burden of production of evidence, and the burden of persuasion, at a hearing before the Board shall be upon the applicant or licensee that is challenging a denial of an application or renewal application or limitation or revocation of a license. (e) The meetings and hearings conducted by the Board shall be confidential and not open to the public. (f) Any person, including the Chief, aggrieved by a final action of the Board may file an appeal in accordance with subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.].  (Sept. 24, 1976, D.C. Law 1-85,  908; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944; Dec. 3, 2020, D.C. Law 23-149,  3052, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45,  3023, 68 DCR 010163.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  3023 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  2 of Concealed Pistol Licensing Review Board Membership Emergency Amendment Act of 2020 (D.C. Act 23-359, Aug. 5, 2020, 67 DCR 9666).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Concealed Pistol Licensing Review Board Membership Temporary Amendment Act of 2020 (D.C. Law 23-142, Oct. 20, 2020, 67 DCR 9910). 
 72509.09. Freedom of information exception; report. (a) Any record regarding a person who has applied for, received, or had revoked a license shall not be made available as a public record under  2-532; provided, that aggregate data, excluding any personal identifying information, may be used for the purposes of the public report in subsection (b) of this section. (b) Every 2 years, the MPD shall make public a report that includes the following information: (1) The total number of valid licenses; and (2) For the most recent 2-year period: (A) The number of applications for a license received; (B) The number of licenses issued; (C) The number of licenses renewed, suspended, revoked, or denied; (D) The number of licensees convicted of a crime involving a pistol, classified by type of crime; (E) The number of pistols for which a license was issued that were reported lost or stolen; and (F) The number of pistols for which a license was issued that were found or recovered as stolen that were unreported by a licensee as lost or stolen.  (Sept. 24, 1976, D.C. Law 1-85,  909; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.10. Penalties. (a)(1) Except as otherwise provided in this subchapter, a person convicted of a violation of a provision of this subchapter, or rules or regulations issued under the authority of this subchapter, shall be fined not more than the amount set forth in  22-3571.01, or imprisoned for not more than 180 days. (2) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter. (b) All prosecutions for violations of this subchapter shall be brought in the name of the District of Columbia and prosecuted by the Office of the Attorney General for the District of Columbia.  (Sept. 24, 1976, D.C. Law 1-85,  910; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.) 
 72509.11. Rules. The Chief of the MPD, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of D.C. Law 20-279, including rules: (1) To establish criteria for determining when an applicant has, pursuant to section 6 of the Pistols and Other Dangerous Weapons Act [ 22-4506]: (A) Demonstrated a good reason to fear injury to his or her person, which shall at a minimum require a showing of a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks that demonstrate a special danger to the applicants life; (B) Demonstrated any other proper reason for carrying a concealed pistol, which shall at a minimum include types of employment that require the handling of cash or other valuable objects that may be transported upon the applicants person; and (C) Demonstrated the applicants suitability to carry a concealed pistol, which shall at a minimum include evidence that the applicant meets the requirements of  7-2509.02; (2) To establish the type and amount of ammunition that may be carried concealed by a licensee; (3) To establish the methods by which a pistol may be carried, including any standards for safe holstering; (4) To establish all application forms, investigation procedures, background checks, and fees necessary to process an application for a license to carry a concealed pistol; (5) To specify any procedures or requirements specific to non-residents who apply to carry a concealed pistol pursuant to  22-4506, with regard to the registration requirements in this unit; (6) To specify requirements for signage on any private premises where the owner or person in control of the premises prohibits the carrying of a concealed pistol pursuant to  7-2509.07(b); and (7) To establish procedures for the renewal of licenses.  (Sept. 24, 1976, D.C. Law 1-85,  911; as added June 16, 2015, D.C. Law 20-279,  2(f), 62 DCR 1944.)  Editor's Notes D.C. Law 20-279, referred to in the introductory language of this section, enacted  7-2502.11a and this subchapter, amended  7-2502.01(b)(4), 7-2502.02(a)(4), 7-2502.03(a)(4), 22-4504(a), and 22-4506, and repealed   22-2511.
 72505.01. Sales and transfers prohibited.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  No person or organization shall sell, transfer or otherwise dispose of any firearm, destructive device, ghost gun, or ammunition in the District except as provided in  7-2502.10(c),  7-2505.02,  7-2507.05,  7-2510.07, or  7-2510.09.  (Sept. 24, 1976, D.C. Law 1-85, title V,  501, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; May 10, 2019, D.C. Law 22-314,  2(b), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  201(c), 68 DCR 001034; Oct. 17, 2022, D.C. Act 24-583,  2(g), 69 DCR 012714.)  Prior Codifications 1981 Ed.,  6-2351. 1973 Ed.,  6-1851. Section References This section is referenced in  7-2508.01. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(g) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  4(d) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  2(c) of Ghost Guns Prohibition Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-324, May 27, 2020, 67 DCR 6721).   For temporary (90 days) amendment of this section, see  2(c) of Ghost Guns Prohibition Emergency Amendment Act of 2020 (D.C. Act 23-245, Mar. 11, 2020, 67 DCR 3086).   For temporary (90 days) amendment of this section, see  2(b) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) amendment of this section, see  2(b) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2019, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(g) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450).   For temporary (225 days) amendment of this section, see  2(c) of Ghost Guns Prohibition Temporary Amendment Act of 2020 (D.C. Law 23-125, July 30, 2020, 67 DCR 3945). 
 72505.02. Permissible sales and transfers. (a) Any person or organization eligible to register a firearm may sell or otherwise transfer ammunition or any firearm, except those which are unregisterable under  7-2502.02, to a licensed dealer. (b) Any licensed dealer may sell or otherwise transfer: (1) Ammunition, excluding one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensees inventory, to any nonresident person or business licensed under the acts of Congress and the jurisdiction where such person resides or conducts such business; (2) Ammunition, including one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensees inventory to: (A) Any other licensed dealer; (B) Any law enforcement officer or agent of the District or the United States of America when such officer or agent is on duty, and acting within the scope of his duties when acquiring such firearm, ammunition, or destructive device, if the officer or agent has in his possession a statement from the head of his agency stating that the item is to be used in such officers or agents official duties. (c) Any licensed dealer may sell or otherwise transfer a firearm except those which are unregisterable under  7-2502.02, to any person or organization possessing a registration certificate for such firearm; provided, that if the Chief denies a registration certificate, he shall so advise the licensee who shall thereupon: (1) withhold delivery until such time as a registration certificate is issued, or, at the option of the purchaser; (2) declare the contract null and void, in which case consideration paid to the licensee shall be returned to the purchaser; provided further, that this subsection shall not apply to persons covered by subsection (b) of this section. (d) Except as provided in subsections (b) and (e) of this section, no licensed dealer shall sell or otherwise transfer ammunition unless: (1) The sale or transfer is made in person; and (2) The purchaser exhibits, at the time of sale or other transfer, a valid registration certificate, or in the case of a nonresident, proof that the weapon is lawfully possessed in the jurisdiction where such person resides; (3) The ammunition to be sold or transferred is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of nonresident; and (4) The purchaser signs a receipt for the ammunition which (in addition to the other records required under this unit) shall be maintained by the licensed dealer for a period of 1 year from the date of sale. (e) Any licensed dealer may sell ammunition to any person holding an ammunition collectors certificate on September 24, 1976; provided, that the collectors certificate shall be exhibited to the licensed dealer whenever the collector purchases ammunition for his collection; provided further, that the collector shall sign a receipt for the ammunition, which shall be treated in the same manner as that required under paragraph (4) of subsection (d) of this section.  (Sept. 24, 1976, D.C. Law 1-85, title V,  502, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19,  3, 30 DCR 3328; Apr. 27, 2013, D.C. Law 19-295,  2(b), 60 DCR 2623.)  Prior Codifications 1981 Ed.,  6-2352. 1973 Ed.,  6-1852. Section References This section is referenced in  7-2505.01. Effect of Amendments The 2013 amendment by D.C. Law 19-295 substituted one or more restricted pistol bullets for restricted pistol bullets in (b)(1) and (b)(2). Emergency Legislation For temporary provisions prohibiting the transfer by the Metropolitan Police Department of ammunition feeding devices, see  2 of the Prohibition on the Transfer of Firearms Emergency Act of 1995 (D.C. Act 11-58, May 18, 1995, 42 DCR 2574). Temporary Legislation For temporary (225 day) provisions prohibiting the transfer by the Metropolitan Police Department of ammunition feeding devices, see  2 of Prohibition on the Transfer of Firearms Temporary Act of 1995 (D.C. Law 11-35, September 8, 1995, law notification 42 DCR 5304). Editor's Notes Prohibition on transfer of ammunition feeding devices: For provisions prohibiting the transfer by the Metropolitan Police Department of ammunition feeding devices, see  4-191.
 72505.03. Microstamping. (a) For the purposes of the section, the term: (1) Firearms dealer means a person or organization possessing a dealers license under authority of subchapter IV of this chapter. (2) Manufacturer means any person in business to manufacture or assemble a firearm, for sale or distribution. (3) Microstamp-ready means a semiautomatic pistol that is manufactured to produce a unique alpha-numeric or geometric code on at least 2 locations on each expended cartridge case that identifies the make, model, and serial number of the pistol. (4) Semiautomatic pistol means a pistol capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and automatically chamber the next round, and that requires a separate pull of the trigger to fire each successive round. (b) Except as provided in subsection (c) of this section, beginning on January 1, 2018, a semiautomatic pistol shall be microstamp-ready if it is: (1) Manufactured in the District of Columbia; (2) Manufactured on or after January 1, 2018, and delivered or caused to be delivered by any manufacturer to a firearms dealer in the District of Columbia; or (3) Manufactured on or after January 1, 2018, and sold, offered for sale, loaned, given, or transferred by a firearms dealer in the District of Columbia. (c)(1) A semiautomatic pistol manufactured after January 1, 2018, that is not microstamp-ready and that was acquired outside of the District by a person who was not a District resident at the time of acquisition but who subsequently moved to the District shall be registered if the requirements of this unit are met, and may be sold, transferred, or given away; provided, that the pistol shall be sold, transferred, or given away only through a firearms dealer. (2) If a firearms dealer lawfully acquires a microstamp-ready semiautomatic pistol that was originally purchased by a non-dealer resident of the District of Columbia, the firearms dealer shall not sell, offer for sale, loan, give, or transfer that pistol if he or she knows or reasonably should have known that the unique alphanumeric or geometric code associated with that pistol has been changed, altered, removed, or obliterated, excepting for normal wear. (d)(1) Except as provided in paragraph (2) of this subsection, and except for normal wear, no person shall change, alter, remove, or obliterate the unique alpha-numeric or geometric code associated with that pistol. (2) Replacing a firing pin that has been damaged or worn and is in need of replacement for the safe use of the semiautomatic pistol or for a legitimate sporting purpose shall not alone be evidence that someone has violated this subsection. (e) Beginning January 1, 2018, a manufacturer that delivers a semiautomatic pistol, or causes a semiautomatic pistol to be delivered, to a firearms dealer for sale in the District of Columbia shall certify whether the pistol was manufactured on or after January 1, 2018, and, if it was, that: (1) The semiautomatic pistol will produce a unique alpha-numeric code or a geometric code on each cartridge case that identifies the make, model, and serial number of the semiautomatic pistol that expended the cartridge casing; and (2) The manufacturer will supply the Chief with the make, model, and serial number of the semiautomatic pistol that expended the cartridge case, when presented with an alpha-numeric or geometric code from a cartridge case; provided, that the cartridge case was recovered as part of a legitimate law enforcement investigation. (f) The Chief, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this section.  (Sept. 24, 1976, D.C. Law 1-85, title V,  503; as added Mar. 31, 2009, D.C. Law 17-372,  3(m), 56 DCR 1365; June 3, 2011, D.C. Law 18-377,  2(f), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(m), 59 DCR 5691; Feb. 26, 2015, D.C. Law 20-155,  3022(b), 61 DCR 9990; June 30, 2016, D.C. Law 21-125,  701(b), 63 DCR 4659.)  Section References This section is referenced in  7-2504.08. Effect of Amendments D.C. Law 18-377, in subsec. (f), substituted January 1, 2013 for January 1, 2011. The 2012 amendment by D.C. Law 19-170 substituted January 1, 2014 for January 1, 2013 wherever it appears in (b), (c)(1), and (e). The 2015 amendment by D.C. Law 20-155 substituted January 1, 2016 for January 1, 2014 throughout the section. Emergency Legislation For temporary (90 day) addition, see  3(m) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  502(f) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(f) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section, see  2(m) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(m) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (b), (c)(1) and (e), see  2(m) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary amendment of this section, see  2(b) of the Microstamping Implementation Emergency Amendment Act of 2013 (D.C. Act 20-261, January 2, 2014, 61 DCR 324). For temporary (90 days) amendment of this section, see  3022(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  3022(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  3022(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) amendment of this section, see  2(b) of the Microstamping Implementation Emergency Amendment Act of 2015 (D.C. Act 21-258, Jan. 6, 2016, 63 DCR 530). For temporary (90 days) amendment of this section, see  2(b) of the Microstamping Implementation Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-329, Mar. 16, 2016, 63 DCR 4298). Temporary Legislation For temporary (225 days) amendment of this section, see  2(b) of the Microstamping Implementation Temporary Amendment Act of 2014 (D.C. Law 20-93, March 11, 2014, 61 DCR 783). For temporary (225 days) amendment of this section, see  2(b) of the Microstamping Implementation Temporary Amendment Act of 2016 (D.C. Law 21-93, Mar. 23, 2015, 63 DCR 993).
 72505.04. Prohibition on sale, transfer, ownership, or possession of designated unsafe pistol.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) Except as provided in subsections (c), (d), or (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale, (also known as the California Roster of Handguns Determined Not to be Unsafe), pursuant to California Penal Code  12131, as of January 1, 2009, may not be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia. (b) Except as provided in subsection (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may not be owned or possessed within the District of Columbia unless that pistol was lawfully owned and registered prior to January 1, 2009. (b-1) Notwithstanding any other provision of this section, a person may lawfully: (1) Self-manufacture a pistol; and (2) Possess and own a pistol that the person self-manufactured pursuant to paragraph (1) of this subsection and registered pursuant to  7-2502.02. (c) Except as provided in subsection (e) of this section, a District of Columbia resident who is the owner of a pistol lawfully registered prior to January 1, 2009, that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, and who wishes to sell or transfer that pistol after January 1, 2009, may do so only by selling or transferring ownership of the handgun to a licensed firearm dealer. (d) Except as provided in subsection (e) of this section, beginning January 1, 2009, a licensed firearm dealer who retains in the dealers inventory, or who otherwise lawfully acquires, any pistol not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may sell, loan, give, trade, or otherwise transfer the firearm only to another licensed firearm dealer. (e) This section shall not apply to: (1) Firearms defined as curios or relics, as defined in 27 C.F.R.  478.11; (2) The purchase of any firearm by any law enforcement officer or agent of the District or the United States; (3) Pistols that are designed expressly for use in Olympic target shooting events, as defined by rule; (4) Certain single-action revolvers, as defined by rule; (5) The sale, loan, or transfer of any firearm that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event; (6) The temporary transfer of a lawfully owned and registered firearm for the purposes of cleaning, repair, or servicing of the firearm by a licensed firearm dealer; or (7) The possession of a firearm by a non-resident of the District of Columbia while temporarily traveling through the District; provided, that the firearm shall be transported in accordance with  22-4504.02. (f) The Chief shall review any additions or deletions to the California Roster of Handguns Certified for Sale at least annually. For purposes of District law, the Chief is authorized to revise, by rule, the roster of handguns determined not to be unsafe prescribed by subsection (a) of this section and to prescribe by rule the firearms permissible pursuant to subsection (e) of this section. (g) The Chief shall provide to the licensed firearm dealers within the District information about how to obtain a copy of the California Roster of Handguns Certified for Sale and any revisions to it made the Chief.  (Sept. 24, 1976, D.C. Law 1-85, title V,  504; as added Mar. 31, 2009, D.C. Law 17-372,  3(m), 56 DCR 1365; Oct. 17, 2022, D.C. Act 24-583,  2(h), 69 DCR 012714.)  Section References This section is referenced in  7-2502.02. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(h) of Ghost Gun Clarification Emergency Amendment Act of 2022 (D.C. Act 24-583, Oct. 17, 2022, 69 DCR 012714).   For temporary (90 days) amendment of this section, see  2(f) of Ghost Gun Clarification Emergency Amendment Act of 2021 (D.C. Act 24-237, Dec. 13, 2021, 68 DCR 013482).  For temporary (90 day) addition, see  3(m) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). Temporary Legislation  For temporary (225 days) amendment of this section, see  2(h) of Ghost Gun Clarification Temporary Amendment Act of 2021 (D.C. Law 24-87, Mar. 2, 2022, 69 DCR 000450). 
 72506.01. Persons permitted to possess ammunition. (a) No person shall possess ammunition in the District of Columbia unless: (1) He is a licensed dealer pursuant to subchapter IV of this unit; (2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition; (3) He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this chapter; except, that no such person shall possess one or more restricted pistol bullets; (4) He holds an ammunition collectors certificate on September 24, 1976; or (5) He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor. (b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. For the purposes of this subsection, the term large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term large capacity ammunition feeding device shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.  (Sept. 24, 1976, D.C. Law 1-85, title VI,  601, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19,  4, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372,  3(n), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(n), 59 DCR 5691; Apr. 27, 2013, D.C. Law 19-295,  2(c), 60 DCR 2623.)  Prior Codifications 1981 Ed.,  6-2361. 1973 Ed.,  6-1861. Section References This section is referenced in  7-2507.06 and  7-2508.01. Effect of Amendments D.C. Law 17-372 designated subsec. (a); and added subsec. (b). The 2012 amendment by D.C. Law 19-170 substituted pursuant to subchapter II of this chapter for of the same gauge or caliber as the ammunition he possesses in (a)(3); added (a)(5); and made a related change. The 2013 amendment by D.C. Law 19-295 substituted possess one or more restricted pistol bullets for possess restricted pistol bullets in (a)(3). Emergency Legislation For temporary (90 day) amendment of section, see  2(d) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) amendment of section, see  2(d) of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9). For temporary (90 day) amendment of section, see  3(n) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(n) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(n) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (a), see  2(n) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72507.01. Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited. (a) No firearm, destructive device, or ammunition shall be security for, or be taken or received by way of any mortgage, deposit, pledge, or pawn. (b) No person may loan, borrow, give, or rent to or from another person, any firearm, destructive device, or ammunition.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  701, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2371. 1973 Ed.,  6-1871.
 72507.02. Responsibilities regarding storage of firearms. (a) It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device. (b) No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person: (1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or (2) Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person. (c)(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both. (2) A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both. (3) The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person. (c-1) The provisions of  7-2507.06 shall not apply to this section. (d) For the purposes of this section, the term minor shall mean a person under the age of 18 years.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  702, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(o), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(o), 59 DCR 5691.)  Prior Codifications 1981 Ed.,  6-2372. 1973 Ed.,  6-1872. Section References This section is referenced in  7-2502.03 and  7-2507.06. Effect of Amendments D.C. Law 17-372 rewrote the section, which had read as follows: Except for law enforcement personnel described in  7-2502.01(b)(1), each registrant shall keep any firearm in his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearm is kept at his place of business, or while being used for lawful recreational purposes within the District of Columbia. The 2012 amendment by D.C. Law 19-170 added penalties in the section heading; and added (c-1). Emergency Legislation For temporary (90 day) amendment, see  2(c) of Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-422, July 16, 2008, 55 DCR 8237). For temporary (90 day) amendment of section, see  2(e) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) repeal of D.C. Act 17-422, see  5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904). For temporary (90 day) amendment of section, see  2(e) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9). For temporary (90 day) amendment of section, see  3(o) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see  2(o) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(o) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary addition of (c-1) and amendment of section heading, see  2(o) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
 72507.03. Firing ranges. Any person operating a firing range in the District, shall in addition to any other requirement imposed by law, register with the Chief, on a form prescribed by him, which shall include the business name of the range, the location, the names and home addresses of the owners and principal officers, the types of weapons fired there, the number and types of weapons normally stored there, the days and hours of operation, and such other information as the Chief shall require.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  703, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2373. 1973 Ed.,  6-1873.
 72507.04. False information; forgery or alteration. (a) It shall be unlawful for any person purchasing any firearm or ammunition, or applying for any registration certificate or dealers license under this unit, or in giving any information pursuant to the requirements of this unit, to knowingly give false information or offer false evidence of identity. (b) It shall be unlawful for anyone to forge or alter any application, registration certificate, or dealers license submitted, retained or issued under this unit.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  704, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2374. 1973 Ed.,  6-1874. Section References This section is referenced in  7-2502.11 and  7-2504.09.
 72507.05. Voluntary surrender of firearms, destructive devices, or ammunition; immunity from prosecution; determination of evidentiary value of firearm. (a)(1) If a person or organization within the District voluntarily and peaceably delivers and abandons to the Chief any firearm, destructive device, or ammunition at any time, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this unit, with respect to the firearm, destructive device, or ammunition delivered and abandoned. (2) Delivery and abandonment under this section may be made at any police district, station, or central headquarters, or by summoning a police officer to the person's residence or place of business. (3) Every firearm to be delivered and abandoned to the Chief under this section shall be transported in accordance with  22-4504.02. (4) No person who delivers and abandons a firearm, destructive device, or ammunition under this section shall be required to furnish identification, photographs, or fingerprints. (5) No amount of money shall be paid for any firearm, destructive device, or ammunition delivered and abandoned under this section. (b) Whenever any firearm, destructive device, or any ammunition is surrendered under this section,  7-2502.10(c)(1), or  7-2510.09(c), the Chief shall inquire of the United States Attorney's Office and the Office of Attorney General whether such firearm is needed as evidence; provided, that if the same is not needed as evidence, it shall be destroyed.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  705, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372,  3(p), 56 DCR 1365; May 10, 2019, D.C. Law 22-314,  2(c), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(b), 68 DCR 001034.)  Prior Codifications 1981 Ed.,  6-2375. 1973 Ed.,  6-1875. Section References This section is referenced in  5-133.16,  7-2502.10,  7-2504.06, and  7-2505.01. Effect of Amendments D.C. Law 17-372, in subsec. (a), substituted shall be transported in accordance with  4504.02, for shall be unloaded and securely wrapped in a package. Cross References Ammunition feeding devices transfers, prohibition, see  5-133.16. Emergency Legislation  For temporary (90 days) amendment of this section, see  4(e) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) amendment of this section, see  2(c) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) amendment of this section, see  2(c) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2019, 66 DCR 1729).  For temporary prohibition on the transfer by the Metropolitan Police Department of any ammunition feeding device, see  2 of the Prohibition on the Transfer of Firearms Emergency Act of 1995 (D.C. Act 11-58, May 18, 1995, 42 DCR 2574). For temporary (90 day) amendment of section, see  3(p) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). Temporary Legislation  For temporary (225 days) amendment of this section, see  4(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).  For temporary (225 day) provisions prohibiting the transfer by the Metropolitan Police Department of ammunition feeding devices, see  2 of Prohibition on the Transfer of Firearms Temporary Act of 1995 (D.C. Law 11-35, September 8, 1995, law notification 42 DCR 5304). Editor's Notes Prohibition on transfer of ammunition feeding devices: For provisions prohibiting the transfer by the Metropolitan Police Department of ammunition feeding devices, see  4-191.
 72507.06. Penalties. (a) Except as provided in  7-2502.05, 7-2502.08, 7-2507.02, 7-2508.07, subchapter IX of this chapter, and 7-2510.11, any person convicted of a violation of any provision of this unit shall be fined not more than the amount set forth in  22-3571.01 or imprisoned for not more than 1 year, or both; except that: (1) A person who knowingly or intentionally sells, transfers, or distributes a firearm, destructive device, or ammunition to a person under 18 years of age shall be fined not more than the amount set forth in  22-3571.01 or imprisoned for not more than 10 years, or both. (2)(A) Except as provided in subparagraph (B) of this paragraph, any person who is convicted a second time for possessing an unregistered firearm shall be fined not more than the amount set forth in  22-3571.01 or imprisoned not more than 5 years, or both. (B) A person who in the persons dwelling place, place of business, or on other land possessed by the person, possesses a pistol, or firearm that could otherwise be registered, shall be fined not more than the amount set forth in  22-3571.01 or imprisoned not more than 1 year, or both. (3)(A) A person convicted of possessing more than one restricted pistol bullet in violation of  7-2506.01(a)(3) may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined not more than the amount set forth in  22-3571.01. (B) A person convicted of possessing a single restricted pistol bullet in violation of  7-2506.01(a)(3) shall be fined not more than the amount set forth in  22-3571.01 or imprisoned for not more than 1 year, or both. (4) A person convicted of possessing a large capacity ammunition feeding device in violation of  7-2506.01(b) shall be fined no more than the amount set forth in  22-3571.01, or incarcerated for no more than 3 years, or both. (b)(1) For the following violations of this unit, the prosecution may, in the operation of its discretion, offer an administrative disposition whereby a person may immediately resolve his or her case upon payment of a fine, in an amount set by the Board of Judges of the Superior Court of the District of Columbia; provided, that the person is not concurrently charged with another criminal offense arising from the same event, other than an offense pursuant to  7-2502.01 or  7-2506.01: (A) Possession of an unregistered firearm pursuant to  7-2502.01; (B) Unlawful possession of ammunition (but not possession of more than one restricted pistol bullet) pursuant to  7-2506.01; (C) Possession of a single restricted pistol bullet pursuant to  7-2507.06(a)(3)(B); provided, that the person did not also possess a firearm at the time of arrest; (D) Possession of a self-defense spray in violation of  7-2502.13; and (E) Possession of a stun gun in violation of  7-2502.15. (2) In determining whether to offer an administrative disposition pursuant to this subsection, the prosecution, in the operation of its discretion, may consider, among other factors, whether at the time of his or her arrest, the person was a resident of the District of Columbia and whether the person had knowledge of  7-2502.01,  7-2506.01, or  7-2507.06(a)(3)(B). (3) An administrative disposition pursuant to this subsection is not a conviction of a crime and shall not be equated to a criminal conviction. The fact that a person resolved a charge through an administrative disposition pursuant to this subsection may not be relied upon by any court of the District of Columbia or any agency of the District of Columbia in any subsequent criminal, civil, or administrative proceeding or administrative action to impose any sanction, penalty, enhanced sentence, or civil disability. (4) At the time of the prosecutions offer of an administrative disposition, the person may elect to proceed with the criminal case in lieu of an administrative disposition. (5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], may issue rules to implement the provisions of this subsection. The rules may provide procedures and criteria to be used in determining when the prosecution, in the operation of its discretion, may offer the option of an administrative disposition pursuant to this subsection.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  706, 23 DCR 2464; Mar. 5, 1981, D.C. Law 3-147,  2, 27 DCR 4882; Aug. 20, 1994, D.C. Law 10-151,  301, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306,  205, 53 DCR 8610; Sept. 29, 2012, D.C. Law 19-170,  2(p), 59 DCR 5691; Apr. 27, 2013, D.C. Law 19-295,  2(d), 60 DCR 2623; June 16, 2015, D.C. Law 20-279,  2(e), 62 DCR 1944; May 19, 2017, D.C. Law 21-281,  2(e), 64 DCR 1648; May 10, 2019, D.C. Law 22-314,  2(d), 66 DCR 1672.)  Prior Codifications 1981 Ed.,  6-2376. 1973 Ed.,  6-1876. Section References This section is referenced in  7-2502.03,  7-2502.08,  7-2503.01,  7-2507.02, and  7-2507.08. Effect of Amendments D.C. Law 16-306 added par. (3). The 2012 amendment by D.C. Law 19-170 added Except as provided in  7-2502.05, 7-2502.08, 7-2507.02, and 7-2508.07, in the introductory language. The 2013 amendment by D.C. Law 19-295 designated the existing provisions as (a); substituted not more than the amount set forth in  22-3571.01 for not more than $1,000 in the introductory language of (a) and in (a)(2)(B); substituted not more than the amount set forth in  22-3571.01 for not more than $10,000 in (a)(1); substituted not more than the amount set forth in  22-3571.01 for not more than $5,000 in (a)(2)(A); rewrote (a)(3); and added (b). The 2015 amendment by D.C. Law 20-279 substituted   7-2502.05, 7-2502.08, 7-2507.02, 7-2508.07, and subchapter IX of this chapter for 7-2502.05, 7-2502.08, 7-2507.02, and 7-2508.07 in the introductory paragraph of (a). Emergency Legislation  For temporary (90 days) amendment of this section, see  2(d) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) amendment of this section, see  2(d) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2019, 66 DCR 1729).   For temporary (90 days) amendment of this section, see  2(e) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).   For temporary (90 days) amendment of this section, see  2(e) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907).  For temporary amendment of section, see  301 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286). For temporary (90 day) amendment of section, see  205 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443). For temporary (90 day) amendment of section, see  205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686). For temporary (90 day) amendment of section, see  205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479). For temporary (90 day) amendment of section, see  205 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036). For temporary (90 day) amendment of section, see  2(p) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(o) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of section, see  2(p) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). For temporary (90 days) amendment of this section, see  410 and 501(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). For temporary (90 days) amendment of this section, see  2(d) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) repeal of emergency D.C. Act 20-447,  4, the acts applicability clause, see  2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187). For temporary (90 days) amendment of this section, see  2(e) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of emergency D.C. Act 20-447, see  4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of temporary D.C. Act 20-169, see  4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) amendment of this section, see  2(e) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451). Temporary Legislation For temporary (225 days) amendment of this section, see  2(d) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814).
 72507.06a. Seizure and forfeiture of conveyances. Any conveyance in which a person or persons transport, possess, or conceal any firearm, as that term is defined in  7-2501.01, or in any manner use to facilitate a violation of  7-2502.02 or  22-4503 or  22-4504, is subject to forfeiture pursuant to the standards and procedures set forth in D.C. Law 20-278.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  706a; as added June 3, 1997, D.C. Law 11-273,  2, 43 DCR 6168; June 3, 1997, D.C. Law 11-274,  19(b), 44 DCR 1232; June 16, 2015, D.C. Law 20-278,  302, 62 DCR 1920.)  Prior Codifications 1981 Ed.,  6-2376.1. Effect of Amendments The 2015 amendment by D.C. Law 20-278 rewrote the section. Emergency Legislation For temporary addition of section, see  2 of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986),  2 of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and  2 of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928). Editor's Notes D.C. Law 20-278, referred to in this section, enacted Chapter 3 of Title 41 ( 41-301 et seq.), made amendments to the criminal offenses in  48-901.02 and 48-905.02, and made conforming amendments to  7-2507.06a, 8-905, 22-902, 22-1705, 22-2723, 32-1343, 48-905.03, and 50-1501.04.
 72507.07. Public education program. The Chief shall carry on a suitable publicity program designed to inform the citizens of the District of the provisions of this unit and the rights and obligations created by it.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  707, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2377. 1973 Ed.,  6-1877.
 72507.08. Construction of unit. Nothing in this unit shall be construed, or applied to necessarily require, or excuse noncompliance with any provision of any federal law. This unit and the penalties prescribed in  7-2507.06, for violations of this unit, shall not supersede but shall supplement all statutes of the District and the United States in which similar conduct is prohibited or regulated.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  709, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62,  2, 24 DCR 5780.)  Prior Codifications 1981 Ed.,  6-2378. 1973 Ed.,  6-1878.
 72507.09. Applicability of District of Columbia Administrative Procedure Act. The provisions of the District of Columbia Administrative Procedure Act ( 2-501 et seq.) shall apply to each proceeding, decision, or other administrative action specified in this unit, unless otherwise specifically provided.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  710, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2379. 1973 Ed.,  6-1879.
 72507.10. Severability. If any provision of this unit or the application thereof to any person or circumstance is held invalid, the remainder of this unit and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  711, 23 DCR 2464.)  Prior Codifications 1981 Ed.,  6-2380. 1973 Ed.,  6-1880.
 72507.11. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this unit. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.  (Sept. 24, 1976, D.C. Law 1-85, title VII,  712; as added Mar. 31, 2009, D.C. Law 17-372,  3(q), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170,  2(q), 59 DCR 5691; Apr. 27, 2021, D.C. Law 23-274,  102(c), 68 DCR 001034.)  Effect of Amendments The 2012 amendment by D.C. Law 19-170 made a technical correction which did not affect this section as codified. Emergency Legislation  For temporary (90 days) amendment of this section, see  4(f) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(c) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(c) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(c) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(c) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).  For temporary (90 day) addition, see  3(q) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) additions, see  502 of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495). For temporary (90 day) additions, see  205 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see  2(q) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(q) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of section, see  2(q) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). Temporary Legislation  For temporary (225 days) amendment of this section, see  4(c) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(c) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72508.01. Definitions. For the purposes of this subchapter, the term: (1) Correctional facility means any building or group of buildings and concomitant services operated as a single management unit by the Department of Corrections, or a similar federal, state, county, or local government agency, or a contractor to such an agency, for the purpose of housing and providing services to persons ordered confined pending trial or sentencing, or incarcerated following sentencing for a violation of law. (2) Gun offender means a person: (A) Convicted at any time of a gun offense in the District; (B) Convicted at any time of a gun offense who resides in the District within the registration period established pursuant to  7-2508.02; (C) Who has as a mandatory condition of release a registration requirement in the District pursuant to  7-2508.04(f). (3) Gun offense means: (A) A conviction for the sale, purchase, transfer, receipt, acquisition, possession, use, manufacture, carrying, transportation, registration, or licensing of a firearm under Chapter 45 of Title 22 [ 22-4501 et seq.], or an attempt or conspiracy to commit any of the foregoing offenses; (B) A conviction for violating  7-2502.01,  7-2504.01,  7-2505.01, or  7-2506.01, or an attempt or conspiracy to commit any of the foregoing offenses; (B-i) A conviction for a firearms-related violation of the provisions  22-402 (assault with a dangerous weapon),  22-2603.02 (unlawful possession of contraband), or  22-2803(b) (carjacking); or (C) Violations in other jurisdictions of any offense with an element that involves the violations listed in subparagraphs (A), (B), or (B-i) of this paragraph. (4) Resides means to stay overnight in the District of Columbia for an aggregate period of time exceeding 30 days in any calendar year.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  801; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413; June 3, 2011, D.C. Law 18-377,  2(g), 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170,  2(r), 59 DCR 5691.)  Section References This section is referenced in  23-1322. Effect of Amendments D.C. Law 18-377, in pars. (2)(A) and (B), substituted Convicted at any time for Convicted; in pars. (3)(A) and (B), inserted , or an attempt or conspiracy to commit any of the foregoing offenses. The 2012 amendment by D.C. Law 19-170 added (3)(B-i); substituted subparagraphs (A), (B), or (B-i) for subparagraph (A) or (B) in (3)(C); and made a related change. Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). For temporary (90 day) amendment of section, see  2(a) of Gun Offender Registration Emergency Amendment Act of 2010 (D.C. Act 18-464, July 2, 2010, 57 DCR 6908). For temporary (90 day) amendment of section, see  2(a) of Gun Offender Registration Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-539, October 5, 2010, 57 DCR 9610). For temporary (90 day) amendment of section, see  2(a) of Gun Offender Registration Second Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR 126). For temporary (90 day) amendment of section, see  502(g) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(g) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701). For temporary (90 day) amendment of section, see  2(r) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116). For temporary (90 day) amendment of section, see  2(r) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694). For temporary amendment of (3), see  2(r) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808). Temporary Legislation Section 2(a) of D.C. Law 18-255, in pars. (2)(A) and (B), substituted Convicted at any time for Convicted. Section 4(b) of D.C. Law 18-255 provided that the act shall expire after 225 days of its having taken effect.
 72508.02. Duty to register and to verify. (a) A gun offender shall register with the Chief for a period of 2 years, unless a longer period is required by  7-2508.03 or  7-2508.07(b). The offender shall register: (1) Within 48 hours (not including a Saturday, Sunday, legal holiday, or day on which the District of Columbia government is closed) of: (A) Release, if the gun offender receives a sentence of imprisonment; (B) The time sentence is imposed, if the sentence does not include imprisonment; (C) Receipt of notice of the obligation to register, if at a time other than sentencing; or (D) Changing the place where he or she resides, works, or attends school in the District or elsewhere; (2) By personally appearing at an office designated by the Chief to sign a statement under oath, verified by whatever documentation may be required, that provides, to the extent it is available: (A) The gun offenders name, date of birth, sex, race, height, weight, and eye color; (B) The address where the gun offender resides or expects to reside in the District; (C) Any other legal names of the gun offender; (D) Aliases of the gun offender; (E) The jurisdiction and a description of the offense for which the gun offender was convicted and the date of conviction; (F) Fingerprints of the gun offender; (G) The identification number of the gun offenders drivers license or non-driver photo identification card; (H) The name and address of any school the gun offender attends or expects to attend; and (I) Repealed. (b) During the period in which a gun offender is required to register under this subchapter, the gun offender shall comply with the following: (1) Except as specified in paragraphs (2) and (3) of this subsection, no later than 20 calendar days following the one-year anniversary of the gun offenders initial registration date, the gun offender shall personally appear at such office as the Chief may direct for the purpose of verifying the information required under subsection (a) of this section. (2) If a gun offender required to register under this subchapter is confined to any federal, state, or local correctional facility, residential treatment center, hospital, or institution throughout the 20-day period described in paragraph (1) of this subsection, the gun offender shall personally appear as required by paragraph (1) of this subsection within 48 hours of release. (3) If a gun offender neither resides, works, nor attends school in the District of Columbia, the gun offender shall not be required to comply with paragraph (1) or (2) of this subsection. (4) The Chief may photograph the gun offender and require the gun offender to provide such documentation as the Chief considers acceptable to verify the information provided in subsection (a)(2) of this section. (c) The Chief shall have the authority to maintain and operate the gun offender registry for the District, including the authority to collect and maintain gun offender information obtained pursuant to subsection (b) of this section and enter the information into appropriate record systems and databases.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  802; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413; June 3, 2011, D.C. Law 18-377,  2(h), 58 DCR 1174.)  Section References This section is referenced in  7-2508.01 and  7-2508.03. Effect of Amendments D.C. Law 18-377, in the lead-in language of subsec. (a)(1), substituted 48 hours (not including a Saturday, Sunday, legal holiday, or day on which the District of Columbia government is closed) of: for 48 hours of:; rewrote subsec. (a)(1)(C) and repealed subsec. (a)(2)(I), which formerly read: (C) Remaining in the District to reside, work, or attend school after receipt of notice of the obligation to register; or. (I) The name and address of the gun offenders expected place of work, including the name and phone number of a supervisor. Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). For temporary (90 day) amendment of section, see  502(h) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(h) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
 72508.03. Registration period. A gun offender shall comply with the registration and verification provisions required by  7-2508.02 for a period beginning when he or she is sentenced for a gun offense and continuing until 2 years after the expiration of any time being served on probation, parole, supervised release, or conditional release, or 2 years after the gun offender is unconditionally released from a correctional facility, prison, hospital, or other place of confinement, whichever is latest. The registration period is tolled for any time the gun offender fails to register or otherwise fails to comply with the requirements of this subchapter.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  803; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413.)  Section References This section is referenced in  7-2508.02. Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
 72508.04. Certification duties of the Superior Court of the District of Columbia. (a) Upon a defendants conviction for a gun offense, the Superior Court of the District of Columbia (Court) shall enter an order certifying that the defendant is a gun offender. The Court shall: (1) Advise the gun offender of his or her duties under this subchapter; (2) Order the gun offender to report to the Chief to register as required by this subchapter; and (3) Order the gun offender to comply with the requirements of this subchapter. (b) The Court shall provide to the Chief, and to the Court Services and Offender Supervision Agency, a copy of the certification and order, and such other records and information in its possession that will assist in the registration of the gun offender. (c) In any case where the Court orders the release of a gun offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall provide the gun offender with a copy of the order required under subsection (a) of this section and require the gun offender to read, or have read to him or her, and sign the copy of the order. (d)(1) For a person who has not been required to comply with the requirements of this subchapter as set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this subchapter, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this subchapter. (2) The certification and order shall be personally served upon the person, at which time the requirements of this subchapter shall apply, unless that person moves the Court to rescind the certification and order and the Court grants the motion. (e) Agencies in the District of Columbia to which the probation, parole, supervised release, or conditional release of a gun offender is transferred from another jurisdiction are authorized to inform the Chief of that transfer of supervision for purposes of implementing the provisions of subsection (d) of this section. (f) Notwithstanding the court certification requirements of this subchapter, any person convicted of a gun offense in any jurisdiction other than the District of Columbia who is ordered by competent authority in that jurisdiction to register as a gun offender in the District of Columbia shall comply with the registration and other requirements of this subchapter.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  804; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413; June 3, 2011, D.C. Law 18-377,  2(i), 58 DCR 1174.)  Section References This section is referenced in  7-2508.01. Effect of Amendments D.C. Law 18-377 rewrote subsec. (d)(1), which formerly read: (d)(1) For persons who have not been required to comply with the requirements of this subchapter as set forth in subsections (a) and (c) of this section, but nevertheless qualify, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense within the period for which registration is required by this subchapter is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this subchapter. Temporary Amendment of Section Section 2(b) of D.C. Law 18-255 rewrote subsec. (d)(1) to read as follows: (d)(1) For a person who has not been required to comply with the requirements of this title as set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this act, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this act.. Section 4(b) of D.C. Law 18-255 provided that the act shall expire after 225 days of its having taken effect. Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). For temporary (90 day) amendment of section, see  2(b) of Gun Offender Registration Emergency Amendment Act of 2010 (D.C. Act 18-464, July 2, 2010, 57 DCR 6908). For temporary (90 day) amendment of section, see  2(b) of Gun Offender Registration Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-539, October 5, 2010, 57 DCR 9610). For temporary (90 day) amendment of section, see  2(b) of Gun Offender Registration Second Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR 126). For temporary (90 day) amendment of section, see  502(i) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) amendment of section, see  502(i) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
 72508.05. Sharing of registration information; Freedom of Information Act exception. (a) Gun offender registration information shall not be made available except as authorized under subsection (b) of this section. No gun offender registration information shall be available as a public record under  2-532. (b) The Chief is authorized to make gun offender registration information available to other local, state, or federal government agencies.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  805; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413.)  Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
 72508.06. Rules. The Chief, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], may issue rules and establish such forms as are necessary to implement the provisions of this subchapter.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  806; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413.)  Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
 72508.07. Penalties; mandatory release condition. (a) Any knowing violation by a gun offender of this subchapter or of rules or regulations established pursuant to this subchapter, including knowingly failing to register, verify, or update information in the manner and within the time periods provided for in this subchapter, shall be a misdemeanor punishable by a fine of not more than $1,000, imprisonment of not more than 12 months, or both. (b) Compliance with the requirements of this subchapter, including any rules or regulations adopted by the Chief pursuant to this subchapter, shall be a mandatory condition after the expiration of any time being served on probation, parole, supervised release, or conditional release for any gun offender convicted in the District of Columbia.  (Sept. 24, 1976, D.C. Law 1-85, title VIII,  807; as added Dec. 10, 2009, D.C. Law 18-88,  205, 56 DCR 7413.)  Section References This section is referenced in  7-2502.03,  7-2507.06, and  7-2508.02. Emergency Legislation For temporary (90 day) addition, see  205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). For temporary (90 days) addition of D.C. Law 1-85,  901 to 910, concerning licenses to carry a pistol, see  2(e) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) addition of provisions concerning the applicability of new section 910 of the Firearms Control Regulations Act of 1975, see  4(b) and (c) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175). For temporary (90 days) repeal of emergency D.C. Act 20-447,  4, the acts applicability clause, see  2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187). For temporary (90 days) addition of D.C. Law 1-85,  901 to 910, concerning licenses to carry a pistol, see  2(f) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of emergency D.C. Act 20-447, see  4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) repeal of temporary D.C. Act 20-169, see  4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). For temporary (90 days) provision concerning the rules issued under the authority of D.C. Act 20-447, see  5 of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527). Temporary Legislation For temporary (225 days) addition of D.C. Law 1-85,  901-910, concerning licenses to carry a pistol, see  2(e) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814).
 72510.01. Definitions. For the purposes of this subchapter, the term: (1) "Extreme risk protection order" means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license. (2) "Petitioner" means a person who petitions the Superior Court of the District of Columbia for an extreme risk protection order under this subchapter and is: (A) Related to the respondent by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship; (B) A sworn member of the Metropolitan Police Department; or (C) A mental health professional, as that term is defined in  7-1201.01(11). (3) "Respondent" means a person against whom an extreme risk protection order is sought.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1001; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(d), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(g) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(d) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(d) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(d) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(d) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(d) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(d) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.02. Petitions for extreme risk protection orders. (a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall: (1) Be in writing; (2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition; (3) To the best of the petitioner's knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent's possession, control, or ownership; and (4) Repealed. (5) Be served on the Office of the Attorney General. (b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties. (c)(1) The Office of the Attorney General may: (A) Intervene in the case and represent the interests of the District of Columbia; or (B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this subchapter. (2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until: (A) The court denies the petition for a final extreme risk protection order pursuant to  7-2510.03; (B) The court terminates a final extreme risk protection order pursuant to  7-2510.08; or (C) The Office of the Attorney General withdraws from the intervention. (d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown. (e) When computing a time period specified in this subchapter, or in an order issued under this subchapter: (1) Stated in days or a longer unit of time: (A) Exclude the day of the event that triggers the time period; (B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and (C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed. (2) Stated in hours: (A) Begin counting immediately on the occurrence of the event that triggers the time period; (B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1002; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(e), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(h) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(e) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(e) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(e) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(e) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(e) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(e) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.03. Final extreme risk protection orders. (a)(1) Upon receipt of a petition filed pursuant  7-2510.02, the court shall order that a hearing be held to determine whether to issue a final extreme risk protection order against the respondent. (2) The initial hearing shall be held within 14 days after the date the petition was filed. (b)(1) Personal service of the notice of hearing and petition shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 7 days before the hearing. (2) If the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service. (3) If the respondent is unable to be personally served after the court has set a new hearing date and required new attempts at service pursuant to paragraph (2) of this subsection, the court may dismiss the petition without prejudice. (c) If the court issues an ex parte extreme risk protection order pursuant to  7-2510.04, the ex parte extreme risk protection order shall be served concurrently with the notice of hearing and petition described in subsection (b)(1) of this section. (d) Upon receipt of a petition filed under  7-2510.02, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that it can conduct a search of the respondent's mental health records and report its findings to the court as required by this subsection. Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General: (1) Conduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition; (2) Conduct a reasonable search of all available records of the respondent's mental health; (3) Perform a national criminal history and firearms eligibility background check on the respondent; and (4) Submit its findings under this subsection to the court. (e) In determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including: (1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others; (2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others; (3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition; (4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent; (5) Respondent's criminal history; (6) Respondent's violation of a court order; (7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and (8) Respondent's use of a controlled substance, as that term is defined in  48-901.02(4). (f) The court shall, before issuing a final extreme risk protection order, examine any witnesses under oath. (g) The court shall issue a final extreme risk protection order if the petitioner establishes by a preponderance of the evidence that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition. (h) A final extreme risk protection order issued under this section shall state: (1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was issued; (2) The date and time the order was issued; (3) The date and time the order will expire; (4) The grounds upon which the order was issued; (5) The procedures for the: (A) Renewal of a final extreme risk protection order pursuant to  7-2510.06; (B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to  7-2510.07; and (C) Termination of a final extreme risk protection order pursuant to  7-2510.08; and (6) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter. (i) A final extreme risk protection order issued pursuant to this section shall expire one year after the issuance of the order, unless the order is terminated pursuant to  7-2510.08 before its expiration.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1003; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(f), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(i) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(f) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(f) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(f) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(f) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(f) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(f) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.04. Ex parte extreme risk protection orders. (a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent. (b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section. (c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including: (1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others; (2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others; (3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition; (4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent; (5) Respondent's criminal history; (6) Respondent's violation of a court order; (7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and (8) Respondent's use of a controlled substance, as that term is defined in  48-901.02. (d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner. (e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition. (f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open. (g) An ex parte extreme risk protection order shall state: (1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license while the order is in effect; (2) The date and time the order was issued; (3) The date and time the order will expire; (4) The grounds upon which the order was issued; (5) The time and place of the hearing to determine whether to issue a final extreme risk protection order; (6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year; (7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to  7-2510.07; and (8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order. (h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown. (i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1004; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(g), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(j) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(g) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(g) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(g) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(g) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(g) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(g) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.05. Service of extreme risk protection orders. (a)(1) Except as provided in subsection (b) of this section, an extreme risk protection order issued pursuant to  7-2510.03 or  7-2510.04, or renewed pursuant to  7-2510.06, shall be personally served upon the respondent by a sworn member of the Metropolitan Police Department. (2) The court shall submit a copy of extreme risk protection order to the Metropolitan Police Department on or before the next day after the issuance of the order for service upon the respondent. Service of an extreme risk protection order shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature. (3) If the Metropolitan Police Department cannot complete personal service upon the respondent within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the petitioner. (4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court. (b) If the respondent was personally served in court when the extreme risk protection order was issued, the requirements of subsection (a) of this section shall be waived.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1005; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(h), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(k) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(i) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(i) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(h) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(h) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(h) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(h) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.06. Renewal of final extreme risk protection orders. (a) At least 120 days before the expiration of a final extreme risk protection order, the court shall notify the petitioner of the date that the order is set to expire and advise the petitioner of the procedures for seeking a renewal of the order. (b) A petitioner may request a renewal of a final extreme risk protection order, including an order previously renewed under this section, at any time within the 120-day period immediately preceding the expiration of the order. (c) Personal service of the notice of hearing and request for renewal shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 21 days before the hearing. (d) In determining whether to renew an extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including: (1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others; (2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others; (3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition; (4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent; (5) Respondent's criminal history; (6) Respondent's violation of a court order; (7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and (8) Respondent's use of a controlled substance, as that term is defined in  48-901.02. (e) The court shall, before renewing a final extreme risk protection order, examine any witnesses under oath. (f) The court shall, after notice and a hearing, renew a final extreme risk protection order if the court finds, by a preponderance of the evidence, that the respondent continues to pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition. (g) A final extreme risk protection order renewed pursuant to this section, shall state: (1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was renewed; (2) The date and time the order was renewed; (3) The date and time the order will expire; (4) The grounds upon which the order was renewed; (5) The procedures for the: (A) Renewal of a final extreme risk protection order pursuant to this section; (B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to  7-2510.07; and (C) Termination of a final extreme risk protection order pursuant to  7-2510.08; and (6) That the petitioner may seek the advice of an attorney as to any matter connected with this subchapter. (h) An extreme risk protection order renewed pursuant to this section shall expire one year after the issuance of the order, unless that order is terminated pursuant to  7-2510.08 before its expiration.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1006; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(i), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(l) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(i) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(i) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(i) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(i) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.07. Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses. (a) Repealed. (b) A Metropolitan Police Department officer serving an extreme risk protection order shall: (1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses be immediately surrendered; and (2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses in the respondent's possession, control, or ownership that are surrendered or discovered pursuant to a lawful search. (c)(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses that have been surrendered or removed and provide a receipt to the respondent. (2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police. (d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent's possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition. (e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated. (f)(1) If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered: (A) Section 7-2506.01; and (B) Sections 22-4503 and 22-4504(a) and (a-1). (2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes of  7-2507.05.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1007; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(j), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(m) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) creation of  7-2510.07a - 7-2510.07d, see  4(k) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(j) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) creation of  7-2510.07a - 7-2510.07d, see  4(k) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(j) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) creation of  7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see  4(k) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  4(j) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) creation of  7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see  3(k) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) amendment of this section, see  3(j) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) creation of  7-2510.07a - 7-2510.07d, see  4(k) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(j) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) creation of  7-2510.07a through 7-2510.07d, see  4(k) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).   For temporary (225 days) amendment of this section, see  4(j) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.07a. Nature and issuance of search warrants. (a) If the court issues a final extreme risk protection order pursuant to  7-2510.03, issues an ex parte extreme risk protection order pursuant to  7-2510.04, or renews a final extreme risk protection order pursuant to  7-2510.06, the court may issue an accompanying search warrant. The search warrant may authorize a search to be conducted anywhere in the District of Columbia and shall be executed pursuant to its terms. (b) A search warrant issued under this section may direct a search of any or all of the following: (1) One or more designated or described places or premises; (2) One or more designated or described vehicles; (3) One or more designated or described physical objects; or (4) The respondent. (c) The search warrant shall authorize the search for, and seizure of, any firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses that the respondent is prohibited from having possession or control of, purchasing, or receiving pursuant to the terms of an extreme risk protection order issued or renewed under this subchapter. (d) A search warrant issued under this section may be addressed to a specific law enforcement officer or to any classification of officers of the Metropolitan Police Department of the District of Columbia or other agency authorized to make arrests or execute process in the District of Columbia. (e) A search warrant issued under this section shall contain: (1) The name of the issuing court, the name and signature of the issuing judge, and the date of issuance; (2) If the search warrant is addressed to a specific officer, the name of that officer, otherwise, the classifications of officers to whom the warrant is addressed; (3) A designation of the premises, vehicles, objects, or persons to be searched, sufficient for certainty of identification; (4) A description of the property whose seizure is the object of the search warrant; (5) A direction that the search warrant be executed between 6 a.m. and 9:00 p.m. or, where the court has found cause therefor, including one of the grounds set forth in  7-2510.07b(c), an authorization for execution at any time of day or night; and (6) A direction that the search warrant and an inventory of any property seized pursuant thereto be returned to the court within 72 hours after its execution.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1007a; as added Apr. 27, 2021, D.C. Law 23-274,  102(k), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) creation of this section, see  4(n) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604). 
 72510.07b. Time of execution of search warrants. (a) A search warrant issued under  7-2510.07a shall not be executed after the expiration of the extreme risk protection order it accompanies, or after 10 days from the date the warrant was issued, whichever is earlier. (b) The search warrant shall be returned to the court after its execution or expiration in accordance with  7-2510.07a(e)(6). (c) A search warrant issued under  7-2510.07a may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to subsection (c) of this section, shall be executed only between 6 a.m. and 9:00 p.m. (d) If the court finds that there is probable cause to believe that the search warrant cannot be executed between 6 a.m. and 9:00 p.m., the property sought is likely to be removed or destroyed if not seized forthwith, or the property sought is not likely to be found except at certain times or in certain circumstances, the court may include in the search warrant an authorization for execution at any time of day or night.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1007b; as added Apr. 27, 2021, D.C. Law 23-274,  102(k), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) creation of this section, see  4(n) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604). 
 72510.07c. Execution of search warrants. (a) An officer executing a search warrant issued under  7-2510.07a directing a search of a dwelling house or other building or a vehicle shall execute that search warrant in accordance with 18 U.S.C.  3109. (b) An officer executing a search warrant issued under  7-2510.07a directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to  23-581(a) for violation of  22-405.01, or other applicable provision of law. (c)(1) An officer or agent executing a search warrant issued under  7-2510.07a shall write and subscribe an inventory setting forth the time of the execution of the search warrant and the property seized under it. (2) If the search is of a person, a copy of the search warrant and of the return shall be given to that person. (3) If the search is of a place, vehicle, or object, a copy of the search warrant and of the return shall be given to the owner thereof or, if the owner is not present, to an occupant, custodian, or other person present. If no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched. (d) A copy of the search warrant shall be filed with the court on the next court day after its execution, together with a copy of the return. (e) An officer executing a search warrant issued under  7-2510.07a directing a search of premises or a vehicle may search any person therein to the extent reasonably necessary to: (1) Protect himself or others from the use of any weapon which may be concealed upon the person; or (2) Find property enumerated in the warrant which may be concealed upon the person.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1007c; as added Apr. 27, 2021, D.C. Law 23-274,  102(k), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) creation of this section, see  4(n) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604). 
 72510.07d. Disposition of property. (a) A law enforcement officer or a designated civilian employee of the Metropolitan Police Department who seizes property in the execution of a search warrant issued under  7-2510.07a shall cause it to be safely kept until the property is returned to: (1) The respondent, upon the expiration of the extreme risk protection order that the search warrant accompanied; or (2) A lawful owner, other than the respondent, claiming title to the property pursuant to  7-2510.07(d). (b) Nothing in subsection (a) of this section shall be construed to require the Metropolitan Police Department to release property seized pursuant to a warrant to a person who did not legally possess the property at the time it was taken. (c) No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States Attorney for the District of Columbia or the Office of the Attorney General.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1007d; as added Apr. 27, 2021, D.C. Law 23-274,  102(k), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) creation of this section, see  4(n) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604). 
 72510.08. Termination of extreme risk protection orders. (a) Any respondent against whom a final extreme risk protection order, including a renewal of the extreme risk protection order, was issued may, on one occasion during the one-year period the order is in effect, submit a written motion to the Superior Court for the District of Columbia requesting that the order be terminated. (b) Upon receipt of the motion for termination, the court shall set a date for a hearing, and notice of the request shall be served on the petitioner. The hearing shall occur at least 14 days after the date of service of the motion upon the petitioner. (c) In determining whether terminate a final extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including: (1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others; (2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others; (3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition; (4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent; (5) Respondent's criminal history; (6) Respondent's violation of a court order; (7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and (8) Respondent's use of a controlled substance, as that term is defined in  48-901.02. (d) The court shall, before terminating a final extreme risk protection order, examine any witnesses under oath. (e) The court shall terminate a final extreme risk protection order if the respondent establishes by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition. (f)(1) If the court grants a motion to terminate pursuant to this section, notice of the termination shall be personally served upon the petitioner and respondent by a sworn member of the Metropolitan Police Department and sent to the petitioner by electronic mail. (1A) If the petitioner or respondent was personally served in court when the motion to terminate an extreme risk protection order was granted, the personal service requirement of paragraph (1) of this subsection shall be waived with respect to the party served in court. (2) The court shall submit a copy of the order issued under this section to the Metropolitan Police Department on or before the next day for service upon the petitioner. Service of a notice of termination shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature. (3) If the Metropolitan Police Department cannot complete personal service upon the petitioner within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the court. (4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1008; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(l), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(o) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(l) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(l) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(l) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(l) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(l) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(l) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.09. Return or disposal of firearms or ammunition. (a)(1) If an extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall notify the respondent that he or she may request the return of any firearm or ammunition surrendered or removed if that firearm or ammunition had been lawfully possessed. (2) The Metropolitan Police Department shall return any surrendered or removed firearm or ammunition requested by a respondent only after confirming that: (A) The respondent is eligible to own or possess the firearms and ammunition; (B) The firearm or ammunition was lawfully possessed; and (C) The respondent has paid any applicable fee charged against the respondent by the Metropolitan Police Department pursuant to subsection 1007(e). (b)(1) If a respondent who lawfully possessed a firearm or ammunition does not wish to have the firearm or ammunition returned, or the respondent is no longer eligible to own or possess firearms or ammunition, the respondent may sell or transfer title of the firearm or ammunition in accordance with applicable law. (2) The Metropolitan Police Department shall transfer possession of a firearm or ammunition through a licensed firearm dealer to a purchaser or recipient, but only after the licensed firearms dealer has displayed written proof of the sale or transfer of the firearm or ammunition from the respondent to the dealer, and the Metropolitan Police Department has verified the transfer with the respondent. (c) If the respondent does not request return of a firearm or ammunition under subsection (a) of this section, or sell or transfer a firearm or ammunition under subsection (b) of this section, within 6 months after the date the extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall treat the firearm or ammunition as surrendered and the firearm or ammunition shall be subject to  7-2507.05(b).  (Sept. 24, 1976, D.C. Law 1-85, title X,  1009; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729). 
 72510.10. Recording requirements. (a) The Metropolitan Police Department shall: (1) Maintain a searchable database of extreme risk protection orders issued, terminated, and renewed pursuant to this subchapter; and (2) Make the information maintained in paragraph (1) of this subsection available to the Superior Court of the District of Columbia, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency upon request. (b) The Mayor, or the Mayor's designee, shall immediately submit information about extreme risk protection orders issued, renewed, or terminated pursuant to this subchapter to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1010; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274,  102(m), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  4(p) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).   For temporary (90 days) amendment of this section, see  4(m) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).   For temporary (90 days) amendment of this section, see  4(m) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).   For temporary (90 days) amendment of this section, see  4(m) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).   For temporary (90 days) amendment of this section, see  3(m) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).  Temporary Legislation  For temporary (225 days) amendment of this section, see  4(m) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).   For temporary (225 days) amendment of this section, see  4(m) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741). 
 72510.11. Violation of an extreme risk protection order. (a) A person violates an extreme risk protection order if, after receiving actual notice of being subject to an extreme risk protection order, the person knowingly has possession or control of, purchases, or receives a firearm or ammunition. (b) A person convicted of violating an extreme risk protection order shall be: (1) Fined no more than the amount set forth in  22-3571.01, or incarcerated for no more than 180 days, or both; and (2) Prohibited from having possession or control of, purchasing, or receiving a firearm or ammunition for a period of 5 years after the date of conviction. (c) A violation of an extreme risk protection order shall not be considered a: (1) Weapons offense; or (2) Gun offense, as that term is defined in  7-2508.01(3).  (Sept. 24, 1976, D.C. Law 1-85, title X,  1011; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729). 
 72510.12. Law enforcement to retain other authority. Nothing in this subchapter shall be construed to affect the ability of a law enforcement officer, as that term is defined in  7-2509.01(3), to remove firearms or ammunition from any person pursuant to other lawful authority.  (Sept. 24, 1976, D.C. Law 1-85, title X,  1012; as added May 10, 2019, D.C. Law 22-314,  2(e), 66 DCR 1672.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).   For temporary (90 days) creation of this section, see  2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729). 
 72510.13. Extreme Risk Protection Order Implementation Working Group. (a) There is established an Extreme Risk Protection Order Implementation Working Group ("Working Group"), which shall be composed of the following individuals: (1) District government members, or their designees: (A) The Chairperson of the Council's Committee on the Judiciary and Public Safety; (B) The Deputy Mayor for Public Safety and Justice; (C) The Deputy Mayor for Health and Human Services; (D) The Attorney General for the District of Columbia; (E) The Chief of the Metropolitan Police Department; (F) The Gun Violence Prevention Director in the Office of the City Administrator; (G) The Executive Director of the Office of Neighborhood Safety and Engagement; (H) The Director of the Department of Youth Rehabilitation Services; (I) The Chief Medical Examiner; (J) The Director of the Department of Forensic Sciences; (K) The Director of the Office of Victim Services and Justice Grants; (L) The Executive Director of the Criminal Justice Coordinating Council; and (M) The Director of the Department of Behavioral Health; and (2) Community members and organizations, or their designees: (A) Everytown for Gun Safety; (B) Moms Demand Action for Gun Sense in America, D.C. Chapter; (C) The Giffords Law Center to Prevent Gun Violence; (D) The Coalition to Stop Gun Violence; (E) Brady: United Against Gun Violence; (F) The D.C. Appleseed Center for Law & Justice; (G) The D.C. Coalition Against Domestic Violence; (H) The D.C. Behavioral Health Association; (I) The Council for Court Excellence; (J) The American Foundation for Suicide Prevention, National Capital Area Chapter; and (K) One representative from each of the District's violence interruption contractors with the Office of Neighborhood Safety and Engagement and the Office of the Attorney General's Cure the Streets program. (b) The Working Group may also request the participation of other subject matter experts, as well as designees of the following: (1) The Chief Judge of the Superior Court of the District of Columbia; and (2) The United States Attorney for the District of Columbia. (c) The Chairperson of the Council's Committee on the Judiciary and Public Safety and the Deputy Mayor for Public Safety and Justice shall serve as the co-chairs of the Working Group. (d) The duties of the Working Group shall include: (1) Improving public awareness of extreme risk protection orders; (2) Improving the coordination of District and federal agencies regarding the filing, adjudication, and execution of extreme risk protection orders; (3) Facilitating the education of behavioral and mental health professionals about extreme risk protection orders; (4) Advancing the development of District government policies and procedures to govern extreme risk protection orders, such as written directives of the Metropolitan Police Department; and (5) Reviewing and incorporating best practices from other jurisdictions concerning extreme risk protection order laws, policies, and procedures. (e) This section shall expire on January 1, 2023.  (Sept. 24, 1976, D.C. Law 1-85,  1013; as added Apr. 27, 2021, D.C. Law 23-274,  102(n), 68 DCR 001034.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2 of Extreme Risk Protection Order Implementation Working Group Second Emergency Amendment Act of 2020 (D.C. Act 24-33, Mar. 17, 2021, 68 DCR 003187).   For temporary (90 days) creation of this section, see  2 of Extreme Risk Protection Order Implementation Working Group Second Emergency Amendment Act of 2020 (D.C. Act 23-598, Jan. 13, 2021, 68 DCR 001197).   For temporary (90 days) creation of this section, see  2 of Extreme Risk Protection Order Implementation Working Group Emergency Amendment Act of 2020 (D.C. Act 23-252, Mar. 17, 2020, 67 DCR 3467).  Temporary Legislation  For temporary (225 days) creation of this section, see  2 of Extreme Risk Protection Order Implementation Working Group Temporary Amendment Act of 2020 (D.C. Law 23-107, June 17, 2020, 67 DCR 3950). 
 72601. Reports by physicians and institutions required. Any physician in the District of Columbia, including persons licensed under Chapter 12 of Title 3, having reasonable cause to believe that a person brought to him or coming before him for examination, care, or treatment has suffered injury caused by a firearm, whether self-inflicted, accidental, or occurring during the commission of a crime, or has suffered injury caused by any dangerous weapon in the commission of a crime, shall report or cause reports to be made in accordance with this chapter; provided, that when a physician in the performance of service as a member of the staff of a hospital or similar institution attends any person so injured, he shall notify the person in charge of the hospital or institution or his designated agent who shall report or cause reports to be made in accordance with this chapter.  (Nov. 6, 1966, 80 Stat. 1355, Pub. L. 89-776,  1; May 10, 1989, D.C. Law 7-231,  7, 36 DCR 492.)  Prior Codifications 1981 Ed.,  2-1361. 1973 Ed.,  2-181. Section References This section is referenced in  14-307.
 72602. Nature and contents of reports. An oral report shall be made immediately by telephone or otherwise, and followed as soon thereafter as possible by a report in writing, to the Metropolitan Police Department of the District of Columbia. Such reports shall contain, if readily available, the name, address, and age of the injured person, and shall also contain the nature and extent of the persons injuries, and any other information which the physician or other person required to make the report believes might be helpful in establishing the cause of the injuries and the identity of the person who caused the injuries.  (Nov. 6, 1966, 80 Stat. 1355, Pub. L. 89-776,  2.)  Prior Codifications 1981 Ed.,  2-1362. 1973 Ed.,  2-182.
 72603. Immunity from liability. Any person, hospital, or institution participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.  (Nov. 6, 1966, 80 Stat. 1355, Pub. L. 89-776,  3.)  Prior Codifications 1981 Ed.,  2-1363. 1973 Ed.,  2-183.
 72701. Health regulations applicable to federal government restaurants; exceptions. (a) The regulations now or hereafter adopted or promulgated by the Mayor of the District of Columbia or the Council of the District of Columbia for the protection of health, including the penalty provisions of such regulations, shall extend and apply to all restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, soda fountains, and all other eating and drinking establishments, operated within the District of Columbia on premises owned or held under lease by the government of the United States or any federal department or agency, irrespective of whether such establishments are operated by the United States or any federal department or agency or by any other person, firm, association, or corporation, and also irrespective of whether such establishments are operated for profit or otherwise. (b) This section shall not apply to the United States Senate and House of Representatives restaurants.  (Dec. 20, 1944, 58 Stat. 826, ch. 613.)  Prior Codifications 1981 Ed.,  6-1301. 1973 Ed.,  6-1101. Section References This section is referenced in  48-102. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Sections 401 and 402 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in  406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 72801. Purpose. The purpose of this chapter is to regulate the sale, lease, rental, installation, service, repair, maintenance, and use of security or fire alarm systems and components thereof, and to license security or fire alarm dealers and agents within the boundaries of the District of Columbia.  (Sept. 26, 1980, D.C. Law 3-107,  2, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(c), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3101.
 72802. Definitions. As used in this chapter, the term: (1) Alarm agent means any employee of an alarm dealer whose duties include the installation, inspection, maintenance, service, or repair of alarm systems. (2) Central alarm station means a facility operated by an alarm dealer for the purpose of receiving alarm signals from a subscriber and relaying information concerning such signals to the Metropolitan Police Department or the District of Columbia Fire Department for response to the scene. (3) Chief of Police means the Chief of Police of the Metropolitan Police Department. (4) Day means calendar day, unless otherwise defined. (5) District means the District of Columbia government. (6) False alarm means any alarm signal communicated to the Metropolitan Police Department or the District of Columbia Fire Department that is not in response to an actual or threatened fire, an actual or attempted burglary, a holdup, an assault, or an unlawful entry requiring an immediate police or fire department response. The term false alarm shall include a negligently or accidentally activated signal; a signal that is the result of faulty, malfunctioning, or improperly installed or maintained equipment; and a signal that is purposely activated to summon the Metropolitan Police Department or the District of Columbia Fire Department in non-emergency situations. The term false alarm shall not include a signal willfully activated by an alarm user upon a good faith belief that an actual or threatened fire, an actual or attempted burglary, a holdup, an assault, or an unlawful entry is about to occur or a signal activated by unusually severe weather conditions or other causes, that is identified and determined by the Mayor to be beyond the control of the user or of the alarm dealer. (6a) Fire Chief means the Chief of the District of Columbia Fire Department. (6b) Fire Department means the District of Columbia Fire Department. (7) Mayor means the Mayor of the District of Columbia or the Mayors designated agent. (8) Metropolitan Police Department means the Metropolitan Police Department of the District of Columbia. (9) Notice means written notice, served personally upon the addressee or a representative designated by him or by law to receive service of papers, or mailed by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon completion of personal service, or upon placing the same in the custody of the United States Postal Service for delivery. Proof of service may be by written acknowledgment of the party served or his or her representative, by return receipt if served by registered or certified mail, or by certificate of the person making the service personally or by mail. The term notice shall not have the above meaning when used in the term notice of violation. (10) Person means any individual, firm, partnership, association, company, corporation, or organization of any kind. (11) Scene means the premises upon which a security alarm is located. (12) Alarm dealer means any person engaged in the business of selling, leasing, renting, installing, inspecting, maintaining, servicing, or repairing alarm systems or components thereof, or receiving alarm signals from a subscriber and relaying information concerning such signals to the Metropolitan Police Department or District of Columbia Fire Department for response to the scene. (13) Alarm system means any device or system that transmits a signal visibly, audibly, electronically, mechanically, or by combination of these methods to indicate an actual or threatened fire, an actual or attempted burglary, a holdup, an assault, or an unlawful entry at a premises, requiring an immediate response to the scene by the Metropolitan Police Department or the District of Columbia Fire Department. The term alarm system shall include a service activated automatically, such as a burglary or fire alarm, and a device activated manually, such as a holdup alarm, but shall not include telephonic lines maintained and operated by public utilities under the regulation of the Public Service Commission over which the signal might be transmitted. (14) Subscriber means any user who employs the services of a central alarm station. (15) User means any person owning and operating an alarm system, regardless of whether the alarm system was purchased or obtained within the boundaries of the District of Columbia.  (Sept. 26, 1980, D.C. Law 3-107,  3, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(d), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3102.
 72803. Prohibition of prerecorded transmittals. Except for signaling devices jointly approved by the District of Columbia Fire Department and the Department of Aging and Community Living under the Life Safety System, no person shall transmit or cause to be transmitted a prerecorded message to report any fire, burglary, holdup, or other emergency directly to the Metropolitan Police Department or the District of Columbia Fire Department by means of any telephone device, telephone attachment, alarm system, or other device. Any person violating this section shall be subject to a fine of up to $100 for each offense.  (Sept. 26, 1980, D.C. Law 3-107,  4, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(e), 35 DCR 1051; Mar. 29, 2019, D.C. Law 22-276,  3(h), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-3103.
 72804. Licensing of alarm dealers. (a) No person shall engage in the business of an alarm dealer within the boundaries of the District of Columbia without first obtaining from the Mayor a license to be known as an alarm dealers license. Such license shall be required in addition to any other license or registration required by law. Any person who engages in the business of an alarm dealer within the boundaries of the District of Columbia without having obtained such a license shall be subject to a fine of up to $300 for each such violation. (b) Application for an alarm dealers license shall be made to the Mayor on a form prescribed by the Mayor. The information provided by each applicant shall be under oath and shall include, but shall not be limited to, the following: (1) The name, address, and telephone number of the applicant; (2) The name, address, and telephone number of the alarm business, the type of business organization, and the names and addresses of the president, vice-president, secretary, treasurer, manager, or other principal officer responsible for the operation of the business or local branch of the business, as applicable; (3) That if the applicant plans to install, inspect, maintain, repair or service any alarm system, such applicant must comply with the provisions of  7-2806(d). (c) Each person whose name is required to be listed on the application shall furnish the Mayor with sets of his or her fingerprints, which shall become part of the application and shall be compared and recorded by the Chief of Police. The Chief of Police shall submit such fingerprints to the Federal Bureau of Investigation and to such other authorities as the Chief of Police may deem advisable for comparison and record checking, and shall make such other investigation as the Chief of Police determines to be relevant. The Chief of Police shall cause such fingerprints to be returned to the Metropolitan Police Department upon completion and record checking by other agencies. The Chief of Police shall report the results of the investigation to the Mayor, who shall determine whether a license shall be issued. (d) Each application required by this section shall be accompanied by a nonrefundable fee to be established by the Mayor; provided, that such fee shall, in the judgment of the Mayor, reimburse the District for the cost of services provided under this section. The term of the license shall be determined by the Mayor. (e) An alarm dealers license may be denied, suspended, or revoked upon any 1 or more of the following grounds: (1) That the applicant made a false statement of a material fact in the application; (2) That the applicant or licensee has violated any provision of this chapter, or any other applicable act or regulation governing such licenses; or (3) That the applicant or licensee or other person specified in subsection (b) of this section has been convicted of a felony within the last 10 years, or of a misdemeanor involving unlawful entry or the unlawful taking of the property of another within the last 5 years, unless the Mayor determines that the issuance or continuance of a license would not constitute a significant risk to the community. The Mayor shall consider the following factors in determining whether a significant risk exists: (A) The nature of the crime and its relationship to the duties and circumstances of participation in the business; (B) information pertaining to the degree of rehabilitation of the convicted person; and (C) the time elapsed since conviction. (f) The Mayor may refuse to license, or may suspend or revoke any license in accordance with the provisions of this chapter, by notifying the applicant or licensee in writing and setting forth reasons authorized by subsection (e) of this section for such suspension or revocation. The Mayor may order a suspension for a period not to exceed 6 months. Any person whose license has been revoked may not apply for reissuance until 6 months after the date of revocation. Reissuance shall be subject to payment of the same fee required for obtaining an original license. (g) Whenever the Mayor proposes to deny, suspend, or revoke a license, he shall serve upon the applicant or licensee written notice which shall: (1) State the nature of the proposed action; (2) Set forth facts which constitute the basis for the proposed action; (3) Advise the applicant or licensee that he has the opportunity to submit information, within 10 days of service of the notice of proposed action, bearing on such proposed action for consideration by the Mayor; (4) Advise the applicant or licensee that unless information is submitted pursuant to this section, the notice of proposed action shall constitute the notice of final action 10 days after service of such notice. (h) In conjunction with the authority granted by this section, the Mayor shall have the authority to enter into agreements of assurance of compliance or discontinuance prior, or as an alternative, to denial, suspension, or revocation of license. (i) Prior to any final action by the Mayor to suspend or revoke a license pursuant to this section, the license shall remain effective until its normal expiration date. (j) Any person who has been served with a notice of final action may file a request for a hearing with the Office of Administrative Hearings. Any such hearing shall be held in accordance with of Chapter 5 of Title 2.  (Sept. 26, 1980, D.C. Law 3-107,  5, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(f), 35 DCR 1051; Apr. 13, 2005, D.C. Law 15-354,  17, 52 DCR 2638.)  Prior Codifications 1981 Ed.,  6-3104. Section References This section is referenced in  7-2805. Effect of Amendments D.C. Law 15-354 rewrote subsec. (j) which had read: (j) Any person upon whom a notice of final action has been served may file with the Board of Appeals and Review, established by Organization Order No. 112, dated August 11, 1955, a written demand for a hearing. Any such hearing shall be held in accordance with the provisions of Chapter 5 of Title 2 and the Rules of Procedure of the Board of Appeals and Review adopted May 17, 1974. Cross References Alarm agents licenses, denial suspension, or revocation, see  7-2805.
 72805. Licensing of alarm agents. (a) No person shall act as an alarm agent within the boundaries of the District of Columbia without first obtaining a license to be known as an alarm agents license. A person to whom an alarm dealers license has been issued may obtain an alarm agents license without payment of any additional license fee. Any person who violates this section shall pay a fine of not more than $300. Alarm agents licenses shall be issued in the form of an identification card. (b) Application for an alarm agents license shall be made to the Mayor on a form prescribed by the Mayor. The information provided by the applicant shall be under oath and shall include, but shall not be limited to the following: (1) The name, address, and telephone number of the applicant; (2) The name, address, and telephone number of the alarm business by whom the applicant will be employed; and (3) A signed statement by the owner or manager of the particular alarm business indicating that employment has been offered to the applicant. (c) Each applicant for an alarm agents license shall furnish the Mayor with sets of his or her fingerprints, which shall be processed in the manner set forth in  7-2804(c). (d) Each application required by this section shall be accompanied by a nonrefundable fee to be established by the Mayor; Provided, that such fee shall, in the judgment of the Mayor, reimburse the District for the cost of services provided under this section. The term of the license shall be determined by the Mayor. (e) Each alarm agent, and each alarm dealer whose duties include the installation, inspection, maintenance, servicing, or repair of alarm systems, shall carry on his or her person at all times while engaged in such duties a valid licensee identification card. Such identification card shall include the name of the alarm agent, a photograph of the alarm agent, and an identification number. Such card shall be displayed upon request. Identification cards are not transferable, and must be surrendered to the Mayor upon termination of employment as an alarm agent or suspension or revocation of an alarm agents license. (f) Alarm agents licenses shall be subject to denial, suspension, or revocation on the grounds set forth in  7-2804(e). Procedures for the denial, suspension, or revocation of such a license shall be as set forth in  7-2804(f), (g), (i), and (j). (g) Any license issued pursuant to this section shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.  (Sept. 26, 1980, D.C. Law 3-107,  6, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(g), 35 DCR 1051; Apr. 20, 1999, D.C. Law 12-261,  2003(l), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,  3(j), 50 DCR 6913.)  Prior Codifications 1981 Ed.,  6-3105. Section References This section is referenced in  47-2853.04. Effect of Amendments D.C. Law 15-38, in subsec. (g), substituted an Inspected Sales and Services endorsement to a basic business license under the basic for a Class A Inspected Sales and Services endorsement to master business license under the master. Cross References Regulated non-health related occupations and professions, see  47-2853.04. Emergency Legislation For temporary (90 day) amendment of section, see  3(j) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
 72806. Duties of alarm dealers. (a) Alarm dealers shall maintain in a secure and confidential manner records of all sales, leases, rentals, or installations of alarm systems and of service calls for alarm systems. Such records shall include the name of the alarm user, the address of the premises at which the alarm system is located, the date of installation or service call, and such other information as the Mayor may require. Such records shall be maintained for a period of no less than 1 year, unless specific records are required to be maintained for a longer period by the Mayor. (b)(1) Alarm dealers shall provide to users complete oral and written instructions and demonstrations in the proper care and use of any alarm or alarm system sold to or installed for a user. (2) Warranties provided by alarm dealers to users shall be in writing. Alarm dealers shall also provide users with copies of written warranties by the manufacturer which are enforceable by the user. (3) Alarm dealers shall inform alarm users that the use of alarms within the boundaries of the District of Columbia is governed by law. (4) Upon the sale or installation of an alarm system, alarm dealers shall obtain from the alarm user a written acknowledgment that the requirements set forth in this subsection have been met. Such acknowledgment shall be signed by the user and maintained as part of the records required to be kept by subsection (a) of this section. (c) Alarm dealers who contract with a user to respond to the scene of an alarm activation shall post on the premises, in a conspicuous place visible from outside the premises, a sticker or other sign indicating the name and telephone number of the alarm dealer. When an alarm system has been activated the alarm dealer shall have an alarm agent present at the premises within 1 hour after being requested to do so by the Metropolitan Police Department or District of Columbia Fire Department, unless good cause is shown. (d) Alarm dealers have an affirmative duty to adequately train and supervise alarm agents in their employ. Any alarm dealer which installs, inspects, maintains, repairs or services any alarm system must employ or otherwise engage the services of at least 1 person who possesses, at a minimum, a current master electrician limited license which is valid in the District.  (Sept. 26, 1980, D.C. Law 3-107,  7, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(h), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3106. Section References This section is referenced in  7-2804.
 72807. Duties of security alarm users. (a) An alarm system user shall not cause or permit any false alarm. (b) It shall be the responsibility of alarm users to instruct any employees or others who may have occasion to activate an alarm that alarm systems are to be activated only in emergency situations to summon an immediate police or fire department response. Alarm users shall also instruct appropriate employees as to the operation of the alarm system, to include setting, activation, and resetting of the alarm. (c) Alarm users shall be responsible for seeing that alarm systems are maintained in good working order and that defects which could cause false alarms are promptly repaired. (d) Users of alarm systems who have not contracted with an alarm dealer for an alarm agent to respond to the scene of alarm activations shall indicate the telephone numbers of at least 2 responsible persons who are capable of deactivating and resetting the alarm system and of assisting the police or fire department to secure the premises, if necessary, and who may be notified by the Metropolitan Police Department or District of Columbia Fire Department to respond to the scene by either: (1) posting the names of such persons on a sticker or other sign on the premises in a conspicuous place visible from outside the premises; or (2) filing the names with the Mayor as defined by regulation. Such person or persons shall respond to the scene within one-half hour after being requested to do so by the Metropolitan Police Department or District of Columbia Fire Department, unless good cause is shown.  (Sept. 26, 1980, D.C. Law 3-107,  8, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(i), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3107.
 72808. Standards for security and fire alarm systems. (a) No person shall install or maintain an audible alarm system which creates a sound capable of being mistakenly identified as that of an emergency vehicle siren or a civil defense warning siren. (b) The Mayor is authorized to deactivate any exterior audible alarm system which continues to emit a sound for more than one-half hour. (c) No person shall install or maintain an alarm system which does not have some safeguard which allows reasonable delay to halt or recall an accidental alarm activation before the alarm is communicated to the Metropolitan Police Department or District of Columbia Fire Department for response to the scene.  (Sept. 26, 1980, D.C. Law 3-107,  9, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(j), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3108.
 72809. Exceptions. (a) This chapter shall not apply to the use of alarm systems by law-enforcement personnel for law-enforcement purposes. (b) This chapter shall not apply to alarm systems installed in motor vehicles, boats, or aircraft. (c) This chapter shall not apply to alarm systems which do not communicate directly or indirectly with the Metropolitan Police Department or District of Columbia Fire Department to request a police or fire department response, but which are designed solely to alert personnel or others directly connected with or employed by the owner or operator of the protected premises or an agency who are required to respond to the scene of the activation prior to initiating a call for police or fire department services. (d) This chapter shall not apply to persons engaged solely in the manufacture or sale of alarm systems or components thereof from a fixed location. (e) This chapter shall not apply to telephone answering services which receive alarm activation signals and relay information to the Metropolitan Police Department or District of Columbia Fire Department, but do not function in any other manner as an agency or alarm dealer. (f) This chapter shall not apply to electricians who may have occasion to deal with electrical components of alarm systems, but who are not alarm dealers or alarm agents, or acting in any such capacity. (g) This chapter shall not apply to any alarm system used, operated, or installed in any premises or place owned, leased, occupied, or under the control of the governments of the United States or the District of Columbia, nor to any officer, agent, or employee of either government while acting or employed in his official capacity.  (Sept. 26, 1980, D.C. Law 3-107,  10, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(k), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3109.
 72810. Inspections. The Mayor is authorized to inspect the facilities of any alarm dealer, central alarm station, or commercial user or subscriber during reasonable business hours to determine whether the requirements of this chapter are being met. Information obtained pursuant to such inspections shall be kept confidential and used only in conjunction with the enforcement of this chapter or for other authorized purposes.  (Sept. 26, 1980, D.C. Law 3-107,  11, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(l), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3110.
 72811. Penalties generally. (a) Unless otherwise specified, any person who violates a provision of this chapter shall be fined no less than $40 nor more than $100. (b) All fines levied pursuant to this chapter are civil in nature. (c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.  (Sept. 26, 1980, D.C. Law 3-107,  12, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(m), 35 DCR 1051; Mar. 8, 1991, D.C. Law 8-237,  18, 38 DCR 314.)  Prior Codifications 1981 Ed.,  6-3111.
 72812. Notice of violation. (a) The Mayor may issue a notice of violation to any person who violates a provision of this chapter. (b) A notice of violation shall: (1) State the nature of the violation; and (2) Describe the procedures provided in this section and  7-2813. (c) A notice of violation shall be the summons and complaint for purposes of this chapter. A duplicate of the notice of violation shall be served personally on the person to whom it is issued as provided in subsection (d) of this section. The original or a facsimile thereof shall be filed with the Office of the Corporation Counsel and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein. (d) A notice of violation shall be served personally upon the alleged violator. If the alleged violator is not present the notice of violation shall be served by affixing such notice to the place of business (in the case of an alarm dealer or agent) or to the scene (in the case of an alarm user) in a conspicuous place. (e) A person shall answer a notice of violation within 15 days by: (1) Depositing and forfeiting collateral in an amount established by rule or order of the Mayor; or (2) Depositing collateral in an amount established by rule or order of the Mayor and requesting the Superior Court of the District of Columbia to set a trial date. (f) The Mayor shall prescribe the form for the notice of violation. A Mayors rule or order establishing the amount of collateral shall become effective at expiration of 30 days unless the Council of the District of Columbia shall, during such period, adopt a resolution disapproving such Mayors rule or order.  (Sept. 26, 1980, D.C. Law 3-107,  13, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(n), 35 DCR 1051; May 10, 1989, D.C. Law 7-231,  22, 36 DCR 492.)  Prior Codifications 1981 Ed.,  6-3112. Section References This section is referenced in  7-2813,  7-2814, and  7-2815.
 72813. Trial. (a) Unless otherwise provided, the conduct of any civil trial commenced pursuant to  7-2812 shall be governed by the Rules of the Superior Court of the District of Columbia. (b) In such trial, the complaint of a violation of this chapter shall be brought in the name of the District of Columbia by the Corporation Counsel. The burden of proof shall be upon the District of Columbia and no violation of this chapter may be established except upon proof by a preponderance of the evidence.  (Sept. 26, 1980, D.C. Law 3-107,  14, 27 DCR 3760.)  Prior Codifications 1981 Ed.,  6-3113. Section References This section is referenced in  7-2812.
 72814. Collection of fines and fees. (a) All fines, collateral and fees collected pursuant to this chapter shall be paid into the General Fund of the District of Columbia. (b) A fine or collateral is due and payable under this chapter upon default or a finding at trial in favor of the District or upon the failure of a person to answer a notice of violation within 15 days as provided in  7-2812(e). (c) Failure of a person to pay a fine or collateral when due shall cause such fine or collateral to be due and payable in twice the original amount not to exceed $300. (d) The District of Columbia shall have a lien upon any amount due and payable as a fine or collateral pursuant to this chapter. However, no such lien shall be effective unless: (1) the District shall have filed in the Office of the Recorder of Deeds of the District of Columbia, in a docket provided for such liens, a written statement containing the name and address of the violator and the date and approximate place of the violation; and (2) the District shall have given notice of the filing of such lien to the violator. Thereafter, the District is authorized to file suit in the amount of its lien.  (Sept. 26, 1980, D.C. Law 3-107,  15, 27 DCR 3760.)  Prior Codifications 1981 Ed.,  6-3114.
 72815. Miscellaneous provisions. (a) In accordance with Chapter 5 of Title 2, the Mayor shall issue such rules and procedures as are necessary to implement this chapter. Except as provided by the Mayor, the Metropolitan Police Department and District of Columbia Fire Department shall be responsible for the enforcement of this chapter and the issuance of any notice of violation pursuant to  7-2812. (b) If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining provisions.  (Sept. 26, 1980, D.C. Law 3-107,  16, 27 DCR 3760; Mar. 29, 1988, D.C. Law 7-99,  2(o), 35 DCR 1051.)  Prior Codifications 1981 Ed.,  6-3115.
 72831. Private Security Camera System Incentive Program. (a) There is established a Private Security Camera System Incentive Program ("Program"), to be administered by the Mayor, to encourage the purchase and installation of a security camera system on the exterior of a building owned or leased by an individual, business, nonprofit, religious institution, or other entity as defined in  29-101.02(10), and to require registration of the system with the Metropolitan Police Department. (b) To be eligible for the rebate provided for in this section, a property owner or lessee shall: (1) After September 22, 2015, purchase and install a system on the exterior of the building; (2) Register the system with the Metropolitan Police Department; (3) Submit a rebate claim in accordance with Program rules promulgated pursuant to subsection (f) of this section; and (4) Meet all additional requirements and criteria provided for in Program rules promulgated pursuant to subsection (f) of this section. (c)(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this section, the Program shall provide a rebate as follows; provided, that the amount of the rebate shall not be more than the purchase price of the system: (A) Up to $200 per camera installed on the exterior of a building owned or leased by an individual, with a maximum rebate of up to $500 per system per residential address; or (B) Up to $200 per camera installed on the exterior of a building owned or leased by a business, nonprofit, religious institution, or other entity as defined in  29-101.02(10) with a maximum rebate of up to $750 per system per address. (2) Rebates shall be contingent upon the availability of funds. (3) No rebates shall be issued until the Mayor promulgates rules pursuant to subsection (f) of this section. (d) To be eligible for the voucher provided for in this section, a property owner or tenant of a residence shall: (1) Provide proof of receipt of public assistance under the Chapter 2 of Title 4; (2) Submit an application to the Mayor for the installation of a system; and (3) Meet all additional requirements and criteria provided for in Program rules promulgated pursuant to subsection (f) of this section. (e)(1) Upon approval of a voucher application submitted pursuant to subsection (d) of this section, the Program shall provide vouchers as follows: (A) Vouchers shall not exceed the amount for a rebate claim under subsection (c)(1)(A) of this section. (B) Vouchers shall be contingent upon the availability of funds. (C) No vouchers shall be issued until the Mayor promulgates rules pursuant to subsection (f) of this section. (2) Tenants of properties owned by the District of Columbia Housing Authority shall not be eligible for a voucher under this section. (f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section, including: (1) Requirements for proof of purchase and system verification; (2) Procedures for registering a system with the Metropolitan Police Department, including a certification by the recipient providing that the recipient shall not use the system to intentionally record specific individuals conducting lawful activity; (3) Identification of priority areas for Program eligibility; provided, that the priority areas include at least one area in each ward identified by crime levels and other public safety indicators in the corresponding police service area; and (4) Requirements and procedures for participating in the voucher option under subsection (d) of this section. (g) Any rebate or voucher issued under this section shall not be considered income for purposes of District of Columbia income tax. (h) From Janaury 15, 2016 to the issuance of the final rebate or voucher under this Program, the Mayor shall provide an annual report to the Council by January 15 of each year and a monthly update on the website of the District government agency that administers the Program that includes the following information: (1) The total number of rebates and vouchers issued; (2) The total number of private security cameras paid for by the Program; (3) The number of rebates and vouchers issued in each police service area; (4) The number of rebates issued pursuant to subsection (c)(1)(A) or (B) of this section, respectively; (5) The number of rebates and vouchers issued in each priority area identified pursuant to subsection (f)(3) of this section; (6) The number of times the Metropolitan Police Department requested footage from a Program recipient, and whether the request was granted or denied by the Program recipient; (7) The number of times that footage from a private security camera contributed to a successful arrest by the Metropolitan Police Department, including a breakdown by offense; and (8) An analysis of the Programs implementation and plans for future expansion, if any. (i) For the purposes of this section, the term "security camera system" or "system" means one or more outdoor surveillance cameras with functioning digital video recording capability.  (June 30, 2016, D.C. Law 21-125,  214, 63 DCR 4659; Oct. 30, 2018, D.C. Law 22-168,  3032(b), 65 DCR 9388.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  3032(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  3032(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90 days) creation of this section, see  2 of Private Security Camera Incentive Program Congressional Review Emergency Act of 2016 (D.C. Act 21-361, Apr. 27, 2016, 63 DCR 6826). 
 72832. Private Security Camera Incentive Fund. (a) There is established as a special fund the Private Security Camera Incentive Fund ("Fund"), which shall be administered by the Mayor in accordance with subsections (c) and (d) of this section. (b) Revenue from the following sources shall be deposited in the Fund: (1) Funds appropriated by the District; (2) Grants; (3) Donations from the public; and (4) Donations from private entities. (c) Money in the Fund shall be used to implement the Private Security Camera Incentive Program ("Program"), including: (1) Providing rebates to eligible participants; (2) Providing vouchers to eligible participants; and (3) Appropriate overhead or administrative expenses related to the Program and the Fund. (d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (June 30, 2016, D.C. Law 21-125,  215, 63 DCR 4659.)  Emergency Legislation  For temporary (90 days) creation of this section, see  3 of Private Security Camera Incentive Program Congressional Review Emergency Act of 2016 (D.C. Act 21-361, Apr. 27, 2016, 63 DCR 6826). 
 72851. Definitions. For the purposes of this chapter, the term: (1) Department of Health means the District of Columbia Department of Health. (2) Engineered sharps injury protection means a physical attribute built into a sharp that effectively reduces the risk of an exposure incident by a mechanism such as a barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms. (3) Exposure incident means contact with blood or other potentially infectious materials that results from a sharp injury. (4) Person means any individual, corporation, or other such entity that sells, distributes, uses, or possesses sharps. (5) Sharp means any medical device that is or contains a needle. (6) Sharps injury means any injury caused by a sharp, including cuts, abrasions, or needlesticks.  (Apr. 4, 2001, D.C. Law 13-272,  2, 48 DCR 1633.) 
 72852. Prohibition. (a) No sharp shall be sold, distributed, used, or possessed within the District of Columbia (District) unless its premarket notification for medical devises with engineered sharps injury protections has been approved by the United States Food and Drug Administration, pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C.  360(k)). (b) The Director of the Department of Health (Director) may provide a waiver of the prohibition in subsection (a) of this section to any person that can establish through objective data that: (1) The use of sharps without engineered sharps injury protections is essential to the performance of a specific medical procedure; (2) Sharps with engineered sharps injury protections are not presently available for use in that medical procedure; and (3) In the case of a manufacturer, the manufacturer is currently developing, and will continue to develop: (A) Sharps with engineered injury protections; or (B) Medical devices that do not incorporate a needle into their design that are suitable for the specific medical procedure. (c) For a period of one year following the implementation of the prohibition pursuant to subsection (a) of this section and  7-2858, a waiver of the prohibition shall be granted to all persons for use of syringes that are pre-filled with medications by a pharmaceutical company. (d) This chapter shall not apply to the sale, distribution, use, or possession of sharps used in the practice of dentistry or in the self-administration of drugs, medicines, or other treatments.  (Apr. 4, 2001, D.C. Law 13-272,  3, 48 DCR 1633.) 
 72853. Reporting. Any person involved in an exposure incident within the District shall report the incident to the Director within 90 days of its occurrence. The report shall include the date and time of the exposure, the type and brand of sharp involved in the exposure incident, and a description of the exposure incident. The Director shall compile an annual report of all exposure incidents within the District and make the report available to the public upon request.  (Apr. 4, 2001, D.C. Law 13-272,  4, 48 DCR 1633.) 
 72854. Penalties. (a) Any person who violates the provisions of this chapter shall be subject to a civil penalty not to exceed $1,000. The Corporation Counsel of the District of Columbia may bring an action to restrain violations of the provisions of this chapter. (b) Any person who willfully and intentionally violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to the following: (1) On a first offense, a fine of not more than $5,000 or imprisonment for not more than 30 days, or both; and (2) On a second or subsequent offense, a fine of not more than $10,000 or imprisonment for not more than 90 days, or both.  (Apr. 4, 2001, D.C. Law 13-272,  5, 48 DCR 1633.) 
 72855. Rules. The Director, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Apr. 4, 2001, D.C. Law 13-272,  6, 48 DCR 1633.) 
 72856. Appropriations. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-272,  7, 48 DCR 1633; Aug. 16, 2008, D.C. Law 17-219,  7026, 55 DCR 7598.) 
 72857. Nonseverability. If any provision of this chapter or its application to any person or circumstances is held to be unconstitutional, beyond the statutory authority of the Council of the District of Columbia, or otherwise invalid, then all provisions of this chapter shall be deemed invalid.  (Apr. 4, 2001, D.C. Law 13-272,  8, 48 DCR 1633.) 
 72858. Applicability. This chapter shall apply 12 months after April 4, 2001.  (Apr. 4, 2001, D.C. Law 13-272,  9, 48 DCR 1633.)  Section References This section is referenced in  7-2852.
 72871.01. Definitions. For the purposes of this chapter, the term: (1) Athlete means a person who engages in athletic activity who is 18 years old or younger. (2) Athletic activity means a program or event, including practice and competition, organized as part of a school-sponsored, interscholastic-athletic program, an athletic program sponsored by the Department of Parks and Recreation, or an athletic program under the auspices of a nonprofit or for-profit organization. The term athletic activity includes participation in physical education classes that are part of a school curriculum. (3) Concussion means a traumatic injury to the brain causing a change in a persons mental status at the time of the injury, such as feeling dazed, disoriented, or confused, which may or may not involve a loss of consciousness, resulting from: (A) A fall; (B) A blow or jolt to the head or body; (C) The shaking or spinning of the head or body; or (D) The acceleration and deceleration of the head. (4) School means a public school operated under the authority of the Mayor and any charter, parochial, or private school in the District.  (Oct. 20, 2011, D.C. Law 19-22,  2, 58 DCR 6506.) 
 72871.02. Concussion protection. (a) An athlete who is suspected of sustaining a concussion in an athletic activity shall be immediately removed from physical participation in the athletic activity. (b) An athlete who has been removed from an athletic activity may not return to physical participation in the athletic activity until he or she has been evaluated by a licensed or certified health-care provider and receives written clearance to return to physical participation in the athletic activity from the evaluating health-care provider.  (Oct. 20, 2011, D.C. Law 19-22,  3, 58 DCR 6506.) 
 72871.03. Training program. (a) The Mayor shall establish, through rulemaking, a training program on: (1) The nature and risk of a concussion; (2) The criteria for the removal of an athlete from physical participation in an athletic activity and his or her return to it; and (3) The risks to an athlete of not reporting an injury and continuing to physically participate in the athletic activity. (b) The Mayor shall determine, through rulemaking, which individuals shall be required to complete the training program. (c) In addition to those individuals required to complete the training program, the Department of Health may make the program available to any interested individual, including school personnel, parents, students, and athletes.  (Oct. 20, 2011, D.C. Law 19-22,  4, 58 DCR 6506.) 
 72871.04. Materials development and distribution. (a) The Department of Health shall create educational materials on the nature and risk of concussions. (b) Before an athlete may participate in an athletic activity, the organizing entity shall provide the educational materials developed pursuant to subsection (a) of this section to the athlete and the parent or guardian of the athlete. The athlete and the parent or guardian of the athlete shall sign a statement acknowledging receipt of the materials and return it to the organizing entity before the athlete shall be allowed to participate in the athletic activity.  (Oct. 20, 2011, D.C. Law 19-22,  5, 58 DCR 6506.) 
 72871.05. Rules. (a)(1) Within 120 days of October 20, 2011, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. (b) The Mayor, through rulemaking, may expand the authority of this chapter to include athletic activities that are non-interscholastic school-sponsored or organized by a non-governmental organization.  (Oct. 20, 2011, D.C. Law 19-22,  6, 58 DCR 6506.) 
 72901. Establishment; purpose. There is established a Health Care System Development Commission (Commission) to develop recommendations and an implementation plan for developing the health care system.  (Oct. 20, 1999, D.C. Law 13-38,  1302, 46 DCR 6373.)  Emergency Legislation For temporary (90-day) addition of  7-2901 to 7-2906, see  1302 to 1307 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320). Short Title Section 1301 of D.C. Law 13-38 provided: This title may be cited as the Health Care System Development Commission Establishment Act of 1999.
 72902. Qualifications; membership; terms of office. (a) The Commission shall consist of 11 members as follows: (1) There shall be 3 ex-officio voting members as follows: (A) The Mayor of the District of Columbia (Mayor); (B) The Chairman of the Council of the District of Columbia (Council); and (C) The Chairman of the Councils Committee on Human Services. (2) There shall be 5 members appointed by the Mayor and 3 members appointed by the Council by resolution. (A) Appointed members of the Commission shall be persons with proven expertise in health care delivery, finance, insurance, public health, integrated health care delivery systems, or strategic planning. (B) Appointed members of the Commission shall be residents of the District. (b) A vacancy on the Commission shall be filled in the same manner that the original appointment was made. (c) The Commission shall select a chair from among its ex-officio members. (d) Six members of the Commission shall constitute a quorum. (e) The term of members shall end 180 days after October 20, 1999.  (Oct. 20, 1999, D.C. Law 13-38,  1303, 46 DCR 6373.) 
 72903. Compensation. Members of the Commission shall not receive compensation or reimbursement for actual expenses incurred in the performance of official duties.  (Oct. 20, 1999, D.C. Law 13-38,  1304, 46 DCR 6373.) 
 72904. Duties. (a) The Commission shall establish criteria to be used in the development of recommendations. The criteria shall include, but not be limited to, the following: (1) Efficiency and effectiveness of the Districts health care system; (2) Access to quality health care services; (3) Consistency with financial plan and budget of the District; (4) Community impact; and (5) Economic benefits. (b) Within 120 days after its initial meeting, the Commission shall develop a set of recommendations for developing the health care system which addresses the following: (1) Inpatient bed over-capacity; (2) Distribution of health care services and providers; (3) The role and the needs of the District of Columbia Public Benefit Corporation; (4) Maintenance of safety net providers; (5) Impediments to accessing care beyond the lack of health care insurance; (6) Fiscal impact of expanding health insurance coverage, including a study of the utilization of available health maintenance organization coverage by the Medicaid eligible population for each year since the advent of Medicaid HMO coverage in the District of Columbia, and the number of medically indigent District residents who have been provided care at area hospitals as compared to the total number of medically indigent persons who have received care in each hospital in each of the past 3 years; (7) Implementation schedule for developing the health care system; and (8) Other issues. (c) The recommendations shall be developed in accordance with the criteria established in this section.  (Oct. 20, 1999, D.C. Law 13-38,  1305, 46 DCR 6373.) 
 72905. Approval of recommendations. (a) The Mayor shall transmit the recommendations of the Commission to the Council for approval. (b) The recommendations shall be transmitted to the Council for a 45-day period, excluding days of Council recess. The Council shall take action to approve or disapprove the recommendations. If the Council does not take action within the 45-day period, the recommendations shall be deemed disapproved.  (Oct. 20, 1999, D.C. Law 13-38,  1306, 46 DCR 6373.)  Resolutions Resolution 13-594, the Health Care System Development Commission Recommendations Emergency Approval Resolution of 2000, was approved effective June 26, 2000.
 72906. Office space and staffing. (a) The Mayor shall provide sufficient office space, detail staff, and technical and administrative support to assist the Commission in the fulfillment of its duties. (b) The Commission shall have the authority to request directly from each department, agency, or instrumentality of the District government, and each department, agency, or instrumentality is hereby authorized to furnish directly to the Commission upon its request, any information deemed necessary by the Commission to carry out its functions under this subchapter.  (Oct. 20, 1999, D.C. Law 13-38,  1307, 46 DCR 6373.) 
 7231.01. Definitions. For the purposes of this chapter, the term: (1) "Amendment" means a change to a certification item on a vital record after a vital record has been filed. (2) "Applicant" means an individual who files information necessary to create a vital record, seeks to amend an existing vital record, or seeks to obtain a copy of, or information from, a vital record. (3) "Application" means a formal request to an authority for access to vital records, vital event data, and other related documentation. The application requirements for services to be obtained from the Vital Records Division shall be defined by rules issued pursuant to  7-231.29. (4) "Attending physician" means the physician who was in charge of the decedent's treatment during the decedent's hospitalization at the time of death. (5) "Certificate" means the document, paper, or electronically formatted vital record, issued by the Registrar that contains all or a part of the information on the original vital record, that, when issued by the Registrar, has the full force and effect of the original vital record. (6) "Certification" means an attestation to the accuracy of information contained in a vital record or on a vital event report. (7) "Certificate item" means any item of information that appears on a certificate that is issued to an applicant. (8) "Certifier" means an individual required to attest to the accuracy of the information submitted in a vital record or on a vital event report. (9) "Correction" means a change to a non-certification item on a vital record. (10) "Court" means the Superior Court of the District of Columbia or an equivalent court from another jurisdiction. (11) "Day" means a calendar day. (12) "Dead body" means a human body or the parts of a human body that have been pronounced deceased. (13) "Death certifier" means either the physician providing treatment at the time of death or the medical examiner investigating the cause and manner of death. (14) "Department" means the Department of Health. (15) "Designated representative" means an agent identified in a written and witnessed statement signed by the registrant or a qualified applicant to act on the registrant's or applicant's behalf. (16) "Disclose" or "disclosure" means to make available or make known personally identifiable information contained in a vital record, by any means of communication. (17) "Disinter" or "disinterment" means the act of removing a dead body from the place of interment. (18) "Domestic partner" means an individual who has registered either in accordance with  32-702(a), or in another jurisdiction that recognizes a substantially similar relationship pursuant to  23-702(i) . The term "domestic partner" shall not include a domestic partner who is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child. (19) "Domestic partnership" means a relationship between 2 domestic partners as defined in paragraph (18) of this section. (20) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by an individual with the intent to attest to the accuracy of the facts in the contract or record. (21) "Expected death" means a death from a previously diagnosed illness after a prognosis of death in less than 6 months. (22) "Facts of live birth" means a child's name, date of live birth, place of live birth, and sex, as well as the name or names of no more than 2 parents appearing on the record of live birth. (23) "Fetal death" means death before the complete expulsion or extraction from its mother of a product of human conception, regardless of the duration of pregnancy. Fetal death is indicated when, after the expulsion or extraction, a fetus does not breathe or show any other evidence of life, including beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. The term "fetal death" shall not include an induced termination of pregnancy. (24) "File" means a presentation to the Registrar of a vital event report, whether by electronic or other means, for registration in the system of vital records. (25) "Final disposition" means a burial, interment, cremation, removal from the District, or other authorized disposition of a dead body or fetus. (26) "IV-D agency" means the organizational unit of the District government, or any successor organizational unit, that is responsible for administering or supervising the administration of the District's State Plan under title IV, part D, of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C.  651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders. (27) "Funeral director" means an individual licensed by the District to perform the practice of funeral directing or acting under the authority of such an individual, including morticians, undertakers, and embalmers who perform duties included in the practice of funeral directing for which licensure is required in the District. (28) "Gender identity or expression" means a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual's assigned sex at birth. (29) "Health research" means a systematic study conforming to or conducted in accordance with generally accepted scientific standards or principles to gain information and understanding about health with the goal of finding ways to improve human health. (30) "Human remains" means a dead body, or any part of the body of a deceased human being. The term "human remains" shall not include human ashes recovered after cremation. (31) "Individual" means a natural person. (32) "Induced termination of pregnancy" means a purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant, and that does not result in a live birth. (33) "Informant" means an individual authorized by relationship to the registrant to provide information to complete vital event registration. (34) "Institution" means any establishment, public or private, that provides in-patient or out-patient medical, surgical, diagnostic care or treatment, nursing, custodial, or domiciliary care, or to which individuals are committed by law. (35) "Inter-jurisdictional exchange" means a process pursuant to which registration areas agree to exchange vital records, vital events, or vital statistics with the Registrars of other states, territories, and neighboring countries. (36) "Inter" or "Interment" means the final disposition of human remains by entombment or burial. (37) "Legal representative" means a licensed attorney representing a registrant or an applicant. (38) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, regardless of the duration of pregnancy, that, after expulsion or extraction, breathes, or shows any other evidence of life, including beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut or the placenta is attached. (39) "Mother" means either a woman who gives live birth to a child in the District or a woman who experiences a pregnancy that results in fetal death. (40) "Non-certificate item" means any item of information that does not appear on a certificate that is issued to an applicant. (41) "Order" or "order of the court" means a directive to the Register, signed by a judge of the court, to establish or amend a vital record or produce information contained in a vital record, including a subpoena submitted in accordance with  13-433. (42) "Personally identifiable information" means data or other information that, alone, or in combination with other data, can be used to distinguish or trace an individual's identity, including a Social Security number, biometric records, address, place of birth, or mother's maiden name. (43) "Physician" means an individual authorized to practice medicine or osteopathy in the District. (44) "Record" means a report of information related to a vital event that the Registrar has accepted for registration. (45) "Registrant" means an individual to whom a vital record relates. (46) "Registrar" means the individual appointed by the Director of the Department to administer the system of vital records for the District government. (47) "Registration" or "register" means the process the Registrar adopts for accepting reports of vital events and incorporating the information into the official records of the Vital Records Division. (48) "Report" means a document, paper or electronic file, record, or data transmission, containing information related to a vital event submitted by an individual or entity required to submit the information to the Registrar for the purpose of registering a vital event. (49) "Reportable vital event" means a live birth, death, fetal death, or induced termination of pregnancy. (50) "Resomation" means a process for the disposal of human remains that produces less carbon dioxide and pollutants than cremation. (51) "Sealed record" means the original record of a reportable vital event and the evidence submitted to support a change by the Registrar for the purpose of the administration of vital records, that shall not be subject to inspection except upon order of the court or as provided by rules issued pursuant to  7-231.29. (52) "Second parent" means a father or same-sex parent that has acknowledged parentage pursuant to  16-909.01(a), or whose parentage has otherwise been determined pursuant to  16-909.01(d). (53) "Security paper" means paper authorized by the Registrar for the issuance of a vital record to authenticate a document or deter manipulation or copying that contains special characteristics including dithered patterns, special inks, watermarks, metallized threads, phosphorescent fibers, holographic images, or microprinting. (54) "System of vital statistics" or "vital statistics system" means the collection, registration, preservation, amendment, certification, verification, and maintenance of the security and integrity of vital records, vital event data, the collection of other required reports, and related activities, electronic or otherwise, including tabulation, analysis, publication, and dissemination of vital statistics. (55) "Verification" means a confirmation of information on a vital record based on the facts included in a report. (56) "Vital event" means either a live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. (57) "Vital record" means a report of live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment, and data related thereto that have been accepted for registration and incorporated into the official records of the Vital Records Division. (58) "Vital Records Division" means the Division of the Department or any successor agency that is responsible for the vital statistics system. (59) "Vital statistics" means the data derived from the records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment and supporting documentation, and related reports.  (Oct. 30, 2018, D.C. Law 22-164,  101, 65 DCR 9324.) 
 7231.02. Vital statistics system; Vital Records Division. (a) The Mayor shall establish a vital statistics system for the reporting, maintenance, issuance, security, and confidentiality of vital records and the data derived from such records. (b) The Vital Records Division shall be the sole source of certified copies of all vital records.  (Oct. 30, 2018, D.C. Law 22-164,  102, 65 DCR 9324.) 
 7231.03. Appointment and duties of Registrar of Vital Records Division. (a) The Director of the Department shall appoint the Registrar. (b) The Registrar shall: (1) Administer and enforce the provisions of this chapter and any implementing rules issued pursuant to  7-231.29; (2) Provide instructions for the efficient administration of the vital statistics system; (3) Direct and supervise the vital statistics system and the Vital Records Division and serve as custodian of its records; (4) Administer and maintain the confidentiality and security of the vital statistics system; (5) Direct, supervise, and control the activities of each individual engaged in the activities of the Vital Records Division; (6) Develop and conduct training programs to promote uniformity of policy and procedures pertaining to the vital statistics system; (7) Develop and distribute all forms as will accomplish the purpose of complete, accurate, and timely reporting and registration; (8) Prepare and publish reports of vital statistics of the District; (9) Provide information derived from vital records and vital reports required under this chapter that are necessary for Department programs and health planning activities, which shall remain the property of the Vital Records Division, and under the Registrar's control; and (10)(A) Prepare a plan to provide for the continuity of operations of the system of vital statistics in the event of an emergency that: (i) To the extent practicable, anticipates natural and man-made events that interrupt normal activities of the vital statistics system, identifies essential vital statistics services, and provides guidance for maintaining services; and (ii) Includes: (I) Alternative locations for operations; (II) An identification of essential equipment, document needs, and where to obtain them; and (III) An identification of essential staff and a mechanism for communication with such individuals in an emergency. (B) The plan shall be confidential and shall not be subject to compelled disclosure; provided, that the Registrar may authorize disclosure of all or part of the plan as the Registrar deems necessary to implement the plan. (c) The Registrar may establish or eliminate offices to aid in the efficient administration of the system of vital statistics. (d) The Registrar may delegate functions and duties to employees of the Vital Records Division and to employees of any office established pursuant to subsection (c) of this section.  (Oct. 30, 2018, D.C. Law 22-164,  103, 65 DCR 9324; July 12, 2022, D.C. Law 24-147,  150(a), 69 DCR 003386.) 
 7231.04. Security of vital statistics system. To ensure the security of the vital statistics system, the Registrar shall: (1) Take measures to deter the fraudulent use of vital records; (2) Administer and maintain the security of personnel, physical environments, electronic systems, and preservation methods; (3) Perform data assurance and record matching activities to protect the confidentiality and security of vital records and prevent their fraudulent use; (4) Apply the responsibilities of this section to any authorized partner with access to the vital statistics system; (5) Authenticate each user of the vital statistics system or its components, and verify that the user requires access based on the user's official duties; (6) Authorize an authenticated user of the vital statistics system to access specific components of the vital statistics systems necessary for the user's official roles and duties; (7) Establish separation of duties between staff roles that may be susceptible to fraud or misuse and routinely perform audits of staff work to identify fraud or misuse within the vital statistics system; (8) Require each authenticated and authorized user to maintain a specified level of training related to security and provide a written acknowledgment of security policies, procedures, and penalties; (9) Validate data provided in reports submitted for registration through site visits or with independent sources outside the registration system at a frequency specified by the Registrar to maximize the integrity of collected data; (10) Require each authenticated user to protect personally identifiable information and adhere to protocols that provide for audits of use and protocols for breach identification and notification; (11) Receive reports of death if the decedent was born in the District, or from the U.S. Department of Defense or the U.S. Department of State if the decedent was a United States citizen, a resident of the District, and the death occurred outside the United States; (12) Provide secure workplace, storage, and technology environments with limited role-based access; and (13) Administer and maintain overt, covert, and forensic security measures for certifications, verifications, and automated systems that are part of the vital statistics system.  (Oct. 30, 2018, D.C. Law 22-164,  104, 65 DCR 9324.) 
 7231.05. Individuals required to keep records. (a) Each individual in charge of an institution, or his delegate, shall keep a record of personal data concerning each individual admitted or confined to the institution. This record shall: (1) Include the information required for a reportable vital event; and (2)(A) Be created at the time of admission from information obtained from the individual admitted or confined. (B) If the individual admitted or confined cannot provide the information, the institution shall obtain the information from relatives or another individual acquainted with the facts, and shall include the name, address, and relationship of the individual providing the information in the record. (b) A licensed health care provider shall keep a record of personal data concerning each individual under the provider's care for a condition that results in a reportable vital event when the documentation is not maintained by an institution pursuant to subsection (a) of this section. This record shall: (1) Include information required for the provider to submit a report of live birth, death, fetal death, or induced termination of pregnancy; and (2) Contain information provided by the individual being treated. If the individual being treated cannot provide the information, then the licensed health care provider shall obtain the information from a relative or another individual acquainted with the facts, and shall include the name, address, and relationship of the individual providing the information in the record. (c)(1) When a dead body or fetus is released by an institution, the individual in charge of the institution, or his delegate, shall keep a record identifying the name of the decedent, date of death, name and address of the individual to whom the body or fetus is released, and the date of removal from the institution. (2) When final disposition of a dead body or fetus is made by an institution, the individual in charge of the institution, or his delegate, shall record the date, place, and manner of final disposition. (d) A funeral director or other authorized individual who removes from the place of death, transports, or makes final disposition of a dead body or fetus, in addition to filing any required record or report, shall keep a record that identifies the body and the information pertaining to the receipt, removal, delivery, burial, or cremation of the body as required in accordance with rules issued pursuant to  7-231.29. (e) Records created pursuant to this section shall be retained for no less than 5 years and shall be made available for inspection by the Registrar upon request.  (Oct. 30, 2018, D.C. Law 22-164,  105, 65 DCR 9324.) 
 7231.06. Duties to furnish information. (a) An individual with knowledge of the facts related to a reportable vital event shall furnish any information that he or she may possess to the Registrar within 5 days of a request by the Registrar. (b) No later than the 10th day of each month, the individual in charge of each institution, or his delegate, shall send to the Vital Records Division a list showing each live birth, death, fetal death, or induced termination of pregnancy that occurred at that institution during the preceding month. The list shall be in a format prescribed by the Registrar in rules issued pursuant to  7-231.29. (c) No later than the 10th day of each month, each funeral director shall send to the Registrar a list showing each dead body received, embalmed, prepared for final disposition, or finally disposed of in the preceding month. The list shall be in a format prescribed by the Registrar in rules issued pursuant to  7-231.29 and shall also include a record of the date, place, and manner of final disposition of each dead body, if applicable. (d) Within 5 days of receipt of any autopsy results or other information that would provide pending or missing information or correct errors in a reported cause of death, the physician or medical examiner required to report the death shall send to the Registrar a delayed diagnosis report of the cause of death to amend the record.  (Oct. 30, 2018, D.C. Law 22-164,  106, 65 DCR 9324.) 
 7231.07. Content of vital records and vital reports. (a) To promote and maintain nationwide uniformity in systems of vital statistics, the forms for a vital record or a required vital report shall include, at a minimum, the items recommended by the federal agency responsible for national vital statistics. (b) Information required in a report may be filed and registered by photographic, electronic, or other means as prescribed by the Registrar in rules issued pursuant to  7-231.29.  (Oct. 30, 2018, D.C. Law 22-164,  107, 65 DCR 9324.) 
 7231.08. Live birth registration. (a) A report of each live birth that occurs in the District shall be filed with the Registrar within 5 days after the birth. (b)(1) An institution or physician shall submit live birth information electronically, and the Registrar shall register the live birth when the information is complete and electronically filed. (2) An individual may submit live birth information in writing on a form approved by the Registrar for a live birth that occurs outside an institution. The Registrar shall establish the required information for live birth filing through rules issued pursuant to  7-231.29. (c) Not less than 30 days before the expected delivery date, the physician, institution, or other individual providing prenatal care shall provide the prenatal care information required for the report to the institution where the delivery is expected to occur. (d)(1) When a live birth occurs in, or en route to, an institution, the individual in charge of the institution, or his designee, shall collect the personal data, prepare the electronic form, secure the required signature, and electronically file the information. (2)(A) The physician or other individual in attendance at or immediately following the live birth shall provide the medical information required in a live birth report and verify the facts of live birth within 72 hours after the live birth. (B) If the physician, or other individual in attendance at or immediately following the live birth, does not verify the facts of live birth in the 72-hour period, the individual in charge of the institution, or his designee, shall verify the facts of live birth and complete the form to report the live birth by an approved electronic process. (e)(1) In obtaining the information required for the report, an institution shall use information gathering procedures, including worksheets, provided or approved by the Registrar. (2) An institution may establish procedures to transfer information, electronically or otherwise, required for the report from other systems; provided, that the Registrar shall review and approve the procedures before implementation to ensure that the information transferred is the same required for the report. (f) When a live birth occurs in the District outside an institution, the report of live birth shall be prepared by and electronically filed in the following order of priority: (1) By the physician in attendance at the live birth, or who examines the mother and the child, within 5 days after the live birth; (2) By the medical facility at which the mother and child are examined, within 5 days after the live birth; (3) By any other licensed or certified health care practitioner in attendance at the live birth, or who examines the mother and the child, within 5 days after the live birth. (4) The mother; (5) The second parent or the spouse or the domestic partner of the mother if such individual is in attendance at the live birth; or (6) The individual in charge of the premises where the live birth occurred. (g) The Registrar shall determine the evidence that shall be required to establish the facts of live birth by rules issued pursuant to  7-231.29. (h) The Registrar shall not register a report for a live birth that took place outside of an institution if the report does not include the minimum acceptable required documentation as required by rules issued pursuant to  7-231.29, or the Registrar has cause to question the validity or adequacy of the documentary evidence, and the deficiencies are not corrected. The Registrar shall advise the registrant's mother, second parent, spouse, or domestic partner of the mother of the reason for this action, and shall advise the individual of his or her right to appeal the Registrar's decision in court. (i) When a live birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the District, the live birth shall be electronically registered in the District, and the place where the child is first removed shall be considered the place of live birth. (j) When a live birth occurs on a moving conveyance while in international waters or air space, or in a foreign country or its air space, and the child is first removed from the conveyance in the District, the live birth shall be electronically registered in the District; provided, that the record shall identify the actual place of live birth if it can be determined. (k) The information required by the report of live birth shall be that of the mother and the information shall be reported to and registered by the Vital Records Division. (l) For the purposes of live birth registration: (1) The record shall include the name of the mother of the child; (2) No more than 2 parents may be named on a live birth record including the mother; (3) If the mother was married at the time of either conception or live birth, or between conception and live birth, or a child is born within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by the court, only the name of the spouse during those times may be entered on the record as the second parent of the child, unless parentage by a different individual has been determined otherwise pursuant to  16-909.01; (4) If the mother was in a domestic partnership at the time of either conception or live birth, or between conception and live birth, or a child is born within 300 days after the termination of the domestic partnership pursuant to  32-702(a), only the name of the domestic partner shall be entered on the record as the second parent of the child, unless parentage has been determined otherwise pursuant to  16-909.01; (5) If the mother was not married or in a domestic partnership at the time of either conception or live birth, or between conception and live birth, the name of a second parent shall only be entered on the record if: (A) The mother and the father have signed a voluntary acknowledgment of paternity pursuant to  16-909.01(a)(1) or pursuant to the laws and procedures of another state in which the voluntary acknowledgment was signed; (B) The mother and the second parent have signed a consent to parent a child born by artificial insemination pursuant to  16-909.01(e); or (C) Parentage of the second parent has otherwise been established pursuant to  16-909.01; (6) The consent to parent a child born by artificial insemination pursuant to  16-909.01(e) shall be on a form prescribed and furnished by the Registrar that: (A) Acknowledges the mother and intended parent's consent to the artificial insemination and the intended parent's intent to be a parent of the child; (B) Is signed and sworn by oath under penalty of perjury; (C) Includes written notice of the legal consequences, rights, and responsibilities as a parent that arise from signing the consent; and (D) Contains the full names, Social Security numbers of the mother and intended parent, the birthplace of the child, if applicable, and a statement indicating that both parents understand the rights, responsibilities, and consequences of signing the affidavit; (7) If a male or female parent, other than the mother, is not named on the record of live birth, no other information about the male or female parent may be entered on the record; (8) The surname of the child shall be the surname of the mother or the second parent, or the surnames of both parents recorded in any order in a hyphenated or unhyphenated form, or any surname to which either parent has a familial connection; and (9) If the chosen surname is not that of a parent, or the surnames of both parents recorded in any order, whether hyphenated or unhyphenated, both parents shall provide an affidavit signed under penalty of perjury stating that the chosen surname was or is the surname of a past or current relative or has another clearly stated familial connection. (m)(1) The mother of the child, the second parent of the child, or other informant shall verify the accuracy of the personal data to be entered on the report for submission within 5 days after the date of live birth. (2) A report of live birth submitted after 5 days, but within one year from the date of live birth shall be registered in the standard format of live birth reports in the manner prescribed in this section. The report shall not be marked or flagged as "delayed".  (Oct. 30, 2018, D.C. Law 22-164,  108, 65 DCR 9324.) 
 7231.09. Social Security numbers. (a) An individual required to prepare and file a report of live birth shall include in the report the Social Security number or numbers of each parent, if the parent has more than one Social Security number. The Social Security numbers shall not appear on the record of live birth. (b) The parent's Social Security number shall be collected during the birth registration process by the Registrar and made available to the IV-D agency for the establishment, modification, and enforcement of a support order. The Registrar shall not disclose a Social Security number collected during the birth registration process for any other purpose.  (Oct. 30, 2018, D.C. Law 22-164,  109, 65 DCR 9324.) 
 7231.10. Infants of unknown parentage. (a) An individual who assumes legal custody of a live born infant of unknown parentage shall file with the Registrar a report of live birth that establishes the facts of live birth. The report shall be submitted to the Registrar within 5 days after the individual obtains custody and shall include the following information: (1) The date and place the child was found; (2) The sex and approximate birth date of the child; (3) The name and address of the individual or institution with whom the child has been placed for care; (4) The name and address of the individual or institution submitting the report; (5) The name given to the child by the custodian of the child; and (6) Any other data required by the Registrar. (b) The place where the child was found shall be entered as the place of live birth. (c) Information submitted pursuant to subsection (a) of this section shall constitute the report of live birth for the child. (d) If the child is identified and a live birth registration is found or obtained, the report submitted pursuant to subsection (a) of this section and any live birth registration resulting from that report shall be voided and placed in a sealed file and shall not be subject to inspection except upon order of the court or as provided by rules issued pursuant to  7-231.29.  (Oct. 30, 2018, D.C. Law 22-164,  110, 65 DCR 9324.) 
 7231.11. Delayed registration of live birth. (a) An individual may submit a delayed report of live birth of an individual born in the District one year or more after the live birth in a manner to be prescribed by rules issued pursuant to  7-231.29. A delayed report of live birth shall not be registered until evidence to substantiate the facts of live birth in the District has been supplied to the Registrar. (b) A live birth registered one year or more after the date of live birth shall be marked "delayed" and display the date of the delayed registration on the face of the certificate. (c) The Registrar shall prepare a written summary of the evidence submitted in support of the delayed registration, which shall be included in the record. The applicant shall sign the report under oath and this signature shall be notarized. (d)(1) If an applicant does not submit the minimum documentation required to file a delayed report, or the Registrar has reasonable cause to question the validity or adequacy of the applicant's sworn notarized statement or the documentary evidence, and the deficiencies are not corrected, the Registrar shall not register the live birth. (2) The Registrar shall state in writing to the applicant the reason for not registering the live birth and shall advise the applicant in writing of the right to bring an action in court to establish the date, place of live birth, and parentage of the person whose live birth is to be registered. (e) The Registrar may reject a delayed report of live birth that is incomplete or insufficient pursuant to subsection (d) of this section if the applicant does not correct the deficiencies within 30 days of the initial filing of the report. (f) No delayed report of live birth shall be registered for a deceased individual.  (Oct. 30, 2018, D.C. Law 22-164,  111, 65 DCR 9324.) 
 7231.12. Death registration. (a) The funeral director who first assumes custody of a dead body shall electronically submit a report of death to the Registrar within 5 days after date of death and before the final disposition of the body. The report of death shall be registered if it has been electronically completed and filed in accordance with this chapter. The Registrar may require a written filing or signed attestation. If the report of death cannot be submitted to the Registrar within 5 days after the date of death, the funeral director shall give the Registrar notice of the reason for the delay. The Registrar shall issue rules pursuant to  7-231.29 to implement this provision. (b) The funeral director shall obtain the medical certification from the death certifier, and the personal data needed for the report, including the decedent's gender identity or expression, from any individual with the right to control the disposition of the remains of the decedent, the location and conditions of interment, and arrangements for funeral goods and services pursuant to  3-413. (c) The funeral director shall not be liable for any damages or costs arising from claims related to the report of the decedent's gender identity or expression on the report of death unless the claims were the result of an error made by the funeral director. (d) The Registrar shall establish a procedure pursuant to which an individual may pre-designate a gender identity or expression as an individual wishes it to be reported on his or her report of death. The pre-designation shall be filed with the Registrar. The Registrar shall check the gender designation of each report of death and amend the report if there is a pre-designated gender identity or expression that differs from the reported gender designation. (e) If a decedent did not pre-designate a gender identity or expression with the Registrar pursuant to subsection (d) of this section, any individual may challenge the gender identity or expression reported to the funeral director within 10 days after the report of death has been registered, by filing a petition in court seeking an order to determine the gender identity or expression to be recorded for the decedent. (f) Within 48 hours after death, the physician in charge of a patient's care for the condition which resulted in death shall complete, sign, and return the medical certification portion of the certificate of death to the funeral director, except when inquiry is required by the Office of the Chief Medical Examiner. In the absence or inability of the death certifier, or with his or her approval, the medical certification may be completed by the death certifier's associate physician, the chief medical officer of the institution in which the death occurred, or the physician who performed an autopsy upon the decedent, if the death is due to natural causes. The person completing the medical certification shall attest to its accuracy through an electronic process approved by the Registrar. (g) When death occurs in an institution and the death is not under the jurisdiction of the Office of the Chief Medical Examiner, the individual in charge of the institution, or his designee, shall provide the funeral director with a partially completed report of death, including the completed medical certification, within 48 hours of the death. (h) When death occurs in an institution or outside of an institution, the death certifier, the individual in charge of the institution, or his designee, shall ensure that the following information is included on the partially completed report of death: (1) The name of the decedent; (2) The sex of the decedent; (3) The time and date of death; (4) The medical certification of death; and (5) The electronic signature of the death certifier. (i) If a death is natural, the death certifier shall use his or her best medical judgment to certify a reasonable cause of death. With the authorization of the decedent's next of kin, an autopsy may be performed by any hospital or private pathologist to identify and document the disease processes associated with a natural death. (j) A manner of death that is believed to be other than by natural causes is subject to investigation and shall be reported to the Office of the Chief Medical Examiner ("Medical Examiner") pursuant to  5-1406(b). Upon notification of death, the Medical Examiner may take charge of the body and conduct an investigation or decline jurisdiction. (k)(1) If an investigation is conducted by the Medical Examiner, the Medical Examiner shall determine the cause and manner of death, electronically sign, and return the medical certification portion of the death report to the funeral director within 48 hours after taking jurisdiction over the case. (2) If the Medical Examiner cannot determine the cause and manner of death, electronically sign, and return the medical certification portion of the death report to the funeral director within 48 hours after taking jurisdiction over the case, the Medical Examiner shall report the cause and manner of death as "pending." Upon the conclusion of the investigation, the Medical Examiner may submit a Delayed Diagnosis Report to amend the cause and manner of death. (l) If the cause of death cannot be determined within 48 hours after death, the physician completing the medical certification, or the Medical Examiner shall provide the funeral director and the Registrar notice of the reason for the delay. Final disposition of the body shall not be made until authorized by the physician completing the medical certification or the Medical Examiner. (m) When a death is presumed to have occurred in the District pursuant to  14-701, the Registrar shall register the death upon receipt of an order of the court. The court order shall include such findings of fact as necessary for completion of the death record. The death record shall be marked "presumptive," display on its face the date of registration, identify the court, and include the date of the decree. (n) If the place of death is unknown but the dead body is found in the District, the report of death shall be completed and filed in the District. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation. (o) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in the District, the death shall be registered in the District and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space, or in a foreign country or its air space and the body is first removed from the conveyance in the District, the death shall be registered in the District, but the report shall show the actual place of death if it can be determined. (p) In all other cases, the place where death is pronounced shall be considered the place where death occurred. If the date of death is unknown, the death certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date found shall be entered and identified as the date of death. (q) Each report of death shall contain sections concerning the pronouncement of death, disposition of the body, medical certification of the cause of death, and the Social Security number of the deceased. The section of the report of death that contains the pronouncement of death shall include all facts required to be reported in such section, except for those facts relating to the medical cause or causes of death. (r) In the case of an expected death at a decedent's place of residence, attended by a treating physician or a registered nurse working in general collaboration with the treating physician, the attending registered nurse may sign the pronouncement of death section of the report of death. (s) When death occurs in an institution and the attending physician is not available to pronounce death, another physician at the institution or the attending registered nurse who views the body may pronounce death, attest to the pronouncement by an approved electronic process, and, with the permission of the individual responsible for the medical certification, release the body to the funeral director. (t) Within 5 days of receipt of autopsy results or other information that would change the information in the cause of death section of the report of death from that originally reported, the death certifier shall submit a supplemental report to the Registrar to amend the report of death. (u) An institution may establish procedures to transfer, electronically or otherwise, information required for the report of death from other systems. The institution shall not implement such a procedure without review and approval by the Registrar.  (Oct. 30, 2018, D.C. Law 22-164,  112, 65 DCR 9324.) 
 7231.13. Delayed registration of death. (a) When a death that occurs in the District has not been registered one year or more after the date of death, a delayed report of death may be filed by the funeral director who first took possession of the dead body in accordance with rules issued pursuant to  7-231.29 by the Registrar. To substantiate the alleged facts of death, any delayed report of death shall be registered subject to evidentiary requirements the Registrar shall prescribe in accordance with rules issued pursuant to  7-231.29. (b) A report of death registered one year or more after the date of death shall be marked "delayed" and shall display on its face the date of the delayed registration.  (Oct. 30, 2018, D.C. Law 22-164,  113, 65 DCR 9324.) 
 7231.14. Fetal death registration. (a)(1) An institution shall report electronically each death of a fetus that occurs in the District within 5 days after delivery; provided, that the fetus either: (A) Has completed 20 weeks gestation or more, as calculated from the date that the last normal menstrual period began to the date of delivery; or (B) Has a weight of 350 grams or more. (2) The Registrar shall register a report of fetal death when the information is complete. An induced termination of pregnancy shall not be reported as a fetal death. For the purposes of preparing and filing a fetal death report, the following rules shall apply: (A) When a fetus is delivered in an institution or en route thereto, the individual in charge of the institution, or his delegate, shall obtain all data required by the Registrar to prepare and submit the report; (B) In obtaining the information required by the fetal death report, an institution shall use information gathering procedures and worksheets provided or approved by the Registrar; (C) An institution may establish procedures to transfer, electronically or otherwise, information required by the fetal death report from other systems. The institution shall not implement such a procedure without review and approval by the Registrar; (D) When a fetus is delivered outside an institution, the physician in attendance at or immediately following delivery shall prepare, electronically sign, and file the report; (E) When a fetal death required to be reported by this section occurs without medical attendance immediately after the delivery, the Office of the Chief Medical Examiner shall prepare and file the fetal death report; and (F) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in the District, or when a fetus is found in the District and the place of fetal death is unknown, the fetal death shall be reported in the District. The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death. (b) The name of the mother and second parent shall be entered on each fetal death report in accordance with rules issued by the Registrar pursuant to  7-231.29. The second parent shall be the father or same-sex parent that has acknowledged parentage or whose parentage has otherwise been determined pursuant to  16-909.01. If the cause of fetal death is unknown or pending investigation, this shall be noted on the report.  (Oct. 30, 2018, D.C. Law 22-164,  114, 65 DCR 9324.) 
 7231.15. Reports of induced termination of pregnancy. (a) Each induced termination of pregnancy that occurs in the District, regardless of the length of gestation, shall be electronically reported to the Registrar within 5 days by the individual in charge of the institution in which the induced termination of pregnancy was performed. This individual shall electronically sign the report. (b) Reports of induced termination of pregnancy are statistical reports that shall be used only for public health purposes. The Registrar may establish and retain for such time as the Registrar deems necessary a data file containing such reports to preserve their availability for future research.  (Oct. 30, 2018, D.C. Law 22-164,  115, 65 DCR 9324.) 
 7231.15a. Certificate of stillbirth. (a)(1) Within 180 days of March 16, 2021, the Department shall establish a certificate of stillbirth. (2) The certificate shall include such appropriate information as determined by the Department and be on a form established by the Department that is similar, as applicable, to a certificate issued for a record of live birth pursuant to  7-231.08; provided, that the inclusion of a name given to a stillborn fetus by a parent shall be included only at the election of the parent. (b)(1) A parent named on a fetal death report registered with the Department pursuant to  7-231.14 may request a certificate of stillbirth for the fetus that is the subject of the report. A certificate of stillbirth may be requested and issued regardless of the date on which the fetal death was reported or registered. Commemorative stillbirth certificates will not be available for events that do not meet the statutory definition for fetal death. (2) Following the receipt of the report and registration as a fetal death, and upon the request of a parent named on the report, the Registrar shall issue a certificate of stillbirth within 30 days. (3) A person required to report a fetal death pursuant to  7-231.14 shall inform the parents in writing of the availability of a certificate of stillbirth. (c)(1) A certificate of stillbirth issued pursuant to this section shall be a commemorative certificate and in addition to, and not in lieu of, the report or registration of the fetal death required pursuant to  7-231.14, as the certificate of stillbirth is meant to serve as an heirloom for the family, while a fetal death certificate is required for official business purposes, including, but not limited to, disposition of remains. (2) A certificate of stillbirth shall not constitute proof of a live birth and shall not be used to calculate live birth statistics. (d) This section shall not be used to establish, bring, or support a civil cause of action seeking damages against a person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. (e) Notwithstanding any other provision of law, the parents who are issued a certificate of stillbirth may elect to have the disclosure of, and access to, the information included on the certificate of stillbirth limited to themselves, their lawful representatives, authorized personnel of the department, and the Registrar. (f) For the purpose of this section, the term: (1) "Fetal death" means when, after the expulsion or extraction, a fetus does not breathe or show any other evidence of life, including beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. The term "fetal death" does not include an induced termination of pregnancy. (2) "Stillbirth" means the delivery of a fetus where there was death before the complete expulsion or extraction from its mother of a product of human conception, regardless of the duration of pregnancy.  (Oct. 30, 2018, D.C. Law 22-164,  115a; as added Mar. 16, 2021, D.C. Law 23-214,  2(a), 67 DCR 14396.) 
 7231.16. Judicial proceedings to register a vital record. (a) Entitled individuals may submit an application to register an out-of-institution birth, delayed birth, or delayed death. If an application to register a record is denied, the applicant may file a complaint with the court for an order to register the record. The court shall provide notice of the proceeding to the Registrar. A petition filed under this section shall be governed by the Rules of the court. (b) A petition for the registration of a live birth or the delayed registration of a live birth shall allege: (1) That the individual for whom a registration of live birth is sought was born in the District; (2) That no record of live birth of the individual can be found in the vital statistics system or the archives of the Vital Records Division; (3) That the petitioner has made diligent efforts to obtain documentary evidence as required by statute and regulations and as detailed by the Registrar; (4) That the Registrar has refused to register a report of live birth; and (5) Any other information needed to establish the facts of live birth. (c) A petition for the registration of a death or the delayed registration of a death shall allege: (1) That the individual for whom a registration of death is sought died in the District; (2) That no record of death of the individual can be found in the vital statistics system or the archives of the Vital Records Division; (3) That the petitioner has made diligent efforts to obtain documentary evidence as required by statute and regulations and as detailed by the Registrar; (4) That the Registrar has refused to register the report of death; and (5) Any other information needed to establish a death. (d) The petition for the registration of a live birth or a death shall be accompanied by a statement of the Registrar denying the application as well as all documentary evidence the petitioner used to support the application submitted to the Registrar. (e) Before issuing findings, the court shall order the petitioner to undergo a criminal background check to be provided to the court at the petitioner's expense. The criminal background check shall be for the purpose of revealing any aliases, the petitioner's citizenship status, and criminal records related to identity theft or document fraud by the petitioner. (f) If the court finds that a person was born in the District, the court shall issue an order to register the live birth. The court's order shall make findings as to the place and date of live birth, parentage, and other findings to substantiate the facts of live birth in the District. The order shall include the live birth data to be registered, a description of the evidence presented, the court's findings of fact, and the date of the court's action. (g) If the court finds that an individual died in the District, the court shall issue an order to register the death. The court's order shall make findings as to the decedent's legal name, date of death, place of death, place of live birth, race, ethnicity, sex, Social Security number, marital status at time of death, address at time of death, parents' names prior to first marriage, name prior to marriage, and the information necessary to complete the medical certification, including cause and manner of death. If the death occurred from an injury, the order shall include information on how and when the injury occurred. The order shall also indicate whether any of the required information is unknown. (h) The court shall forward a certified copy of the order to register the live birth or death to the Registrar no later than the 10th day following the month in which the order was entered. The certified copy of the order shall direct the Registrar to execute the registration.  (Oct. 30, 2018, D.C. Law 22-164,  116, 65 DCR 9324.) 
 7231.17. Final disposition of dead body or fetus. (a) The funeral director who first assumes custody of a dead body shall obtain the following before disposing of the body: (1) An authorization for final disposition of the body from the individual with rights to control the final disposition pursuant to  3-413; (2) A permit from the Registrar authorizing final disposition; (3) A filed death certificate on security paper; and (4) If final disposition is to be by cremation, resomation, or burial at sea, additional authorization from the Office of the Chief Medical Examiner in a format to be prescribed by the Registrar. (b) Before final disposition of a dead fetus, regardless of the duration of pregnancy, the funeral director, the individual in charge of the institution, or other individual responsible for final disposition of the fetus, shall obtain authorization from the individual with rights to control the final disposition pursuant to  3-413. (c) A dead body may be removed from the place of death for the purpose of preparation for final disposition under the following conditions: (1) Upon the consent of the Office of the Chief Medical Examiner; (2) In the case of an expected death at a decedent's place of residence, at the time of death upon the consent of a treating physician or a registered nurse working in general collaboration with the treating physician who signs the pronouncement of death section of the report of death; or (3) In the case of an unexpected death at a decedent's place of residence, at the time of death upon the consent of the individual signing the pronouncement of death section on the report of death. (d) An authorization for final disposition of a dead body or fetus brought into the District, issued by another state and accompanying the dead body or fetus, shall constitute sufficient authority for final disposition in the District. (e) An individual in charge of a place for interment or other disposition of dead bodies shall neither inter nor allow interment or other disposition of a dead body or fetus unless it is accompanied by an authorization for final disposition. (f) Each individual in charge of a place of final disposition shall include the date and place of disposition in the permit for final disposition and shall sign and return the permit to the funeral director in a manner prescribed by the Registrar within 10 days after the date of disposition. When there is no individual in charge of the place of final disposition, the funeral director shall complete the authorization. (g) Authorization for disinterment and re-interment shall be required before human remains are disinterred. The authorization shall be issued by the Registrar to a licensed funeral director and shall include a sworn statement under penalty of perjury stating the grounds for disinterment in a format prescribed by the Registrar. If disinterment is deemed to be a public health threat, the Director of the Department shall be notified prior to the authorization. (h) A funeral director or his or her designee shall obtain a letter of non-contagious disease certified by the Registrar when transporting a body outside of the United States.  (Oct. 30, 2018, D.C. Law 22-164,  117, 65 DCR 9324.) 
 7231.18. Marriage, divorce, and annulment reporting. The court shall complete and forward to the Registrar on or before the 20th day of each month in an electronic format prescribed by the Registrar a report of completed applications and licenses for marriage returned to the court during the preceding month, and a record of each divorce or annulment decree granted during the preceding month.  (Oct. 30, 2018, D.C. Law 22-164,  118, 65 DCR 9324.) 
 7231.19. Adoption forms. (a) The court shall prepare an adoption form for each adoption decreed by the court. The form shall: (1) State facts necessary to locate and identify the original record of live birth of the adoptee; (2) Provide the information necessary to establish a new record of live birth for the adoptee; (3) Identify the adoption order; and (4) Be issued under seal by the court. (b) The petitioner for adoption or his or her attorney shall supply the information necessary to prepare the adoption form. The social service agency or any individual with knowledge of the facts shall supply the court with any additional information necessary to complete the adoption form. The court shall require such individuals to provide the information prior to issuing a final decree in the matter. (c) The court shall prepare an adoption form whenever an adoption decree is amended or annulled which shall include the facts necessary to identify the original adoption form and the facts amended in the adoption decree necessary to properly amend the record of live birth. (d) No later than the final day of each calendar month, the court shall forward to the Registrar adoption forms concerning decrees of adoption, annulments, and amendments of decrees of adoption that were entered in the preceding month, together with any related reports the Registrar may require. (e)(1) The Registrar shall forward to the Registrar in the state of the adoptee's birth an adoption form and a certified copy of any court decree that annuls or amends a decree of adoption for an individual born outside the District. (2) When the court annuls or amends a decree of adoption relating to an individual born in a foreign country, the Registrar shall return the adoption form and decree to the attorney or social service agency handling the adoption for submission to the appropriate federal agency. (f)(1) If an adoptee was born in a foreign country and was not a citizen of the United States at the time of birth, the Registrar shall prepare a "Record of Foreign Live Birth". The Registrar shall also send a copy of the adoption form, report of annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority. (2) If the adoptee was born in a foreign country and through parentage is a citizen of the United States, the Registrar shall not prepare a "Record of Foreign Live Birth" but shall notify the adoptive parents of the procedures for obtaining a revised live birth record for their child through the U.S. Department of State.  (Oct. 30, 2018, D.C. Law 22-164,  119, 65 DCR 9324.) 
 7231.20. Amendments and corrections. (a) The Registrar shall issue rules pursuant to  7-231.29 governing the amendment of vital records that protect the integrity and accuracy of the vital records. (b) A record or report registered under this chapter may be amended only in accordance with this chapter and implementing rules. (c)(1) Except as provided in this section, a record or report amended under this section shall be marked "amended". The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The Registrar shall issue rules in accordance with subsection (a) of this section that prescribe the conditions under which additions or minor corrections may be made to records or reports, without the record or report being marked "amended". (2) The Registrar shall not amend a vital record if an applicant does not submit the minimum documentation required pursuant to subsection (a) of this section for amending a vital record or when the Registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement given under the penalty of perjury or the documentary evidence, and the deficiencies are not corrected. The Registrar shall state in writing the reason for this action and shall further advise the applicant of the right of appeal to the court. (d) Upon receipt of a certified copy of an order of the court changing the name of an individual born in the District, and upon the request of the individual, his or her legal representative, or in the case of a minor, his or her parents or legal guardian, the Registrar shall amend the record of live birth to show the new name. The record shall be marked "amended". (e)(1) Pursuant to  7-231.12(e) upon receipt of a certified copy of an order of the court changing the gender identity or expression of an individual who died in the District, the Registrar shall amend the death record to reflect the decedent's gender identity or expression designation. The record shall not be marked "amended". (2) In determining the gender identity or expression to be recorded on a decedent's certificate of death, the court may consider testimony, documentation that memorializes the decedent's gender transition, or any other evidence of the decedent's gender identity or expression. (3) The court shall resolve a petition to amend the designation of gender entered on a decedent's death record within 10 days. The petition shall include: (A) A statement, signed under oath by a licensed healthcare provider who has treated or evaluated the individual, stating that: (i) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or (ii) The individual has an intersex condition, and that in the healthcare provider's professional opinion, the individual's gender designation should be changed; or (B) Documentation that otherwise memorializes the decedent's gender transition, including: (i) Written instructions from the decedent; (ii) A court order approving a name or gender change; or (iii) Documentation of a change to the gender marker on a live birth certificate, driver's license or state identification card, Social Security record, or passport. (4) The original record of death, including the gender as reported by the death certifier, along with any documents submitted pursuant to this subsection, shall be sealed and made available only by an order of the court. (5) Death records amended for the purpose of memorializing gender designation shall not be marked "amended". (6) Death records amended for the purpose of memorializing gender designation shall be substituted for the original death record, and prior issuances shall be voided. (f) The Registrar shall issue rules pursuant to  7-231.29 establishing requirements to amend a vital record to correct an institutional error on a certificate item. When certificate items are corrected according to this subsection: (1) Except as provided by rules issued pursuant to  7-231.29, certificates of vital record shall be marked as "amended"; (2) Except as provided by rules issued pursuant to  7-231.29, the original record shall be sealed and made available only upon order of the court; and (3) The institution that reported the data in error shall be responsible for any associated fees and penalties.  (Oct. 30, 2018, D.C. Law 22-164,  120, 65 DCR 9324.) 
 7231.21. New records of live birth for adoption and determination of parentage. (a) The Registrar shall establish a new record of live birth upon receipt of one the following documents: (1) An adoption form prepared in accordance with  7-231.19; (2) An adoption form prepared and filed according to the laws of a state or foreign country; (3) A certified copy of an order issued by the court determining the parentage of such an individual; or (4) A voluntary acknowledgment of parentage by an individual in accordance with  16-2345. (b) The Registrar shall establish a new record of live birth for an adoptee born outside of the United States upon receipt of a request of the adoptive parent or the adoptee, if the adoptee is 18 years of age or older, and either: (1) An adoption form prepared in accordance with  7-231.19; or (2) A copy of the foreign adoption decree that includes a certified translation of the decree. (c) If birth information is not already included in the foreign adoption decree, the Registrar may rely on the following evidence to determine the child's birth date and birthplace: (1) An original live birth certificate; (2) Evidence of IR-3 immigrant visa status, or successor immigrant visa status for the child, issued by the U.S. Citizenship and Immigration Services; (3) A post-adoption live birth certificate issued by the foreign jurisdiction, including a certified copy, extract, or translation; or (4) An equivalent document, such as a record of the U.S. Citizenship and Immigration Services or the U.S. Department of State. (d) The Registrar shall return all adoption documents issued by the foreign jurisdiction to the adoptive parent or adoptee, whichever is applicable. (e) The Registrar shall not establish a new record of live birth if so requested by the adoptive parents pursuant to  16-314(a). (f) If the individual's name has been changed subsequent to adoption or determination of parentage, the order shall include the name that currently appears on the live birth record and the new name to be designated on the replacement record of live birth. The new name of the individual shall be shown on the replacement live birth record. (g) The actual place and date of live birth shall be displayed on the new record of live birth. The new record shall be substituted for the original record of live birth in the files of the Vital Records Division. The new record shall not designate that parentage has been established by judicial process or by acknowledgement. (h) A replacement record of live birth shall be substituted for the original record of live birth. The original record of live birth and the evidence of adoption, parentage determination, or parentage acknowledgement submitted shall be placed under seal and not be subject to inspection, except by the Registrar for the purpose of properly administering the system of vital statistics, upon an order of the court, or in accordance with rules issued pursuant to  7-231.29. (i) If no record of live birth is on file for the individual for whom a new live birth record is to be established pursuant to this section, and the date and place of live birth have not been determined in the adoption or parentage proceedings, the Registrar shall file a delayed report of live birth before issuing a new record of live birth. The new live birth record shall be prepared in accordance with  7-231.11. (j) Upon receipt of a report of an amended decree of adoption, the Registrar shall amend the record of live birth. (k) Upon receipt of a report or decree of annulment of adoption, the Registrar shall restore the original record of live birth. The annulled record of live birth and its associated evidence shall not be subject to inspection, except upon order of the court or as authorized by rules issued pursuant to  7-231.29. (l) The Registrar shall not create a replacement record if the date and place of live birth have not been determined in the adoption or paternity proceedings or if a delayed registration of live birth has not been completed in accordance with  7-231.11. (m) When a replacement record of live birth is issued by the Registrar, any agency that possesses a certificate of live birth from the original record shall return the certificate to the Registrar upon request.  (Oct. 30, 2018, D.C. Law 22-164,  121, 65 DCR 9324.) 
 7231.22. New records of live birth for change of gender designation. (a) The Registrar shall establish a new record of live birth that reflects the new gender designation and, if applicable, the new name of an individual born in the District upon receipt of the following documents: (1) A written request, signed under oath or affirmation, for a new record of live birth with a gender designation that differs from the gender designated on the original record of live birth, from the individual or, if the individual is a minor, the individual's: (A) Parent; (B) Guardian; or (C) Legal representative; (2) A statement, signed under oath or affirmation, by a licensed healthcare provider who has treated or evaluated the individual, stating that: (A) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or (B) The individual has an intersex condition, and that in the healthcare provider's professional opinion, the individual's gender designation should be changed; and (3) If a change of name listed on the certificate is also being requested, an original or certified copy of the order of the court granting the change of name. (b) The Registrar shall also establish, upon request, a new record of live birth reflecting the new gender designation, new name, or name as previously amended, in the following circumstances: (1) When an individual holds an amended certificate of live birth issued before November 5, 2013, that reflects a previous name change and seeks a change of gender designation; (2) When an individual requesting a change of name holds a certificate of live birth that reflects a change in gender; or (3) When an individual holds an amended certificate of live birth issued before November 5, 2013, that reflects a previous change in gender designation. (c) A new record of live birth shall: (1) Be substituted for the original record of live birth; and (2) Not be marked "amended" or on its face indicate that: (A) A change in gender has been made; or (B) A change in name has been made. (d) The original record of live birth, along with any documents submitted pursuant to this section, shall be sealed and made available only upon the demand of the individual to whom the new certificate of live birth was issued or by an order of the court.  (Oct. 30, 2018, D.C. Law 22-164,  122, 65 DCR 9324.) 
 7231.23. Preservation of vital records. (a) The Registrar shall develop and implement a preservation management program to preserve vital record documents and information that meets generally accepted standards for permanent preservation. (b) The Registrar may prepare typewritten, photographic, electronic, or other reproductions of certificates or reports to preserve these vital records. The reproductions shall be accepted as the original record when certified by the Registrar. (c) The Registrar shall provide for the continued availability and integrity of vital event information through methods including the maintenance of redundant copies of information in multiple locations and formats such as microfilm/microfiche, imaging, and electronic databases. (d) The preservation management program shall provide for the continued availability of historic vital record documents and information for research and related purposes.  (Oct. 30, 2018, D.C. Law 22-164,  123, 65 DCR 9324.) 
 7231.24. Confidentiality and disclosure of information from vital records or vital reports. (a) Vital records, vital reports, indices, related documents, and data or information contained therein shall be confidential and shall not be subject to disclosure under subchapter II of Chapter 5 of Title 2. (b) Except as authorized by this chapter, rules issued pursuant to and consistent with this chapter, or by an order of the court, it shall be unlawful for any individual to permit inspection of, or to disclose data or information contained in a vital record, a vital report, or related documents, or to copy or issue a copy of all or part of any such record or report. Rules implementing this section shall provide for adequate standards of security and confidentiality of the vital statistics system. (c) Unless otherwise provided by this chapter, personally identifiable information that may identify any individual named in any vital record or report may be disclosed for health research purposes only after: (1) Submission of a written request for information by a researcher; (2) Approval of the Registrar through the execution of a written research agreement that describes the research project; (3) Documented applicable Institutional Review Board approval pursuant to section 491(a) of the Health Research Extension Act of 1985, approved November 20, 1985 (99 Stat. 820; 42 U.S.C.  289(a)); (4) Provision of documented procedures to protect the confidentiality and security of the information; and (5) Provision of documented procedures for data storage and the data destruction method to be used for the information provided. (d) Except as authorized by the Registrar, any agreement pursuant to which personally identifiable information contained in a vital record or report is disclosed shall: (1) Prohibit the re-release by the researcher of any personally identifiable information without explicit permission from the Registrar; (2) Require that the information shall be used solely for research or administrative purposes; (3) Require that the information shall be used only for the project described in the application; (4) Prohibit the use of the information as a basis for legal, administrative, or any other action that directly affects any individual or institution identifiable from the data; (5) Set forth the payment, if any, to be provided by the researcher to the Registrar for the specified research project; and (6) Require that ownership of vital records data provided under the agreement shall remain with the Registrar, not the researcher or the research project. (e) The Registrar may disclose de-identified statistical data from vital records that do not identify or enable the identification of any individual to federal, District, state, or other public or private agencies that request the data for statistical or administrative purposes in accordance with standards established by rules issued pursuant to  7-231.29. (f)(1) The Registrar may authorize the release of vital event verification copies of records or data from the system of vital statistics to a government entity, including federal, state, local and tribal agencies, upon written request, provided that the copies or data shall be used solely in the conduct of the government agency's official duties. (2) The Registrar, in deciding whether to approve a government agency request submitted pursuant to paragraph (1) of this subsection, shall consider the agency's or other entity's proposed use, frequency of need, security after receipt, and other relevant criteria. The Registrar shall base authorization for the request on: (A) Written data sharing agreements that clearly specify the intended uses and protect the confidentiality and security of the information provided, and are executed before the Registrar prior to the release of personally identifiable information for government agency official use. Such agreements shall: (i) Prohibit the re-release by the government agency of any personally identifiable information other than re-release that may be provided for in the agreement; (ii) Set forth the payment, if any, to be provided by the government agency to the Registrar for the specified purpose; and (iii) Specify that ownership of vital records data provided under such agreements shall remain solely with the Registrar, not the government agency authorized by the agreement to use the data; (B) Receipt of an application from an applicant entitled to receive the certified copy of a vital record and authorization by the applicant l to release the information to the agency or other entity; (C) An order of the court requiring the release of the information to the agency or other entity; or (D) A demonstration of administrative need by the agency or other entity. (g)(1) The Registrar may furnish to the National Center for Health Statistics ("NCHS") or its successor agency, copies of data, records, or reports from the system of vital statistics as it may require for national statistics; provided, that the NCHS or its successor agency share in the cost of collecting, processing, and transmitting the data; provided further, that the data shall not be used for other than statistical purposes by the NCHS or its successor agency unless so authorized by the Registrar in writing. (2) To obtain data, records, or reports from the Registrar, the NCHS or its successor agency shall enter into an agreement with the Registrar indicating the statistical purposes for which the data, records, or reports may be used. The agreement shall prohibit the re-release of data, records, or reports by the NCHS or its successor agency without express written permission from the Registrar. Ownership of vital records data provided under such agreements shall remain solely with the Registrar, not the NCHS or its successor agency. (h)(1) The Registrar may, according to terms defined by an inter-jurisdictional exchange agreement ("Agreement"), transmit vital records data, or copies of records and other reports to: (A) The offices of vital statistics in other states or U.S. jurisdictions outside of the District; or (B) Foreign countries when the data, records, or other reports relate to residents of those states, U.S. jurisdictions, or foreign countries or to individuals who are born or die in those states, U.S. jurisdictions, or foreign countries. (2) The Agreement shall specify the purposes for which the data, records, or reports may be used by each state, U.S. jurisdiction, or foreign country, and shall provide instructions for the proper retention and disposition of the data, records, or reports. (3) Any vital records data or copies of records or reports received by the Registrar from another state, U.S. jurisdiction, or foreign country as a result of an Agreement shall be confidential and the state, U.S. jurisdiction, or foreign country where the event occurred shall retain ownership of the data, records, or reports. (4) Data, records, or reports may be used by the recipient state, U.S. jurisdiction, or foreign country only for the purposes specified in the Agreement, and the Agreement shall prohibit the recipient state, U.S. jurisdiction, or foreign country from otherwise disclosing any of the District's data, records, or reports. (i)(1) A live birth record shall be considered open when 125 years have elapsed from the date of birth. (2) A death record shall be considered open when 75 years have elapsed from the date of death or fetal death. (3) A marriage record shall be considered open when 100 years have elapsed from the date of marriage, divorce, dissolution of marriage, or annulment. (j)(1) Supporting documents, including corrections and acknowledgments of paternity for open vital records shall also be public. Sealed records shall not be classified as public unless unsealed by the court. Vital records made public after the prescribed time may be transferred to the District of Columbia Archives ("Archives") in accordance with archival procedures that provide for the continued safekeeping of such vital records. (2) Before the transfer of live birth and death records to the Archives, the Registrar shall redact any information identified in the NCHS' U.S. Standard Certificates of live birth and death, and reports of fetal death or reports of induced termination of pregnancy, or as identified by the District by rules issued pursuant to  7-231.29 as medical or for health use only. (3) The Registrar shall be the only individual authorized to issue certified copies of live birth and death records in the District. (k) The Vital Records Division shall remain the legal custodian of live birth, death and fetal death, domestic partnership, and dissolution of domestic partnership records and related statistical reports until these records are transferred to the Archives. Only the Registrar may certify issuances of District live birth, death and fetal death records. The Archives may provide non-certified copies of vital records made public pursuant to subsection (j) of this section in accordance with the procedures of the Archives for making non-certified copies. (l) The Registrar shall disclose information contained in vital records, or copies of vital records, to the IV-D agency upon request, for purposes directly related to paternity establishment or the establishment, modification, or enforcement of a support order. (m) The Registrar may approve or deny a request for inspection or disclosure of data. A decision by the Registrar regarding the inspection or disclosure of data or information contained in a vital record or vital report shall constitute a final agency determination. (n) Notwithstanding the provisions of this section, the Registrar shall provide reports of homicides or suicides, as that term is defined in  5-1431.01(e), to the Violence Fatality Review Committee established pursuant to  5-1431.01.  (Oct. 30, 2018, D.C. Law 22-164,  124, 65 DCR 9324.)  Applicability Section 401 of D.C. Law 22-164 provided that subsection (n) of this section shall apply as of October 1, 2018. 
 7231.25. Certification from the system of vital statistics. (a)(1) A certificate of live birth, a death, fetal death, domestic partnership or dissolution of domestic partnership, or any part thereof, issued in accordance with this section, shall be considered for all purposes the same as the original record and shall be prima facie evidence of the information it contains. (2) The evidentiary value of a record submitted to the Registrar more than one year after the vital event, a vital record that has been amended, or a record of foreign live birth shall be determined by the judicial or administrative body or official before whom the record is offered as evidence. (b)(1) The Registrar shall require an applicant applying for a certified copy of a vital record to submit a signed application, proof of identity, and evidence of entitlement under this section. (2) Upon receipt and approval of an application, the Registrar shall issue a certified copy of a vital record in the form of a physical image or abstract to the applicant. Only the Registrar may issue the certified image or abstract. (3) All certifications of vital records registered in the system shall be issued from the District's vital statistics system. (c) The Registrar shall specify through rules issued pursuant to  7-231.29 the forms of identification an applicant may provide in support of an application for a certified copy of a vital record; provided, that for applications received pursuant to subsection (b) of this section from inmates incarcerated by the Federal Bureau of Prisons, if the Registrar requires an applicant to provide identification when requesting a certified copy of all or part of a vital record, the Registrar shall accept identifying information provided by the Federal Bureau of Prisons as one permissible form of identification. (d) An applicant for a certified copy of a vital record shall be at least 18 years of age, or any age if the applicant is an emancipated minor. (e)(1) The Registrar shall review the evidence of entitlement the applicant provides to support a request for a certified copy of a vital record. Such evidence shall consist of copies of vital records, court documents, or alternative methods identified and considered acceptable by the Registrar through rules issued pursuant to  7-231.29. Evidence of entitlement shall demonstrate that the applicant is authorized to receive a certified copy of a vital record. (2) The only applicants entitled to receive a certified copy of a live birth record are the registrant, his or her child, parent, sibling, grandparent, legal guardian, or legal representative. (3)(A) The only applicants entitled to receive a certified copy of a death record are the informant, the decedent's spouse, domestic partner, child, parent, next of kin as specified by probate or other law, sibling, grandparent, grandchild, the individual with rights to control the final disposition of the decedent's body, the decedent's legal guardian immediately prior to death, the decedent's legal representative. (B) A funeral director from the funeral establishment named on the death record is entitled to receive a certified copy of the death record for 30 days after the date of filing of the death record. (C) An applicant may also obtain a certified copy of a death record by demonstrating that the record is needed for determining or protecting any individual or property rights. (4) The only applicants entitled to receive a certified copy of a fetal death record are the parent, sibling, grandparent, legal guardian of a parent, or legal representative of the fetus. A funeral director from the funeral home named on the fetal death record is entitled to receive a certified copy of a fetal death record for 30 days from the date of filing of the record. (5) The only applicants entitled to receive a certified copy of a record of a domestic partnership or the dissolution of a domestic partnership are the registrants, a registrant's child, parent, sibling, grandparent, grandchild, legal guardian, or legal representative. (f) The Registrar may verify with originating agencies the identity documents and evidence of entitlement submitted in support of a request for a certified copy. (g) The Registrar, in deciding whether to approve the request of a government agency or other entity for receipt of certified copies of vital records or verifications in electronic format shall consider the agency's or other entity's proposed use of the certified record, the frequency of need, security after receipt, and other relevant criteria. (h) The Registrar shall establish the minimum information to be included in a certificate. No certificate shall be issued without the minimum information necessary; provided, that live birth records without a first name for the registrant may be issued to authorized government agencies for adoption or custody purposes. (i) A death certificate that includes the manner or cause of death shall be issued with a denotation of such information unless the decedent's spouse, domestic partner, child, parent, next of kin as specified by probate or other law, the individual in charge of disposition of the decedent's remains, or the legal representative of any of these individuals, requests the omission of this information. (j) Each death certificate issued for a record shall include the date of registration. Except as provided by rules issued pursuant to  7-231.29, each certificate issued from a record marked or flagged as "amended" shall be similarly marked or flagged and shall indicate the effective date of the amendment. A certificate issued from a record marked or flagged as "delayed" shall be similarly marked or flagged and shall include the date of registration and a description of the evidence used to establish the delayed record. A certificate issued from a record of foreign live birth shall indicate this fact , display the actual place of live birth, and state that the certificate is not proof of United States citizenship. A certificate issued from a live birth record that has been matched to a death record shall be marked or flagged as "deceased". (k) Information identified in the U.S. Standard Certificates of Live Birth, Death, and Report of Fetal Death, or identified as for medical or health use only in any vital record through rules issued pursuant to  7-231.29 shall not be subject to subpoena or court order and shall not be admissible before any court, tribunal, or judicial body. Information identified as for administrative, statistical, medical, or health use only shall not be included in a certificate issued for the vital record. (l) If the Registrar conducts a search for a vital record on behalf of an applicant, and this search does not identify a record that matches the requested criteria, the Registrar shall issue a document indicating that no matching record was identified. The document shall state the specific information used in the attempt to identify the record, including the type of event, the name of the registrant, the alleged date or range of dates of the event, and any other criteria used to identify the record. (m) The Registrar may verify the facts contained in a vital record at the request of any authorized government agency in the conduct of its official duties. (n) Each certificate issued from the vital statistics system containing a live signature shall meet the requirements for apostille, authentication, and exemplification by the District's designated competent authority to facilitate use of the certificate outside of the United States. (o) All forms and procedures used to issue certificates of vital records in the District shall be uniform and provided or approved by the Registrar. Each certificate issued shall include security features that deter altering, counterfeiting, or duplicating the certification. (p) The Registrar shall maintain a searchable file, either physical or electronic, of all accepted applications for a minimum of 3 years. (q) No individual shall prepare or issue any paper or electronic document that purports to be an original vital record, a certification or a verification of a vital record, or a copy of a vital record except as authorized by this chapter or rules promulgated pursuant to  7-231.29. (r) An application and any supporting documentation submitted to obtain a certificate of a vital record shall be confidential and shall not be disclosed except upon the order of the court.  (Oct. 30, 2018, D.C. Law 22-164,  125, 65 DCR 9324.)  Applicability Section 401 of D.C. Law 22-164 provided that subsection (c) of this section shall apply as of October 1, 2018. 
 7231.26. Fraud or misrepresentation. (a)(1) When the Registrar receives information that a vital event report or record may have been registered, corrected, or amended through fraud or misrepresentation, the Registrar may withhold issuance of any certificate or amendment of that certificate pending inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred. (2) If, upon conclusion of the inquiry conducted pursuant to paragraph (1) of this subsection, no fraud or misrepresentation is found, the Registrar shall resume processing requests for a certificate or a modification of the record. (b) When the Registrar receives information that an application for a vital record service may have been submitted for the purpose of fraud or misrepresentation, the Registrar may withhold performance of that service pending inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred. (c) If, upon conclusion of the inquiry, there is reasonable cause to suspect fraud or misrepresentation, the Registrar shall provide copies of the application, report, or record and any other evidence to the appropriate authorities for further investigation. (d) If, upon conclusion of this investigation, fraud or misrepresentation is found, the Registrar may suspend further action regarding the record, or void or seal the record. The Registrar shall provide a written statement of these actions, including references to all the investigative findings and evidence that form the basis for the actions, to the registrant or the registrant's legal representative. (e) The Registrar shall retain all voided or sealed records and evidence, including the application, but such records and evidence shall not be subject to inspection or copying except upon order of the court or by the Registrar for purposes of administering the vital records system. (f) The Registrar shall periodically test and audit the vital records systems for the purpose of detecting fraud. If fraud is detected, the Registrar shall provide copies of the evidence to the proper authorities for further investigation. The results of the tests and audits shall be retained but shall not be subject to inspection or copying except by the Registrar for the purpose of administering the vital records system.  (Oct. 30, 2018, D.C. Law 22-164,  126, 65 DCR 9324.) 
 7231.27. Fees. (a) The Registrar shall prescribe by rules issued pursuant to  7-231.29 the fees to be paid for the following services: (1) Processing an application to amend a vital record; (2) Certifying records, whether paper or electronic, or searching the files when no certificate is issued; (3) Providing copies of or information contained on live birth, death, and fetal death records for health research, statistical, or administrative purposes, or in response to subpoena or court order; (4) Verifying information contained on live birth, death, fetal death, and domestic partnership records when the information is provided. Verification of vital events may only be provided to government agencies authorized by the Registrar; (5) Processing an application to register a delayed report of a vital event; (6) Replacing a live birth record subsequent to adoption, establishment of parentage, paternity acknowledgment, change in gender designation, or court order; (7) Providing personally identifiable information from vital records data to a health researcher or an authorized government agency; (8) Providing programming and analytic services in response to statistical data requests; (9) Issuing a permit for final disposition or a permit to disinter human remains, or as otherwise required by law; (10) Providing genealogical search services; (10A) Issuing a certificate of stillbirth; and (11) Providing any other service as determined by the Registrar. (b) Notwithstanding subsection (a) of this section, the fee for a certificate of birth shall be waived for: (1) An individual released from the custody of the Federal Bureau of Prisons ("BOP"), for one year after the individual is released from the custody of the BOP; and (2) An individual in the custody of the BOP at a halfway house in the District.  (Oct. 30, 2018, D.C. Law 22-164,  127, 65 DCR 9324; Sept. 11, 2019, D.C. Law 23-16,  3052, 66 DCR 8621; Mar. 16, 2021, D.C. Law 23-214,  2(b), 67 DCR 14396.)  Applicability Section 401 of D.C. Law 22-164 provided that subsection (b) of this section shall apply as of October 1, 2018.  Emergency Legislation  For temporary (90 days) amendment of this section, see  3052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  3052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7231.28. Penalties. (a) A fine of not more than $12,500, or imprisonment of not more than 2 years, or both, for each occurrence shall be imposed on: (1) Any individual who willfully and knowingly makes a false statement to the Registrar or the Registrar's designee when submitting information required by this chapter, in connection with: (A) A report; (B) A request to amend or correct a vital record, including any associated evidence; (C) A request for a certified copy or verification of a vital record; (D) A request for access to information in vital records; or (E) A request for creation of a vital record, including delayed records. (2) Any individual who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any record, report, application or supporting documentation submitted or created pursuant to this chapter, or any certification or verification of a vital record, or security paper; (3) Any individual who willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish a physical or electronic vital record document, including security paper, records, reports, or information in a vital record, that has been counterfeited, altered, unlawfully amended, or mutilated, or that is false in whole or in part, for purposes other than those specified in this chapter; (4) Any individual who without lawful authority possesses any stolen or otherwise unlawfully obtained record, security paper, certified copy, or report or application submitted or created pursuant to this chapter; or (5) Any individual who willfully and knowingly furnishes data, security paper, certifications or verifications with the knowledge or intention that they will be used for purposes other than those specified in this chapter. (b) A fine of not more than $2,500, or imprisonment of not more than one year, or both, for each occurrence, shall be imposed on: (1) Any individual who willfully and knowingly refuses to provide information required by this chapter or rules promulgated pursuant to  7-231.29 to implement this chapter; (2) Any individual who willfully and knowingly transports or accepts for transportation, interment, or other disposition human remains without an accompanying permit as provided in this chapter; or (3) Any individual who willfully and knowingly violates any of the provisions of this chapter or the rules promulgated pursuant to  7-231.29 to implement this chapter, or who willfully and knowingly refuses to perform any of the duties required by this chapter. (c) The fine set forth in this section shall not be limited by  22-3571.01. (d) For each violation set forth in this section, as an alternative to the sanctions set forth in subsections (a) and (b) of this section, a civil penalty of not more than $10,000 may be imposed on any individual who violates any of the provisions of this chapter or the rules issued pursuant to  7-231.29, or who willfully and knowingly fails to perform any of the duties required by this chapter or by the rules.  (Oct. 30, 2018, D.C. Law 22-164,  128, 65 DCR 9324.) 
 7231.29. Rules. The Registrar, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Oct. 30, 2018, D.C. Law 22-164,  129, 65 DCR 9324.) 
 7231.30. Repealer; savings clause. Chapter 2 of this title, is repealed. The existing rules implementing Chapter 2 of this title shall remain in effect until superseded by rules promulgated under this chapter.  (Oct. 30, 2018, D.C. Law 22-164,  130, 65 DCR 9324.) 
 7241. Definitions. For the purposes of this chapter, the term: (1) Agency means an agency, department, unit, or instrumentality of the District of Columbia government. (2) Disclosure means the release, transfer, provision of access to, or distribution of information in any manner by an entity holding the information to a person outside of the entity. (3) Health and human services information means any information that relates to: (A) The past, present, or future physical or mental health of an individual or family; (B) The provision of health care or human services, including benefits or supports, to an individual or family; or (C) The past, present, or future payment for the provision of health care or human services to an individual or family. (4) HIPAA means the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C.  1320d et seq.), and the regulations issued pursuant to it. (5) Human services means programs, assistance, supports, or benefits of any kind to improve quality of life or to meet the social, physical health, housing, and mental health needs of an individual. (6) Identified individual means a natural person to whom health and human services information pertains. (7) Individually identifiable health information shall have the same meaning as it does in HIPAA. (8) Person means a natural person, firm, company, association, corporation, service provider, or government instrumentality or agency. (9) Service provider means an entity that provides health or human services to District residents pursuant to a contract, grant, or other similar agreement with an agency. (10) Use means the sharing, employment, application, utilization, examination, or analysis of health and human services information.  (Dec. 4, 2010, D.C. Law 18-273,  101, 57 DCR 7171.)  Section References This section is referenced in  4-209.04,  4-1303.06, and  16-2332. Emergency Legislation For temporary (90 day) addition, see  101 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  101 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Mayor's Orders Establishment of a Health and Human Services Integrated Case Management Initiative; Establishment of a Health and Human Services Integrated Case Management Executive Committee; and Delegation of Rulemaking Authority to the Department of Human Services, see Mayors Order 2011-169, October 5, 2011 ( 58 DCR 8843).
 7242. Use and disclosure of health and human services information. (a) In accordance with  7-243 and without prior consent from the identified individual, an agency or service provider may use and shall disclose to another agency or service provider health and human services information referencing or relating to the identified individual for the following purposes; provided, that the use or disclosure is not specifically prohibited under District or federal law: (1) To establish the identified individuals eligibility for, or determine his or her amount and type of: (A) Treatment; (B) Services; (C) Benefits; (D) Support; or (E) Assistance; (2) To coordinate for the identified individual, his or her: (A) Treatment; (B) Benefits; (C) Services; (D) Support; or (E) Assistance; (3) To conduct oversight activities, including: (A) Management; (B) Financial and other audits; (C) Program evaluations; (D) Planning; (E) Investigations; (F) Examinations; (G) Inspections; (H) Quality reviews; (I) Licensure; (J) Disciplinary actions; or (K) Civil, administrative, or criminal proceedings or actions; (4) To conduct research related to treatment, benefits, services, supports, and assistance; provided, that: (A) Health and human services information referencing or relating to an identified individual shall not be disclosed in a manner that would permit the identity of the individual to be reasonably inferred by either direct or indirect means; and (B) The agency or service provider receiving the health and human services information shall affirm in writing that any individually identifiable health information shall be treated in accordance with HIPAA; and (5) To aid in the development of the report required by  22-4234(b-3). (b) A service provider shall disclose health and human services information to an agency upon request by the agency; provided, that the disclosure and use of such information is in accordance with this chapter. (c) An agency or service provider shall use or disclose individually identifiable health information in accordance with HIPAA. (d) When using or disclosing health and human services information, an agency or service provider shall make reasonable efforts to limit such information to the minimum amount necessary to accomplish the purpose of the use or disclosure. (e) An agency or service provider that discloses health and human services information shall designate an individual responsible for: (1) Responding to requests for health and human services information from another agency or service provider, who shall: (A) Respond to a request within 48 hours; (B) Not unreasonably deny a request; and (C) Within 5 business days of the date of the request, supply the requested information to the extent such request was approved; and (2) Ensuring that any health and human services information disclosed pursuant to  7-243 is limited to the minimum amount of information necessary to accomplish the purpose of the disclosure.  (Dec. 4, 2010, D.C. Law 18-273,  102, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(a), 59 DCR 6190; Apr. 27, 2021, D.C. Law 23-274,  901, 68 DCR 001034.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-423, Oct. 26, 2020, 67 DCR 12830).   For temporary (90 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2020 (D.C. Act 23-357, Aug. 5, 2020, 67 DCR 9658).   For temporary (90 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-138, Oct. 23, 2019, 66 DCR 14313).   For temporary (90 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2019 (D.C. Act 23-106, July 24, 2019, 66 DCR 9754).  For temporary (90 day) addition, see  102 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  102 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2020 (D.C. Law 23-150, Dec. 3, 2020, 67 DCR 9902).   For temporary (225 days) amendment of this section, see  2 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2019 (D.C. Law 23-41, Jan. 10, 2020, 66 DCR 13139). 
 7243. Data system. The Mayor may establish a single or combined data system to store and share health and human services information; provided, that the system meets the security requirements of HIPAA and that individuals with authority to access the system receive training in accordance with HIPAA prior to any use of the system.  (Dec. 4, 2010, D.C. Law 18-273,  103, 57 DCR 7171.)  Section References This section is referenced in  7-242. Emergency Legislation For temporary (90 day) addition, see  103 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  103 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7244. Disclosures to a service provider. (a) Before an agency or service provider discloses health and human services information to a service provider pursuant to this chapter, the receiving service provider shall make a written request for the information, describing the health and human services information sought and the purpose for the information. (b) Regarding requests for health and human services information from a service provider, an agency or service provider must maintain an accurate record, for a reasonable period of time: (1) Of the date and purpose for any request for the information; (2) The date on which the information was disclosed; and (3) A record of to whom the information was disclosed.  (Dec. 4, 2010, D.C. Law 18-273,  104, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(a), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) addition, see  104 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  104 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). For temporary (90 day) amendment of section, see  211(a) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7245. Civil penalties for unlawful use or disclosure. (a)(1) A person who negligently uses or discloses health and human services information in a manner not authorized by this chapter or other District law shall be liable in an amount of $500 for each violation. (2) For the purposes of this subsection, the term negligently means that a person guided by ordinary considerations should have known, and by exercising reasonable diligence would have known, that the use or disclosure was not authorized. (b) A person who willfully uses or discloses health and human services information in a manner not authorized by this chapter or other District law shall be liable in an amount of $1,000 for each violation. (c) This section shall not apply to disclosures of information authorized pursuant to other District law or to federal law.  (Dec. 4, 2010, D.C. Law 18-273,  105, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(a), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) addition, see  105 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  105 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118). For temporary (90 day) amendment of section, see  211(b) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7246. Criminal penalties for unlawful use or disclosure. A person who knowingly obtains, uses, or discloses health and human services information in a manner not authorized by this chapter or other District law shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than $2,500, imprisoned not more than 60 days, or both; except, that if the offense is committed through deception or theft the person shall be guilty of a misdemeanor and shall be fined not more than $5,000, imprisoned for not more than 180 days, or both.  (Dec. 4, 2010, D.C. Law 18-273,  106, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(a), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) addition, see  106 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  106 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7247. Relation to other laws. If a civil or criminal penalty imposed by another law applies to an action that is also subject to a civil or criminal penalty under this chapter, the greater penalty shall apply.  (Dec. 4, 2010, D.C. Law 18-273,  107, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171,  53(a), 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction. Emergency Legislation For temporary (90 day) addition, see  107 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  107 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7248. Rules. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. (b) The Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 30-day review period, the proposed rules shall be deemed approved.  (Dec. 4, 2010, D.C. Law 18-273,  108, 57 DCR 7171.)  Emergency Legislation For temporary (90 day) addition, see  108 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) addition, see  108 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 7301. Mayor to issue rules. The Mayor may, upon the advice of the Commissioner of Public Health and pursuant to subchapter I of Chapter 5 of Title 2, issue rules to prevent and monitor the occurrence of cancer in the District of Columbia.  (July 27, 1951, 65 Stat. 124, ch. 241,  1; Feb. 21, 1986, D.C. Law 6-83,  2(a), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-1201. 1973 Ed.,  6-1301. Emergency Legislation For temporary amendment of section, see  506(a) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(b) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(d) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(e) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(f) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  402(a) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and  506(g) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary amendment of section, see  506(h) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). Delegation of Authority Delegation of authority pursuant to Law 6-83, see Mayors Order 86-165, September 19, 1986. Delegation of authority pursuant to the Preventive Health Services Amendment Act of 1985, see Mayors Order 98-141, August 20, 1998.
 7302. Confidentiality. The Commissioner of Public Health shall use the records incident to a reported case of cancer for statistical and public health purposes only, and identifying information contained in these records shall be disclosed only when essential to safeguard the physical health of others. No person shall otherwise disclose or redisclose identifying information derived from these records unless: (1) The person reported gives his or her prior written permission; (2) A court finds, upon clear and convincing evidence and after granting the person reported an opportunity to contest the disclosure, that disclosure is essential to safeguard the physical health of others; or (3) The identifying information is exchanged with a cancer registry that is maintained by a state and the Commissioner of Public Health receives a satisfactory assurance from the cancer registry that the confidentiality of the identifying information shall be preserved.  (July 27, 1951, 65 Stat. 124, ch. 241,  2; Feb. 21, 1986, D.C. Law 6-83,  2(b), 32 DCR 7276; Sept. 11, 1990, D.C. Law 8-157,  2, 37 DCR 4165.)  Prior Codifications 1981 Ed.,  6-1202. 1973 Ed.,  6-1302. Section References This section is referenced in  7-304.
 7303. Medical examination or treatment not required. Nothing in this chapter or any rules or regulations issued pursuant to this chapter shall be construed to compel a person with cancer to submit to medical examination or treatment.  (July 27, 1951, 65 Stat. 124, ch. 241,  3; Feb. 21, 1986, D.C. Law 6-83,  2(c), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-1203. 1973 Ed.,  6-1303.
 7304. Penalties; prosecutions. (a) Except as provided in subsection (b) of this section, any person who willfully violates this chapter or any rule or regulation issued pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. (b) Any person who willfully discloses, receives, uses, or permits the use of information in violation of  7-302 shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both. (c) Prosecution shall be in the Superior Court of the District of Columbia by information signed by the Corporation Counsel.  (July 27, 1951, 65 Stat. 124, ch. 241,  4; July 8, 1963, 77 Stat. 77, Pub. L. 88-60,  1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I,  155(a); Feb. 21, 1986, D.C. Law 6-83,  2(d), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-1204. 1973 Ed.,  6-1304. Temporary Legislation  For temporary (225 days) creation of  7-311, see  707 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 73001. Legislative findings. (a) The current system of treating substance abusers in the District does not serve the needs of the community. There are between 65,000 and 100,000 persons in the District who need treatment for substance abuse. In the first 11 months of FY1999, the Addiction Prevention and Recovery Administration (APRA) served only 5,700 clients. No statistics are available regarding whether these individuals were successfully treated. Among other things, too few detoxification services slots create a bottleneck in its treatment programs. (b) The financial costs associated with substance abuse are enormous. According to some estimates, these costs probably exceed $1 billion in the District for health care expenditures, premature death, impaired productivity, motor vehicle crashes, crime, and social welfare cases due to alcohol and drug abuse. For every $1 spent on substance abuse treatment an average of $7 is saved in costs associated with criminal justice, health care and social services. (c) Even more critical are the tragic human costs associated with substance abuse. Substance abuse is a major factor in crime, domestic violence, child abuse, joblessness, emergency room visits, AIDS cases, and public health in the District. (d) In the District, the human costs are pervasive and devastating. Sixty-seven percent of recent offenders in the District tested positive in at least half of all drug tests. Similarly, 69% of APRAs clients have an arrest record. Eighty-five percent of child protection cases, 75% of foster care cases, and 35% of AIDS cases are related to drug abuse. Moreover, one in 7 mothers delivering babies test positive for drug use as well; 38% of emergency room visit patients are under the influence of alcohol. Finally, up to 50% of perpetrators of domestic violence have substance abuse problems. (e) Access to meaningful treatment is clearly a major hurdle to recovery. Seventy-nine percent of APRAs clients were unemployed and had no insurance. Importantly, while 19.2% of APRAs clients are eligible for Medicaid, APRA does not access Medicaid dollars for outpatient and residential treatment services. This oversight results is the loss of millions of dollars for such services. (f) The existing programs offered by APRA are insufficient. Sixty percent of substance abusers have psychiatric disorders, but only a fraction of those receive treatment. The Latino community is underserved because of the lack of bilingual residential treatment programs. Additionally, existing services fail to meet the treatment needs of youth, the elderly, pregnant and parenting women, and persons with disabilities.  (July 18, 2000, D.C. Law 13-146,  2, 47 DCR 4350; Apr. 24, 2007, D.C. Law 16-305,  29(a), 53 DCR 6198.)  Effect of Amendments D.C. Law 16-305, in subsec. (f), substituted persons with disabilities for the disabled.
 73002. Definitions. For the purposes of this chapter, the term: (1) Addiction Prevention and Recovery Administration (APRA) means the agency or the successor agency within the Department of Health responsible for administering substance abuse prevention and treatment services. (2) Aftercare plan means the services or other planned activities designed to sustain therapeutic gains and promote further recovery of the client with regard to the issues relating to substance abuse. (3) Certification means the process of ensuring that standards of care are met for the operation of a substance abuse treatment facility or program in the District of Columbia as described by regulation. (4) Client means a person who has and is seeking to recover from substance abuse and has been selected for participation in the Drug Treatment Choice Program. (5) District means the District of Columbia. (6) Drug means any of the controlled substances enumerated in  48-902.04, 48-902.06, 48-902.08, 48-902.10, or 48-902.12. (7) Dual diagnosis means persons with the concurrent diagnoses of substance abuse and mental disease or disorder. (8) Intake screening and assessment means the process performed by a qualified substance abuse counselor for the collection of relevant information about an applicant in order to determine eligibility for rehabilitation program services and the development of an initial treatment plan and any necessary referral. (9) Qualified substance abuse counselor means a person who: (A) Has received certification or credentials in substance abuse from the American Medical Association, the American Society for Addiction Medicine, the Nurses Professional Association, a states affiliate of the National Alcohol and Drug Counselors Association, or a states affiliate of the International Certification Reciprocity Consortium for Alcohol and Other Drugs of Abuse (ICRC/AODA); (B) Has registered with the District of Columbia Board of Professional Counseling as a Registered Addiction Professional; and (C) Completes 40 hours of continuing education every two years. (10) Rehabilitation plan means the course of action to be taken to address the issues relating to substance abuse that were identified in the intake screening and assessment, including frequency of services, type of personnel providing services, monitoring of client progress, and plan revision. (11) Resident means any person who lives in the District voluntarily, not for a temporary purpose, and has no present intention of removing himself or herself from the District. Temporary absence from the District, with subsequent returns to the District, or intent to return when the purposes of the absence have been accomplished shall not interrupt continuity of residence. For the purpose of this chapter, whether a person is a resident shall not depend upon the reason that the individual entered the District except that it may bear on whether the person is in the District for a temporary purpose. (12) Substance abuse means a pattern of pathological use of a drug or alcohol that causes impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or physical symptoms when the drug or alcohol is not used. (13) Treatment provider means an entity, a facility, or a program that has been certified by APRA to be responsible for the delivery of substance abuse detoxification, rehabilitation, and aftercare services to an identified target population.  (July 18, 2000, D.C. Law 13-146,  3, 47 DCR 4350; Sept. 26, 2012, D.C. Law 19-169,  18, 59 DCR 5567.)  Section References This section is referenced in  4-1345.01. Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted has and is for is afflicted with and following person who in (4). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 73003.01. Establishment of the Access to Recovery Voucher program. (a) There is established the Access to Recovery Voucher Program (ATR), which shall be administered by APRA. The purpose of ATR shall be to provide District residents with access to culturally sensitive substance-abuse treatment and recovery-support services for the duration of the 3-year federal Access to Recovery grant awarded to APRA and to serve as an addition and complement to the Choice in Drug Treatment Program, established by  7-3003. (b) The duty of APRA to administer ATR shall include: (1) Community outreach and education; (2) Collaborating with federal and local agencies in regard to individuals returning to the community after being incarcerated who require substance-abuse treatment or recovery-support services; and (3) Ensuring that ATR achieves the projected target of serving over 11,000 individuals.  (July 18, 2000, D.C. Law 13-146,  4a; as added Aug. 16, 2008, D.C. Law 17-219,  5002(a), 55 DCR 7598.)  Section References This section is referenced in  7-3015. Short Title Short title: Section 5001 of D.C. Law 17-219 provided that subtitle A of title V of the act may be cited as the Choice in Drug Treatment Amendment Act of 2008.
 73003. Establishment of the Drug Treatment Choice Program; purpose. There is established the Drug Treatment Choice Program (Program). The purpose of the Program is to provide District residents with access to substance abuse rehabilitation and aftercare plans at the treatment provider of their choice in consultation with a qualified substance abuse counselor, and subject to the availability of funds in the Addiction Recovery Fund.  (July 18, 2000, D.C. Law 13-146,  4, 47 DCR 4350.)  Section References This section is referenced in  7-3003.01. Emergency Legislation For temporary (90 day) addition, see  2(a) of Choice in Drug Treatment Emergency Amendment Act of 2008 (D.C. Act 17-280, January 29, 2008, 55 DCR 1534). Temporary Legislation Section 2(a) of D.C. Law 17-142 added a section to read as follows: Sec. 4a. Establishment of the Access to Recovery Voucher Program. (a) There is established the Access to Recovery Voucher Program (ATR), which shall be administered by APRA. The purpose of ATR shall be to provide District residents with access to culturally sensitive, substance abuse treatment and recovery support services for the duration of the 3-year federal Access to Recovery grant awarded to APRA and to serve as an addition and complement to the Choice in Drug Treatment Program, established by section 4. (b) The duty of APRA to administer ATR shall include: (1) Community outreach and education; (2) Collaborating with federal and local agencies in regard to individuals returning to the community after being incarcerated who require substance abuse treatment or recovery support services; and (3) Ensuring that ATR achieves the projected target of serving over 11,000 individuals. Section 4(b) of D.C. Law 17-142 provided that the act shall expire after 225 days of its having taken effect.
 73004. Establishment of the Addiction Recovery Fund. (a)(1) There is established, as a nonlapsing, revolving fund, the Addiction Recovery Fund (Fund). Except as provided in subsection (a-1) of this section, the Fund shall be comprised of general revenue funds appropriated by a line item in the budget submitted pursuant to  1-204.46, and authorized by Congress in an appropriations act for the purpose of the Drug Treatment Choice Program. The Mayor shall, subject to authorization by Congress in an appropriations act, deposit in the Fund any and all other funds received on behalf of the Fund for the purpose of the Drug Treatment Choice Program. (2) All funds shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress. All funds deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the purpose of the Drug Treatment Choice Program, subject to authorization by Congress in an appropriations act. (a-1) There is established within the Fund a segregated account to be known as the ATR Account, into which shall be deposited the federal grant funds awarded to APRA for ATR, to be expended solely for the purposes of ATR, in accordance with federal requirements and regulations promulgated to implement this chapter. (b) Except as provided in subsection (a-1) of this section, the Fund shall be used only for payments directly to treatment providers. The Fund shall be the sole source for payments to treatment providers under the Drug Treatment Choice Program. APRA shall administer the Drug Treatment Choice Program and the Fund from APRAs appropriated operating budget. (c) Within 18 months of July 18, 2000, APRA shall develop a plan to incorporate all APRA funding for substance abuse treatment services into the Fund. APRA may propose to continue then existing contracts and grants upon a finding that the Program would not serve the specific needs of a particular clientele or group. (d) The plan developed by APRA pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed plan, in whole or in part, by resolution within this 45-day review period, the proposed plan shall be deemed approved.  (July 18, 2000, D.C. Law 13-146,  5, 47 DCR 4350; Oct. 3, 2001, D.C. Law 14-28,  4202, 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105,  50, 51 DCR 881; Aug. 16, 2008, D.C. Law 17-219,  5002(b), 55 DCR 7598.)  Section References This section is referenced in  7-3015. Effect of Amendments D.C. Law 14-28, in subsec. (a), designated par. (1), inserted as a nonlapsing, revolving fund before established in the first sentence of par. (1), and added par. (2). D.C. Law 15-105, in subsec. (a)(1), validated a previously made technical correction. D.C. Law 17-219, in subsecs. (a) and (b), inserted Except as provided in subsection (a-1) of this section,; and added subsec. (a-1). Emergency Legislation For temporary (90 day) amendment of section, see  3802 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see  2(b) of Choice in Drug Treatment Emergency Amendment Act of 2008 (D.C. Act 17-280, January 29, 2008, 55 DCR 1534). Temporary Legislation Section 2(b) of D.C. Law 17-142, in subsec. (a), substituted Except as provided in subsection (a-1) of this section, the Fund shall be comprised for The Fund shall be comprised; in subsec. (b), substituted Except as provided in subsection (a-1) of this section, the Fund shall be used only for for The Fund shall be used only for; and added subsec. (a-1) to read as follows: (a-1) There is established within the Fund a segregated account to be known as the ATR Account, into which shall be deposited the federal grant funds awarded to APRA for ATR, to be expended solely for the purposes of ATR, in accordance with federal requirements and regulations promulgated to implement this act. Section 4(b) of D.C. Law 17-142 provided that the act shall expire after 225 days of its having taken effect.
 73005.01. Certification and participation by treatment providers. To improve access to substance abuse rehabilitation and aftercare for persons needing addiction treatment services, the Director of the Department of Health (Director) is authorized to exercise procurement authority to carry out the purposes of this chapter independent of the Office of Contracting and Procurement. The Director may enter into provider agreements or other agreements only with providers certified under Chapter 23 of Title 29 of the District of Columbia Municipal Regulations. It shall no longer be necessary for providers to be certified under Chapter 24 of Title 29 of the District of Columbia Municipal Regulations in order to be eligible to provide services under the Choice in Drug Treatment Program. The Director shall exercise this authority consistent with Chapter 3A of Title 2; except that  2-352.01(a) shall not apply.  (July 18, 2000, D.C. Law 13-146,  6a; as added Oct. 20, 2005, D.C. Law 16-33,  5042, 52 DCR 7503; Sept. 26, 2012, D.C. Law 19-171,  212, 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 substituted consistent with Chapter 3A of Title 2; except that  2-352.01(a) shall not apply for consistent with Unit A of Chapter 3 of Title 2, except with regard to the powers and duties outlined in  2-301.05(a), (b), (c), and (e). Emergency Legislation For temporary (90 day) addition, see  5042 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). Short Title Short title of subtitle E of title V of Law 16-33: Section 5041 of D.C. Law 16-33 provided that subtitle E of title V of the act may be cited as the Choice in Drug Treatment Amendment Act of 2005.
 73005. Administration of the Drug Treatment Choice Program and Addiction Recovery Fund. APRA shall administer the Program and Fund by: (1) Performing certification of treatment providers; (2) Creating standardized intake forms and procedures to be utilized by APRA and treatment providers; (3) Monitoring intake screening and assessments performed by qualified substance abuse counselors located within the APRA or the treatment providers; (4) Determining whether the applicant is eligible to participate in the Program following the intake screening and assessment; (5) Requiring the persons performing the intake screening and assessment, after determining eligibility, to share with the client the entire spectrum of treatment providers and to inform the client of his or her right to select the treatment provider of his or her choice in consultation with a qualified substance abuse counselor; (6) Reviewing rehabilitation and aftercare plans, including estimated costs, submitted by treatment providers; (7) Providing payment directly to treatment providers for services rendered at such times as established between APRA and the treatment provider; and (8) Monitoring the rehabilitation and aftercare plans and the quality of the services rendered by the treatment providers.  (July 18, 2000, D.C. Law 13-146,  6, 47 DCR 4350.)  Emergency Legislation For temporary (90 day) addition, see  2 of Choice in Drug Treatment Grants Emergency Act of 2005 (D.C. Act 16-149, July 26, 2005, 52 DCR 7191).
 73006. Confidential records. All information furnished to APRA pursuant to this chapter shall remain confidential and may be disclosed only to medical personnel for purposes of diagnosis and treatment; except, that with the prior written consent of the client, the information may be disclosed for the purposes of and in accordance with Chapter 2B of this title [ 7-241 et seq.].  (July 18, 2000, D.C. Law 13-146,  7, 47 DCR 4350; Dec. 4, 2010, D.C. Law 18-273,  208, 57 DCR 7171.)  Effect of Amendments D.C. Law 18-273 substituted and treatment; except, that with the prior written consent of the client, the information may be disclosed for the purposes of and in accordance with Chapter 2B of this chapter for and treatment. Emergency Legislation For temporary (90 day) amendment of section, see  208 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099). For temporary (90 day) amendment of section, see  208 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
 73007. Residency and insurance requirements. In addition to other eligibility requirements established pursuant to this chapter, a prospective client shall be a District resident and not have insurance benefits available for substance abuse treatment. A client shall continue to be a resident while participating in the Program.  (July 18, 2000, D.C. Law 13-146,  8, 47 DCR 4350.) 
 73008. Benefits. (a) APRA shall formulate guidelines that give priority for enrollment in the Program to any eligible minor, pregnant woman, or the parent, guardian, or other person who has legal custody of a minor. (b)(1) A client with no dependent children shall receive a maximum of up to $20,000 per year, subject to the availability of funds in the Fund. A client with a dependent child shall receive a maximum of up to $40,000 per year, subject to the availability of funds in the Fund and the discretion of the Director of the Department of Health. (2) The Director of the Department of Health is authorized to increase the maximum amounts set forth in this subsection to adjust for inflation. (c) By waiver, approved by the Administrator of APRA, expenditures in excess of the maximum amounts stated in subsection (b) of this section may be authorized where good cause is shown. (d) Nothing in this chapter shall be construed to create an entitlement to substance abuse treatment during any fiscal year if no funds remain available to the District government under a District or federal appropriation that has been enacted for the specific purpose of providing substance abuse treatment services.  (July 18, 2000, D.C. Law 13-146,  9, 47 DCR 4350; Aug. 16, 2008, D.C. Law 17-219,  5031, 55 DCR 7598.)  Effect of Amendments D.C. Law 17-219 rewrote subsec. (b), which had read as follows: (b) A client with no dependent children shall receive a maximum of up to $10,000 per year, subject to the availability of funds in the Fund. A client with a dependent child or children shall receive a maximum of up to $25,000 per year, subject to the availability of funds in the Fund. Short Title Short title: Section 5030 of D.C. Law 17-219 provided that subtitle M of title V of the act may be cited as the Choice in Drug Treatment Maximum Benefit Amendment Act of 2008.
 73009. Certification of treatment providers. (a) In order to participate as a treatment provider in the Program, application shall be made to APRA for certification, the cost of which shall be paid by the treatment provider. Only Program-approved treatment providers shall be eligible to receive payments from the Fund. (b)(1) Within 60 days after July 18, 2000, APRA shall submit to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess, the specific criteria to be used in certifying treatment providers. If the Council does not approve or disapprove, in whole or in part, by resolution within the 60-day period of review, the criteria shall be deemed approved. (2) At a minimum, the criteria shall require a demonstrated success in the rehabilitation services for which the treatment provider seeks certification and the financial viability of the treatment provider to perform the services for which it seeks certification. In addition, APRA may require the treatment provider to post a surety bond of up to $50,000 in order to participate in the Program. (c) APRA shall make every effort to seek out for certification a diversity of treatment providers who offer rehabilitation services to such targeted populations as African Americans, Latinos, Asians, offenders and ex-offenders, the elderly, persons with custody of minor children, lesbian, gay, bisexual, transgender, and questioning persons, persons with HIV/AIDS, individuals with dual diagnoses, and persons with disabilities. (d) APRA shall have the authority to revoke or suspend certification in cases of fraud, financial abuse, client abuse, improper clinical practices, improper practices by staff, or for other good cause. (e) Except as provided in subsection (f) of this section, each treatment provider shall apply for recertification annually. (f) If, after 2 successive recertifications, a treatment provider is found by APRA to be in substantial compliance with certification standards, annual recertification shall not be required for as long as a treatment provider remains in substantial compliance. (g) Additional certification of a treatment provider shall be required if the scope of its services changes.  (July 18, 2000, D.C. Law 13-146,  10, 47 DCR 4350; Apr. 24, 2007, D.C. Law 16-305,  29(b), 53 DCR 6198; Oct. 22, 2015, D.C. Law 21-36,  1025, 62 DCR 10905.)  Effect of Amendments D.C. Law 16-305, in subsec. (c), substituted persons with disabilities for the disabled. The 2015 amendment by D.C. Law 21-36 substituted lesbian, gay, bisexual, transgender, and questioning persons for gays, lesbians, bisexuals, transgenders in (c). Emergency Legislation For temporary (90 days) amendment of this section, see  1025 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
 73010. Quality assurance for treatment providers. Prior to implementing the Program, APRA shall: (1) Establish a Quality Assurance Division staffed with personnel to monitor the performance and quality of services of treatment providers; (2) Train quality assurance staff on the tools and protocols used to effectively monitor treatment providers; and (3) Develop policies, procedures, and instruments to measure qualitative and quantitative outcomes of treatment services.  (July 18, 2000, D.C. Law 13-146,  11, 47 DCR 4350.) 
 73011. Aftercare plan. (a) Prior to discharge from the rehabilitation plan, an aftercare plan shall be developed by the treatment provider in consultation with the client. The aftercare plan shall include periodic interviews by the treatment provider with the client within one month, three months, and six months after discharge and include procedures for collecting information about outcomes of care from the client. (b) APRA shall, at the end of each fiscal year, compile success rates for treatment providers and submit them to the Council by November 1 of each year.  (July 18, 2000, D.C. Law 13-146,  12, 47 DCR 4350.) 
 73012. Infrastructure development plan. Within 180 days after July 18, 2000, APRA shall establish a comprehensive plan to develop the Districts substance abuse treatment and prevention infrastructure. This plan shall be based on a rigorous needs assessment and current service inventory to identify gaps in treatment modalities by geographic location.  (July 18, 2000, D.C. Law 13-146,  13, 47 DCR 4350.) 
 73013. Program evaluation. APRA shall review the success of the Program and perform a comprehensive evaluation of all APRA substance abuse treatment programs and submit its report to the Council by January 15, 2003.  (July 18, 2000, D.C. Law 13-146,  14, 47 DCR 4350.) 
 73014. Choice in Drug Treatment Advisory Commission. [Repealed] Repealed.  (July 18, 2000, D.C. Law 13-146,  15, 47 DCR 4350; May 18, 2004, D.C. Law 15-155,  2, 51 DCR 3389; May 2, 2015, D.C. Law 20-271,  256, 62 DCR 1884.)  Effect of Amendments D.C. Law 15-155 rewrote the section. Emergency Legislation For temporary (90 days) repeal of this section, see  256 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807). For temporary (90 days) repeal of this section, see  256 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).
 73015. Rulemaking. (a)(1) Within 180 days of July 18, 2000, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issues rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. (2)(A) Except as provided in subparagraph (B) of this paragraph, all rules promulgated pursuant to paragraph (1) of this subsection shall apply to the provisions of  7-3003.01 and 7-3004(a-1). (B) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to apply specifically to the provisions of  7-3003.01 and 7-3004(a-1). Any such rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day review period, the proposed rules shall be deemed approved. (b) Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.  (July 18, 2000, D.C. Law 13-146,  16, 47 DCR 4350; Aug. 16, 2008, D.C. Law 17-219,  5002(c), 55 DCR 7598.)  Effect of Amendments D.C. Law 17-219, in subsec. (a), designated par. (1) and added par. (2). Emergency Legislation For temporary (90 day) amendment of section, see  2(c) of Choice in Drug Treatment Emergency Amendment Act of 2008 (D.C. Act 17-280, January 29, 2008, 55 DCR 1534). Temporary Legislation Section 2(c) of D.C. Law 17-142, in subsec. (a), designated the existing text as par. (1), and added par. (2) to read as follows: (2)(A) Except as provided in subparagraph (B) of this paragraph, all rules promulgated pursuant to paragraph (1) of this subsection shall apply to the provisions of the Choice in Drug Treatment Temporary Amendment Act of 2008, passed on 2nd reading on February 5, 2008 (Enrolled version of Bill 17-566) (temporary act). (B) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code  2-501 et seq.), may issue rules to apply specifically to the provisions of the temporary act. Any such rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Section 4(b) of D.C. Law 17-142 provided that the act shall expire after 225 days of its having taken effect. Delegation of Authority Delegation of Authority Pursuant to D.C. Law 13-146, the Choice in Drug Treatment Act of 2000, see Mayors Order 2002-73, April 3, 2002. Resolutions Resolution 17-738, the Access to Recovery Program Emergency Approval Resolution of 2008, was approved effective July 15, 2008.
 73101. Establishment. (a) The Mayor shall establish, by contract, a substance abuse program for youths 14 through 20 years of age. The Addiction Prevention and Recovery Administration shall administer the program from its appropriated operating budget. (b) In fiscal year 2005, the Addiction Prevention and Recovery Administration shall: (1) Provide no less than 400 slots in the program for youth treatment services; (2) Provide, at minimum, an average of 15 youth residential treatment slots, but at no time less than 12 residential slots, to be used exclusively to serve 120 youth; (3) Provide a minimum of 385 community-based youth outpatient treatment slots exclusively for youth, of which 75 intensive outpatient slots and 125 outpatient treatment slots shall be utilized exclusively to provide a continuum of community-based care services for youth in the care of the Youth Services Administration who are released from the Oak Hill Youth Center. (c) To support the infrastructure necessary for implementation and ongoing monitoring of quality assurance for the youth substance abuse treatment program, 3 full-time employees, personnel grade DSS-11/12, shall be detailed from the Department of Human Services, Youth Services Administration to the Department of Health, Addiction Prevention and Recovery Administration to serve as Program Monitors/Coordinators. (d)(1) The Addiction Prevention and Recovery Administration shall fund 2 positions to support the administration, service delivery, and monitoring of services provided to youth under the care of the Youth Services Administration. One position shall be titled the Program Manager, and shall be classified as a personnel grade MSS-13. The second position shall be an Administrative Assistant, classified as a personnel grade DSS-9. (2) The Program Manager shall serve as a continuity of care liaison between the Addiction Prevention and Recovery Administration and the Youth Services Administration, and shall be housed at, or report regularly to, the Oak Hill Youth Center. (3) The Program Manager shall work closely with the Youth Services Administration to assure that as slots are identified, filled, monitored, and maintained that all services are beneficial to the Youth Services Administrations efforts to comply with the Jerry M v. District of Columbia consent decree.  Jerry M v. District of Columbia  (4) The Program Manager shall be responsible for working closely with other Addiction Prevention and Recovery Administration staff to utilize Substance Abuse Rehabilitation Option services. (e) A memorandum of understanding, or any other formal agreement deemed necessary to facilitate the implementation of the priority outpatient slots for the Youth Services Administration, shall be finalized and signed no later than October 1, 2004. A copy of the agreement shall be provided to the Councils Committee on Human Services.  (Oct. 3, 2001, D.C. Law 14-28,  4212, 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39,  2602, 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205,  5502, 51 DCR 8441.)  Effect of Amendments D.C. Law 15-39, redesignated the section as subsec. (a); in the newly designated subsec. (a), substituted 14 for 16; and added subsec. (b). D.C. Law 15-205, in subsec. (a), substituted a substance abuse program for youths 14 through 20 years of age for a 2-year pilot substance abuse program for youths 14 through 21 years of age; rewrote subsec. (b); and added subsecs. (c), (d), and (e). Prior to amendment, subsec. (b) had read as follows: (b) The Addiction Prevention and Recovery Administration shall provide no less than 375 slots in the pilot program for residential treatment services for youths ages 14-21 in Fiscal Year 2004, with 100 of those slots being reserved for priority treatment of youths in the care of the Youth Services Administration. The 100 slots reserved for priority treatment of youths in the care of the Youth Services Administration shall be available no later than October 31, 2003, pursuant to an agreement between the Addiction Prevention and Recovery Administration and the Youth Services Administration. Emergency Legislation For temporary (90 day) addition of section, see  3812 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see  2502 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see  2502 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). For temporary (90 day) amendment of section, see  5502 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see  5502 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). Short Title Short title of title XXVI of Law 15-39: Section 2601 of D.C. Law 15-39 provided that title XXVI of the act may be cited as the Substance Abuse Treatment for Youth Amendment Act of 2003. Short title of subtitle E of title V of Law 15-205: Section 5501 of D.C. Law 15-205 provided that subtitle E of title V of the act may be cited as the Substance Abuse Treatment for Youth Amendment Act of 2004.
 73102. One-year report. The Addiction Prevention and Recovery Administration shall submit a performance report on the program to the Council no later than 30 days after the program has been in operation for one year. The report shall include documentation of the number of youths served, the rate of recidivism of youths served, the average cost of services per youth served, and how the programs success rate compares to that of similar programs in other jurisdictions.  (Oct. 3, 2001, D.C. Law 14-28,  4213, 48 DCR 6981.)  Emergency Legislation For temporary (90 day) addition of section, see  3813 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
 73103. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Oct. 3, 2001, D.C. Law 14-28,  4214, 48 DCR 6981.)  Emergency Legislation For temporary (90 day) addition of section, see  3814 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
 73201. Definitions. For the purposes of this chapter, the term: (1) "DBH" means the Department of Behavioral Health. (2) "DHCF" means the Department of Health Care Finance. (3) "DISB" means the Department of Insurance, Securities, and Banking. (4) "DOC" means the Department of Corrections. (5) "DOH" means the Department of Health. (6) "Health care provider" means a physician, advance practice registered nurse, clinic, hospital, DBH-certified provider organizations, or neighborhood health center, licensed by the District. (7) "Health insurer" means any person that provides one or more health benefit plans or insurance in the District, including an insurer, a hospital and medical services corporation, a fraternal benefit society, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to the authority of the Commissioner of DISB. (8) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care. (9) "In-network health care provider" means the health care providers or health care facilities that have contracted with a health insurer to provide services to plan members for negotiated rates. (9A) Not Funded. (9B) Not Funded. (9C) Not Funded. (10) "Opioid use disorder" means a pattern of opioid use leading to clinically significant impairment or distress, as manifested by symptoms identified in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. (11) "Opioid use disorder treatment medication" means all medications approved by the United States Food and Drug Administration for the treatment of opioid use disorders. (12) "Prescriber" means a person who is licensed, registered, or otherwise authorized by the District to prescribe and administer prescription drugs in the course of a professional practice. (13) "Telehealth" means the delivery of healthcare services through interactive audio, video, or other electronic media used for the purpose of diagnosis, consultation, or treatment; provided, that services delivered through audio-only telephones, electronic mail messages, or facsimile transmissions are not included.  (Apr. 11, 2019, D.C. Law 22-288,  101, 66 DCR 1656; Mar. 16, 2021, D.C. Law 23-182,  3(a), 68 DCR 00008.)  Applicability Applicability of D.C. Law 23-182:  6 of D.C. Law 23-182 provided that the change made to this section by  3(a) of D.C. Law 23-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 73202. Expanding access to opioid use disorder treatment. (a)(1) By January 1, 2020, each health insurer shall: (A) Create a list of its in-network health care providers that treat opioid use disorder, including the in-network health provider's contact information and an indication of whether the in-network health care provider has been certified by the United States Drug Enforcement Agency to prescribe opioid use disorder treatment medication; and (B) Maintain at least one in-network health care provider who is accepting new patients and is authorized to treat opioid use disorder, including through the use of opioid use disorder treatment medication. Services delivered through telehealth may satisfy the requirement of this subparagraph. (2) Each health insurer shall update the list required by paragraph (1)(A) of this subsection on a quarterly basis. (3)(A) Upon the request of a beneficiary or prospective beneficiary of a health insurer, the health insurer shall transmit the list created and updated pursuant to paragraph (1) of this subsection to that beneficiary or prospective beneficiary by mail or by electronic means within 7 days after the receipt of the request. (B) Each health insurer shall publish the list and instructions on how to access the list created and updated pursuant to paragraphs (1) and (2) of this subsection on its website. (b) By January 1, 2020, and annually thereafter: (1) Each health insurer shall submit a report to DBH, DHCF, DISB, and the Council that includes the following: (A) A list of the health insurer's in-network health care providers that are certified by the United States Drug Enforcement Agency to prescribe opioid use disorder treatment medications, and which type of opioid use disorder treatment medications the health care providers prescribe; (B) The number of beneficiaries that were treated for opioid use disorder in the prior fiscal year; and (C) A description of any efforts by the health insurer in the prior fiscal year to ensure that its in-network capacity to treat opioid use disorder meets the needs of its beneficiaries. (2) The Mayor shall submit a report to the Council that includes: (A) An analysis of programs in other jurisdictions that have sought to expand access to opioid use disorder treatment medications; (B) An evaluation of District health care providers' treatment capacity for opioid use disorders in the District, including opportunities for expanding and improving offerings; (C) An identification of any barriers to expanding access to additional opioid use disorder treatment medications; (D) An assessment of the financial costs associated with different methods of treating opioid use disorder; (E) An assessment of the current reimbursement rates for health care providers for opioid use disorder treatment; and (F) An identification and analysis of any gaps in opioid use disorder treatment options in the District.  (Apr. 11, 2019, D.C. Law 22-288,  102, 66 DCR 1656.)  Applicability  Applicability of D.C. Law 22-288:  7168 of D.C. Law 23-16 repealed  501 of D.C. Law 22-288. Therefore the creation of subsection (b)(2) of this section by D.C. Law 22-288 has been implemented.  Applicability of D.C. Law 22-288:  501 of D.C. Law 22-288 provided that the creation of subsection (b)(2) this section by  102 of D.C. Law 22-288 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 73203. Hospital protocols for opioid use disorder. (a) By October 1, 2019, and annually thereafter, each hospital shall develop protocols governing the identification, treatment, discharge, and referral of patients with opioid use disorder, and submit the protocols to DOH. (b) By June 1, 2020, and annually thereafter, DOH shall submit an analysis of the sufficiency of each hospital's protocols to the chairperson of the Council committee with jurisdiction over matters related to health.  (Apr. 11, 2019, D.C. Law 22-288,  103, 66 DCR 1656.)  Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 73204.01. District government use of opioid antagonists. [Not Funded] Not Funded.  (Apr. 11, 2019, D.C. Law 22-288,  104a; as added Mar. 16, 2021, D.C. Law 23-182,  3(b), 68 DCR 00008.)  Applicability Applicability of D.C. Law 23-182:  6 of D.C. Law 23-182 provided that the creation of this section by  3(b) of D.C. Law 23-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 73204. DOC treatment of inmates with opioid use disorder. (a) An individual charged with treating DOC inmates for opioid use disorder shall be certified in the treatment of opioid use disorder by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Director of DOH determines is appropriate. The requirements for certification in the treatment of opioid use disorder may be completed in a classroom setting or through online instruction. (b) DOC, in consultation with DOH, shall ensure that all opioid use disorder treatment medications are administered to inmates: (1) In the manner in which the medication was prescribed; and (2) For the entirety of the time an inmate is in DOC's custody, unless an individual charged with treating DOC inmates for opioid use disorder determines otherwise, in their clinical judgment, based on the specific inmate's treatment plan, or if an inmate is awaiting designation to Federal Bureau of Prisons custody.  (Apr. 11, 2019, D.C. Law 22-288,  104, 66 DCR 1656.)  Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 73205. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.  (Apr. 11, 2019, D.C. Law 22-288,  105, 66 DCR 1656.)  Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7401. Limitation on liability for medical care or assistance in emergency situations. (a) Any person who in good faith renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency in the District of Columbia outside of a hospital, without the expectation of receiving or intending to seek compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of rendering such care or assistance. (b) In the case of a person who renders emergency medical care or assistance in circumstances described in subsection (a) of this section and who is not licensed or certified by the District of Columbia or by any state to provide medical care or assistance, the limited immunity provided in subsection (a) of this section shall apply to such persons; provided, that the person shall relinquish the direction of the care of the injured person when an appropriate person licensed or certified by the District of Columbia or by any state to provide medical care or assistance assumes responsibility for the care of the injured person. (c) A certified emergency medical technician/paramedic or emergency medical technician/intermediate paramedic who, in good faith and pursuant to instructions either directly or via telecommunication from a licensed physician, renders advanced emergency medical care or assistance to an injured person at the scene of an accident or other emergency or in transit from the scene of an accident or emergency to a hospital shall not be liable in civil damages for any act or omission not constituting gross negligence in the course of rendering such advanced emergency medical care or assistance. (d) A licensed physician who in good faith gives emergency medical instructions either directly or via telecommunication to a certified emergency medical technician/paramedic or emergency medical technician/intermediate paramedic for the purpose of providing advanced emergency medical care to an injured person at the scene of an accident or other emergency or in transit from the scene of an accident or emergency to a hospital shall not be liable in civil damages for any act or omission not constituting gross negligence in the course of giving such emergency medical instructions. (d-1) If the Mayor of the District of Columbia declares a state of emergency pursuant to  7-2304, any act or omission of an emergency medical technician/paramedic (Paramedic), an emergency medical technician/intermediate paramedic (EMT/I), or an emergency medical technician (EMT), performed while providing advanced or basic life support to a patient or trauma victim shall not impose liability upon the Paramedic, EMT/I, or EMT, or any employer of the Paramedic, EMT/I, or EMT; provided, that the care is provided in good faith and does not constitute gross negligence. (e) For the purposes of this section, the terms emergency medical technician/paramedic, and emergency medical technician/intermediate paramedic, and emergency medical technician mean a person who has been trained in advanced emergency medical care, employed in that capacity, and certified by the appropriate governmental certifying authority in the District of Columbia or in any state to: (1) Carry out all phases of basic life support; (2) Administer drugs under the written or oral authorization, including via telecommunication, of a licensed physician; (3) Administer intravenous solutions under the written or oral authorization, including via telecommunication, of a licensed physician; and (4) Carry out, either directly or via telecommunication instructions from a licensed physician, certain other phases of advanced life support as authorized by the appropriate governmental certifying authority.  (Nov. 8, 1965, 79 Stat. 1302, Pub. L. 89-341,  1; Sept. 28, 1977, D.C. Law 2-25,  2, 24 DCR 3718; Aug. 1, 1981, D.C. Law 4-25,  3, 28 DCR 2622; Oct. 17, 2002, D.C. Law 14-194,  402, 49 DCR 5306.)  Prior Codifications 1981 Ed.,  2-1344. 1973 Ed.,  2-142. Effect of Amendments D.C. Law 14-194 added subsec. (d-1); and in subsec. (e), substituted  emergency medical technician/paramedic, emergency medical technician/intermediate paramedic, and emergency medical technician  for  emergency medical technician/paramedic and emergency medical technician/intermediate paramedic . Cross References Distribution of controlled substances, see  48-903.01 et seq.
 7402. Health care professional volunteer assistance protection. (a) A licensed physician, registered nurse, certified midwife, or advanced practice registered nurse certified or practicing in the specialty of obstetrics or gynecology who in good faith provides health care or treatment at or on behalf of a free health clinic operating lawfully in the District of Columbia without the expectation of receiving or intending to receive compensation shall not be liable in civil damages for any act or omission in the course of rendering the health care or treatment, unless the act or omission is an intentional wrong or manifests a willful or wanton disregard for the health or safety of others. (b) A licensed physician, registered nurse, certified midwife, or advanced practice registered nurse providing medical care or assistance in obstetrics or gynecology in accordance with subsection (a) of this section shall provide and shall require his or her prospective client to sign a written statement witnessed by 2 persons in which the parties agree to the rendering of the health care or treatment. (c) The immunity provided in subsection (a) of this section shall apply to any claim, arising out of health care or treatment given under subsection (a) of this section against: (1) District of Columbia public health clinic; and (2) a free clinic, and the District of Columbia as an indemnifier of such a free clinic, which meets the eligibility requirements of  1-307.21(2).  (Nov. 8, 1965, Pub. L. 89-341,  2; as added Aug. 17, 1991, D.C. Law 9-41,  3, 38 DCR 4979; Feb. 5, 1994, D.C. Law 10-68,  9, 40 DCR 6311; May 16, 1995, D.C. Law 10-255,  6, 41 DCR 5193; Dec. 29, 2021, D.C. Law 24-46,  3(b), 68 DCR 011642.)  Prior Codifications 1981 Ed.,  2-1345. Cross References Free clinic assistance program, see  1-307.22.
 7403. Seeking health care for an overdose victim. (a) Notwithstanding any other law, the offenses listed in subsection (b) of this section shall not be considered crimes and shall not serve as the sole basis for revoking or modifying a persons supervision status: (1) For a person who: (A) Reasonably believes that he or she is experiencing a drug or alcohol-related overdose and in good faith seeks health care for or administers an opioid antagonist to himself or herself; (B) Reasonably believes that another person is experiencing a drug or alcohol-related overdose and in good faith seeks healthcare for or administers an opioid antagonist to that person; (C) Is reasonably believed to be experiencing a drug or alcohol- related overdose and for whom health care is sought or to whom an opioid antagonist is administered; or (D) Is a bystander to a situation described in subparagraph (A), (B), or (C) of this paragraph; and (2) The offense listed in subsection (b) of this section arises from the same circumstances as the seeking of health care under paragraph (1) of this subsection. (b) The following offenses apply to subsection (a) of this section: (1) Unlawful possession of a controlled substance prohibited by  48-904.01(d); (2) Unlawful use or possession with intent to use drug paraphernalia as prohibited by  48-1103(a); (3) Repealed. (4) Possession of alcohol by persons under 21 years of age as prohibited by  25-1002; and (5) Provided that the minor is at least 16 years of age and the provider is 25 years of age or younger: (A) Purchasing an alcoholic beverage for the purpose of delivering it to a person under 21 years of age as prohibited by  25-785(a); (B) Contributing to the delinquency of a minor with regard to possessing or consuming alcohol or, without a prescription, a controlled substance as prohibited by  22-811(a)(2) and subject to the penalties provided in  22-811(b)(1); and (C) The sale or delivery of an alcoholic beverage to a person under 21 years of age as prohibited by  25-781(a)(1). (c) The seeking of health care or administration of an opioid antagonist under subsection (a) of this section, whether or not presented by the parties, may be considered by the court as a mitigating factor in any criminal prosecution or sentencing for an offense that is not listed in subsection (b) of this section. (d) This section does not prohibit a person from being arrested, charged, or prosecuted, or from having his or her supervision status modified or revoked, based on an offense other than an offense listed in subsection (b) of this section, whether or not the offense arises from the same circumstances as the seeking of health care. (e) A law enforcement officer who arrests an individual for an offense listed in subsection (b) of this section shall not be subject to criminal prosecution, or civil liability for false arrest or false imprisonment, if the officer made the arrest based on probable cause. (f) Notwithstanding any other law, it shall not be considered a crime for a person to possess or administer an opioid antagonist, nor shall such person be subject to civil liability in the absence of gross negligence, if he or she administers the opioid antagonist: (1) In good faith to treat a person who he or she reasonably believes is experiencing an overdose; (2) Outside of a hospital or medical office; and (3) Without the expectation of receiving or intending to seek compensation for such service and acts. (g) The Mayor shall compile and review overdose data to identify changes in the causes and rates of fatal and non-fatal overdoses in the District of Columbia and report the findings to the Council annually. The report may be part of existing mortality reports issued by the Office of the Chief Medical Examiner, and shall include enhanced data collection to measure the effect of this section. The report may include data on the following: (1) Overdose deaths, including data separated by age, gender, ethnicity, and geographic location; (2) Utilization of emergency rooms for the treatment of overdose; (3) Utilization of pre-hospital services for the treatment of overdose; (4) Utilization of opioid antagonists for preventing opioid overdose deaths; (5) Utilization of 911 and other emergency service hotlines to seek and obtain health care for an individual experiencing an overdose; and (6) Police arrests made in response to seeking health care for a person experiencing an overdose. (h) The Department of Health shall educate the public on: (1) The risk and frequency of overdose deaths; (2) The prevention of overdoses and overdose deaths; (3) The importance of seeking health care for individuals who are experiencing an overdose; and (4) The provisions of this section, with a special emphasis on the education of subpopulations that may be at greater risk of experiencing or witnessing an overdose. (i) For the purposes of this section, the term: (1) Good faith under subsection (a) of this section does not include the seeking of health care as a result of using drugs or alcohol in connection with the execution of an arrest warrant or search warrant or a lawful arrest or search. (2) Opioid antagonist means a drug, such as Naloxone, that binds to the opioid receptors with higher affinity than agonists but does not activate the receptors, effectively blocking the receptor, preventing the human body from making use of opiates and endorphins. (3) Overdose means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death, which is or reasonably appears to be the result of consumption or use of drugs or alcohol and relates to an adverse reaction to or the quantity ingested of the drugs or alcohol, or to a substance with which the drugs or alcohol was combined. (4) Supervision status means probation or release pending trial, sentencing, appeal, or completion of sentence, for a violation of District law.  (Nov. 8, 1965, 79 Stat. 1302, Pub. L. 89-341,  3; as added Mar. 19, 2013, D.C. Law 19-243,  2, 59 DCR 14938; Mar. 16, 2021, D.C. Law 23-182,  2, 68 DCR 00008.)  Effect of Amendments The 2013 amendment by D.C. Law 19-243 added this section.
 7404. Prescribing authority of opioid antagonist for overdose victim and 3rd parties. (a) For the purposes of this section, the term: (1) "Community-based organization" means an organization that provides services, including medical care, counseling, homeless services, or drug treatment, to individuals and communities impacted by drug use. The term "community-based organization" includes all organizations currently participating in the Needle Exchange Program with the Department of Human Services under  48-1103.01. (2) "Health care professional" means a physician or pharmacist licensed under Chapter 12 of Title 3 practicing within the scope of practice for his or her profession.  (3) "Opioid antagonist" shall have the same meaning as provided in  7-403(i)(2). (4) "Overdose" shall have the same meaning as provided in  7-403(i)(3). (5) "Standing order" means a prescriptive order written by a health care professional that is not specific to and does not identify a particular patient. (b) Except as provided in subsection (d) of this section, a health care professional acting in good faith may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons: (1) A person at risk of experiencing an opioid-related overdose; (2) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose; or (3) An employee or volunteer of a community-based organization. (b-1) An opioid antagonist issued in accordance with subsection (b) of this section shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice. (c) Except as provided in subsection (d) of this section, an employee or volunteer of a community-based organization acting in good faith and in accordance with a standing order or under a health care professional's prescriptive authority may dispense and distribute an opioid antagonist to the following persons: (1) A person at risk of experiencing an opioid-related overdose; or (2) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. (d)(1)(A) A pharmacist may dispense or distribute, but not prescribe, an opioid antagonist pursuant to a written protocol and standing order. (B) An employee or volunteer of a community-based organization shall not dispense or distribute an opioid antagonist under this section unless he or she completes training conducted by the Department of Health. (2) The frequency of the training required by this subsection shall be determined by the Department of Health through rulemaking. (3) The training required by this subsection shall include: (A) How to screen a patient for being at risk of an opioid-related overdose; (B) How opioid antagonists operate to stop an opioid-related overdose; (C) When the administration of an opioid antagonist is medically indicated; (D) How to properly administer an opioid antagonist and circumstances under which administration of an opioid antagonist is contraindicated; and (E) Precautions, warnings, and potential adverse reactions related to the administration of an opioid antagonist. (e) Upon prescribing, dispensing, or distributing an opioid antagonist, the health care professional or employee or volunteer of a community-based organization shall provide education and training to the recipient of an opioid antagonist. The education and training shall include: (1) How to identify an opioid-related overdose; (2) How to properly administer the prescribed opioid antagonist and circumstances under which administration is contraindicated; (3) Precautions, warnings, and potential adverse reactions related to administration of the prescribed opioid antagonist; (4) How opioid antagonists operate to stop an opioid-related overdose; (5) The importance of seeking medical care for the person experiencing the opioid-related overdose immediately after the opioid antagonist is administered; and (6) Information on how to access substance abuse treatment services. (f)(1) A health care professional or an employee or volunteer of a community-based organization who prescribes, dispenses, or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use of the opioid antagonist, unless the health care professional's actions or the actions of the employee or volunteer of a community-based organization with regard to prescribing, dispensing, or distributing the opioid antagonist constitute recklessness, gross negligence, or intentional misconduct. (2) The immunity granted pursuant to paragraph (1) of this subsection shall apply whether or not the opioid antagonist is administered by or to the person for whom it was prescribed, dispensed, or distributed. (f-1)(A) Nothing in this section shall be construed to require a health care professional to prescribe, dispense, or distribute an opioid antagonist to a person at risk of experiencing an opioid related overdose or a family member, or friend, or other person in a position to assist a person at risk of experiencing an opioid related overdose, or an employee or volunteer of a community based organization. (B) A health care professional that does not prescribe, dispense, or distribute an opioid antagonist based upon his or her professional judgment shall be immune from civil or criminal liability, unless the health care professional's decision not to prescribe, dispense, or distribute an opioid antagonist constitutes recklessness, gross negligence, or intentional misconduct. (f-2) Nothing in this section shall be construed to expand the scope of practice of a health care professional. (g) Within 180 days after April 11, 2019, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.   (Nov. 8, 1965, 79 Stat. 1302, Pub. L. 89-341,  4; as added Feb. 18, 2017, D.C. Law 21-186,  2, 63 DCR 14361; Apr. 11, 2019, D.C. Law 22-288,  301, 66 DCR 1656.)  Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see  7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7431. Definitions. For the purposes of this chapter, the term: (1) "Bather" means any person using a swimming pool or spa pool and adjoining deck area for the purpose of water sports, recreation therapy, or related activities. (2) "Class C, semi-public swimming pool" or "swimming pool" means any swimming pool operated solely for and in conjunction with lodgings such as hotels, motels, cooperatives, apartments, and condominiums. (3) "Diving board" means a recreational mechanism for entering a swimming pool, consisting of a semi-rigid board that derives its elasticity through the use of a fulcrum mounted below the board. (4) "Lifeguard" means a person responsible for the safety of the users of a swimming pool or spa pool who possesses a current: (A) American Red Cross, Young Men's Christian Association, or other lifeguard certification; (B) First aid certificate; and (C) Cardiopulmonary resuscitation certificate, issued by a nationally recognized aquatic training organizations, such as the International Lifeguard Training Program, that is adopted and recognized by the Department of Health. (5) "Sauna" means an aquatic feature including the application of water vapor from hot water facilities such as Jacuzzis, hot tubs, and steam baths. (6) "Spa pool" means a structure intended for either warm or cold water where prolonged exposure is not intended. Spa structures are intended to be used for bathing or other recreational uses and are not usually drained and refilled after each use and may include hydrotherapy, air induction bubbles, and recirculation.  (July 17, 2018, D.C. Law 22-147,  2, 65 DCR 5988.)  Emergency Legislation  For temporary (90 days) creation of this section, see  2 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374).  Temporary Legislation  For temporary (225 days) creation of this section, see  2 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771). 
 7432. Lifeguards. (a) Except as provided in subsection (b) of this section, a lifeguard shall not be required for a Class C, semi-public swimming pool that is: (1) Open for use only to persons who hold membership or other paid association in the facility where the swimming pool is located; (2) Open for use only to persons who are permanent or temporary residents or guests of residents at the facility where the swimming pool is located; (3) Open for use to persons who are lodging for a fee at the facility where the swimming pool is located; or (4) A spa pool or sauna. (b) A lifeguard shall be required for a Class C, semi-public swimming pool that has: (1) A diving board; (2) A depth greater than 5 feet; provided, that the swimming pool is constructed after June 30, 2018; or (3) An expected bather population that is 50 % or more children under 15 years of age.  (July 17, 2018, D.C. Law 22-147,  3, 65 DCR 5988.)  Emergency Legislation  For temporary (90 days) creation of this section, see  3 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374).  Temporary Legislation  For temporary (225 days) creation of this section, see  3 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771). 
 7433. Facilities. An operator of a Class C, semi-public swimming pool shall not be required to provide shower facilities, toilet facilities, eye wash stations, and dressing rooms for swimming pool users where: (1) Use of the swimming pool is restricted to residents and guests; and (2) The farthest dwelling unit in the hotel, motel, cooperative, condominium, or apartment building is less than 300 feet from the swimming pool area, as measured along walkways provided for access by residents and guests to the swimming pool area.  (July 17, 2018, D.C. Law 22-147,  4, 65 DCR 5988.)  Emergency Legislation  For temporary (90 days) creation of this section, see  4 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374).  Temporary Legislation  For temporary (225 days) creation of this section, see  4 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771). 
 7434. Operations. A cooperative, condominium, or apartment building operating a Class C, semi-public swimming pool shall not be required to: (1) Provide a swimming pool operator, pursuant to section 300.1 of Title 25-C of the District of Columbia Municipal Regulations (25-C DCMR  300.1); (2) Provide the information required pursuant to section 412 of Title 25-C of the District of Columbia Municipal Regulations (25-C DCMR  412 et seq.); (3) Provide new construction of, or alterations to, a swimming pool beyond those required by section 303 of Title III of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 327; 42 U.S.C.  12183), and 28 C.F.R Part 36, Subpart D; (4) Provide a fence around a rooftop swimming pool; (5) Provide a safety line, pursuant to section 505.4 of Title 25-C of the District of Columbia Municipal Regulations (25-C DCMR  505.4); or (6) Obtain a facility license, pursuant to section 700.1 of Title 25-C of the District of Columbia Municipal Regulations (25-C DCMR  700.1).  (July 17, 2018, D.C. Law 22-147,  5, 65 DCR 5988.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374).  Temporary Legislation  For temporary (225 days) creation of this section, see  5 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771). 
 7521. Department of Aging and Community Living reporting requirements. The Mayor shall submit biannual reports to the Council, no later than 30 days after the end of the 2nd and 4th quarters of each fiscal year, beginning October 1, 2017, on programs and operations within the Department of Aging and Community Living. Each report shall include the following information: (1) The number of persons served through the Aging and Disability Resource Center, including the ages of those persons served and the types of services received; (2) The number of new applications for sub-grants; (3) A listing of current contracts and sub-grants by category; (4) A comprehensive listing of senior wellness centers (by center), including the number of seniors who utilize each location per quarter; (5) A complete listing of transportation services and the number of seniors who utilize transportation services, including the number of transports that originate from each ward; (6) The number of seniors in each ward who utilize home meal delivery services; (7) The locations of congregate meal services and the number of persons who utilize such services by ward; and (8) The total funds expended for each program area of operations included in the report.  (Oct. 22, 2015, D.C. Law 21-36,  1042, 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33,  7072(a), 64 DCR 7652; Mar. 29, 2019, D.C. Law 22-276,  3(e), 66 DCR 1721.)  Prior Codifications  2001 Ed.,  7-561.  Emergency Legislation  For temporary (90 days) amendment of this section, see  7072(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  7072(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7501.01. Purpose. It is the intent of the Council of the District of Columbia that the District government shall insure a full range of health, education, employment, and social services shall be available to the aged in the District of Columbia, and the planning and operation of such programs will be undertaken as a partnership of older citizens, families, community leaders, private agencies, and the District of Columbia government.  (Oct. 29, 1975, D.C. Law 1-24, title I,  101, 22 DCR 2456.)  Prior Codifications 1981 Ed.,  6-2201. 1973 Ed.,  6-1701. Editor's Notes Advisory Committee on Aging abolished: The District of Columbia Advisory Committee on Aging was abolished by  411 of D.C. Law 1-24.
 7502.01. Definitions. For the purposes of this subchapter, the term: (1) "Aged" means a person 60 years of age or older. (2) "Commission" means the Commission on the Aging created by  7-504.01. (3) "Department" means the Department of Aging and Community Living created by  7-503.01. (4) "Director" means the Director of the Department of Aging and Community Living.". (5) "Services to the aged" means those services designed to provide assistance to the aged, including nutritional programs, transportation and legal services, health and financial assistance, employment and housing programs, recreational opportunities, and information, referral, and counseling services.  (Oct. 29, 1975, D.C. Law 1-24, title II,  201, 22 DCR 2456; Mar. 29, 2019, D.C. Law 22-276,  2(a), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2202. 1973 Ed.,  6-1702.
 7503.01. Establishment of the Department of Aging and Community Living. (a) There is established a Department of Aging and Community Development. All the functions of the Office on Aging are hereby transferred to the Department. The Department shall provide within the District government a single administrative unit, responsible to the Mayor, to administer the provisions of the Older Americans Act (P.L. 89-73, as amended), and such other programs as shall be delegated to it by the Mayor or the Council of the District of Columbia, and to promote the welfare of the aged. (b) The mission of the District of Columbia Department of Aging and Community Living is the following: (1) To advocate, plan, implement, and monitor programs in health, education, and social services for the elderly; (2) To promote longevity, independence, dignity, and choice for aged District residents, District residents with disabilities regardless of age, and caregivers; (3) To ensure the rights of older adults and their families, and prevent their abuse, neglect, and exploitation; (4) To uphold the core values of service excellence, respect, compassion, integrity, and accountability; and (5) To lead efforts to strengthen service delivery and capacity by engaging community stakeholders and partners to leverage resources.  (Oct. 29, 1975, D.C. Law 1-24, title III,  301, 22 DCR 2457; Oct. 17, 1981, D.C. Law 4-42,  9(b)(1), 28 DCR 3425; Mar. 29, 2019, D.C. Law 22-276,  2(c), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2211. 1973 Ed.,  6-1711. Section References This section is referenced in  1-603.01,  7-502.01,  7-503.06, and  7-701.01. Emergency Legislation For temporary (90 days) requirement that the Mayor submit quarterly reports to the Council on programs and operations within the Office on Aging, see  6062 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). References in Text The Older Americans Act is codified at 42 U.S.C.  3001 et seq. Editor's Notes Section 1042 of D.C. Law D.C. Law 21-36 provided that, in Fiscal Year 2016, beginning October 1, 2015, the Mayor shall submit quarterly reports to the Council on programs and operations within the Office on Aging, and detailed the contents required in each report.
 7503.02. Director. (a) The Department shall be headed by a Director ("Director"), who shall be appointed by the Mayor with the advice and consent of the Council, from a list of not more than 3 names submitted to the Mayor by the Commission. (b) The Director shall be devoted full time to the duties of the office. (c) The Director shall be in the Executive Service. (d) The Director shall have such staff as is approved in the current District government budget and federal grants, plus any temporary staff .  (Oct. 29, 1975, D.C. Law 1-24, title III,  302, 22 DCR 2457; Mar. 3, 1979, D.C. Law 2-139,  3205(t), 25 DCR 5740; Mar. 29, 2019, D.C. Law 22-276,  2(d), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2212. 1973 Ed.,  6-1712. Section References This section is referenced in  1-636.02 and  7-701.01. Cross References Effective date provisions, see  1-636.02. References in Text GS-15, Step 1, referred to in the second sentence, is contained in the General Schedule, which is set out following  5332 of Title 5, United States Code. Delegation of Authority Delegation of authority under D.C. Law 7-218, the District of Columbia Long-Term Care Ombudsman Program Act of 1988, see Mayors Order 89-86, April 28, 1989.
 7503.03. Executive Director  Duties. In order to carry out the purposes of this subchapter, the Director shall: (1) Serve as an advocate for the aged in the District of Columbia; (2) Contract with, and make grants to, public and private agencies using Older Americans Act funds, other federal funds received by the Department, and District government appropriated funds; (3) Provide information and technical assistance with respect to programs and services for the aged to the Mayor, the Commission on Aging, the Council of the District of Columbia, other District government agencies and departments, and the community, including, when necessary, contracting for consultant assistance outside the District government; (3A) Provide information, through the Office of the Chief Technology Officer, to District of Columbia residents on prescription drug savings available under and eligibility for the AccessRx program established by subchapter I of Chapter 8A of Title 48 [ 48-831.01 et seq.]; (4) Consider the advice and recommendations of the Commission in carrying out his responsibilities under this subchapter; (5) File an annual report on the operation of the Department and an analysis of the needs of the aged with the Mayor and the Council of the District of Columbia, and make it available to the public; (6) Publish a directory of services available to the aged through the District government and including, to the maximum extent possible, sources of nonpublic assistance and programs for the aged in the District of Columbia that directory shall be revised at least every 2 years; (7) Identify areas of need for service or improvement of service and bring them to the attention of the Mayor and Commission, with suggestions for meeting such needs, including conducting or funding research and demonstration projects to test such suggestions; (8) Carry responsibility for assuring necessary control, evaluation, audit, and reporting on programs funded through the Department; (9) Prepare in timely fashion the state plan required under the Older Americans Act and forward it to the Commission for comment and Mayor for approval; (10) Develop, with the advice of the Commission, a 5-year plan of policies, programs, services and activities to benefit aged residents of the District of Columbia. Such plan shall be reviewed and updated annually; (11) Review and comment on proposed District and federal legislation, regulations, policies, and programs and make policy recommendations on issues affecting the health, safety, and welfare of the aged.  (Oct. 29, 1975, D.C. Law 1-24, title III,  303, 22 DCR 2457; Sept. 14, 1976, D.C. Law 1-83,  2, 23 DCR 2462; Dec. 7, 2004, D.C. Law 15-205,  5602, 51 DCR 8441; Mar. 2, 2007, D.C. Law 16-191,  31, 53 DCR 6794; Mar. 29, 2019, D.C. Law 22-276,  2(e), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2213. 1973 Ed.,  6-1713. Section References This section is referenced in  7-504.09. Effect of Amendments D.C. Law 15-205 added par. (3A). D.C. Law 16-191, in par. (3), substituted community, including, for community. This shall include,; and, in par. (6), substituted Columbia that for Columbia. The. Emergency Legislation For temporary (90 day) amendment of section, see  5602 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see  5602 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). Short Title Short title of subtitle F of title V of Law 15-205: Section 5601 of D.C. Law 15-205 provided that subtitle F of title V of the act may be cited as the Office on Aging AccessRx Prescription Drug Assistance Amendment Act of 2004. References in Text The Older Americans Act, referred to in paragraphs (2) and (9), is codified at 42 U.S.C.  3001 et seq.
 7503.04. Impact statements. All heads of departments and agencies of the District government are required at least 30 days prior to implementation of any proposed policies or programs that will have a major impact on the aged to submit such proposals to the Director for comment. If the impact of the proposal is determined by the Director to be adverse, he shall file a statement of this finding with the Mayor, the Commission, and the Council of the District of Columbia, as well as the originating department or agency.  (Oct. 29, 1975, D.C. Law 1-24, title III,  304, 22 DCR 2459.)  Prior Codifications 1981 Ed.,  6-2214. 1973 Ed.,  6-1714.
 7503.05. Standards for grant and contract awards. After consultation with the Commission on Aging established by  7-504.01 the Director shall develop and publish the standards that the Department will use in making decisions on the award of grants and contracts.  (Oct. 29, 1975, D.C. Law 1-24, title III,  305, 22 DCR 2459; Mar. 29, 2019, D.C. Law 22-276,  2(f), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2215. 1973 Ed.,  6-1715.
 7503.06. Transfer of funds and positions from Division of Services to the Aging. The Division of Services to the Aging presently located within the Department of Human Resources, and all positions and unexpended funds presently allocated to this Division are hereby transferred to the Department created under  7-503.01.  (Oct. 29, 1975, D.C. Law 1-24, title III,  306, 22 DCR 2459; Mar. 29, 2019, D.C. Law 22-276,  2(g), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2216. 1973 Ed.,  6-1716.
 7503.07. Senior Strategic Plan. [Repealed] Repealed.  (Oct. 29, 1975, D.C. Law 1-24, title III,  307; as added Mar. 28, 2019, D.C. Law 22-267,  2, 66 DCR 1428; Sept. 11, 2019, D.C. Law 23-16,  5132, 66 DCR 8621; Sept. 21, 2022, D.C. Law 24-167,  7064, 69 DCR 009223.)  Applicability Section 7068 of D.C. Law 23-149 added section 3a to D.C. Law 22-267 providing that the creation of this section by D.C. Law 22-267 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore the creation of this section has not been implemented.  Emergency Legislation  For temporary (90 days) repeal of this section, see  7064 of D.C. Act 24-470.   For temporary (90 days) amendment of this section, see  5132 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  5132 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7503.08. Transfer of functions and duties from the Department of Human Services. All positions, personnel, property, records, equipment, and unexpended balances available or to be made available of appropriations, allocations, and other funds of the Department of Human Services dedicated to the implementation of Chapter 19 of this title are hereby transferred to the Department of Aging and Community Living.  (Oct. 29, 1975, D.C. Law 1-24, title III,  308; as added Sept. 11, 2019, D.C. Law 23-16,  5033, 66 DCR 8621.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5033 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) creation of this section, see  5033 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7503.09. LGBTQ seniors and seniors with HIV. (a) For the purposes of administering the provisions of the Older Americans Act of 1965, approved July 14, 1965 (Pub. L. No. 89-73; 79 Stat. 218), the Department shall interpret the term "greatest social need," as defined in section 102(24) of the Older Americans Act of 1965, approved September 30, 1992 (106 Stat. 1199; 42 U.S.C.  3002(24)), to include LGBTQ seniors and seniors with HIV. (b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate rules to carry out the purposes of this section. The rules shall be promulgated within 210 days of December 23, 2020. (c) For purposes of this section, the term: (1) "HIV" means the human immunodeficiency virus. (2) "LGBTQ" means an individual who identifies as lesbian, gay, bisexual, or transgender, is questioning or exploring their sexuality or sexual identity, or is concerned about applying a social label to themselves related to their sexuality or sexual identity, and who is a resident of the District of Columbia. (3) "Senior" means an individual who is 60 years of age or older.  (Oct. 29, 1975, D.C. Law 1-24, title III,  309; as added Dec. 23, 2020, D.C. Law 23-154,  2, 67 DCR 13244.) 
 7503.10. Wards 2 and 3 Senior Wellness Center Feasibility and Planning Task Force. (a) There is established a Senior Wellness Center Feasibility and Planning Task Force ("Task Force"), that shall evaluate and comment on the feasibility study and planning of a Wards 2 and 3 senior wellness center. The Task Force shall advise and guide the Mayor, the Council, and the Department on the development of a new wellness center to serve residents of Wards 2 and 3, and review programs and services to address senior needs in those communities. (b) The Task Force shall be composed of: (1) One member representing the Department on Aging, appointed by the Mayor; (2) One member representing the Department of Health, appointed by the Mayor; (3) One member representing the Department of Parks and Recreation, appointed by the Mayor; (4) Two current ANC members representing Ward 2, appointed by the Ward 2 Councilmember; (5) Two current ANC members representing Ward 3, appointed by the Ward 3 Councilmember; (6) One member of the community residing in Ward 2, appointed by the Ward 2 Councilmember; (7) One member of the community residing in Ward 3, appointed by the Ward 3 Councilmember; (8) Two members of the community residing in Ward 2, appointed by the Council committee with oversight over matters concerned with services to the senior community ("Committee"); and (9) Two members of the community residing in Ward 3, appointed by the Committee. (c) The Chairperson of the Committee shall appoint: (1) A Chairperson of the Task Force with design and planning experience, preferably an architect; (2) One member representing the University of the District of Columbia; (3) Two members representing Wards 2 and 3 Senior Villages; (4) One member who is a current participant of social services in Ward 2; and (5) One member who is a current participant of senior programming sponsored by the Department of Parks and Recreation; (d) The members of the Task Force shall serve without compensation and shall either reside or work within the District. (e) The members of the Task Force shall serve 2-year terms. (f) The Task Force shall, at a minimum: (1) Conduct bi-monthly meetings to evaluate and be engaged in the planning and stages of development of a wellness center to serve residents of Wards 2 and 3; (2) Provide quarterly reports to the Committee, Mayor, and Department on the progress, findings, and recommendations from the meetings; (3) By December 31, 2024, the Task Force shall prepare a plan that: (A) Describes the state of the needs for the Wards 2 and 3 senior population, including a description of the food insecure, homebound, and isolated individuals by neighborhoods and demographics, root causes of the issues, and specific identifiable risks for the senior population, as well as descriptions of any subcategories and the unique needs of such subcategories; (B) Provides the Task Force's recommendations on the necessary space and facilities within the wellness center; (C) Identifies the Task Force's findings and recommendations on programming to serve the Wards 2 and 3 communities; and (D) Provides non-binding advisory approval of the design and planning of the project.  (Oct. 29, 1975, D.C. Law 1-24, title III,  310; as added Sept. 21, 2022, D.C. Law 24-167,  5132, 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5132 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 7504.01. Establishment. There is hereby established a Commission on Aging to advise the Mayor, the Director of the Department of Aging and Community Living, the Council of the District of Columbia, and the public concerning the views and needs of the aged in the District of Columbia.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  401, 22 DCR 2460; Oct. 17, 1981, D.C. Law 4-42,  9(b)(2), 28 DCR 3425; Mar. 29, 2019, D.C. Law 22-276,  2(h), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2221. 1973 Ed.,  6-1721. Section References This section is referenced in  7-502.01 and  7-503.05.
 7504.02. Membership of Commission. The Commission shall consist of 15 public (voting) members appointed by the Mayor. At least one-half of the membership of the Commission shall consist of actual consumers of services under this program, including low income and minority older persons, at least in proportion to the number of minority older persons in the District of Columbia. There shall also be the following ex officio members: the Directors of the Department of Human Services, the Department of Housing and Community Development, the Department of Recreation, the Department of Transportation, the Department of Employment Services, the Public Library, the Chief of the Metropolitan Police Department (or the Director or Chief of such successor agencies), and a member of the Council of the District of Columbia.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  402, 22 DCR 2460; June 12, 1999, D.C. Law 12-285,  4(i), 46 DCR 1355.)  Prior Codifications 1981 Ed.,  6-2222. 1973 Ed.,  6-1722. Emergency Legislation For temporary amendment of section, see  4(i) of the Confirmation Emergency Amendment Act of 1999 (D.C. Act 13-25, March 15, 1999, 46 DCR 2971). For temporary (90-day) amendment of section, see  4(i) of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 4, 1999, 46 DCR 5330).
 7504.03. Qualifications. Members shall be appointed with due consideration for fair geographical distribution, representation from organizations of older persons, public and voluntary agencies concerned with the aged, and members of the general public who have given evidence of particular dedication to and understanding of the needs of the aged. At least 8 members shall be 60 years of age or over, and all must be residents of the District of Columbia.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  403, 22 DCR 2460.)  Prior Codifications 1981 Ed.,  6-2223. 1973 Ed.,  6-1723.
 7504.04. Term of office. Members of the Commission shall serve terms not to exceed 3 years, which shall regularly commence on October 29th in the year of appointment and expire on October 28th 3 years later. The terms shall be staggered so that 5 terms expire each year on October 28th. Members may be reappointed but may not serve more than 2 consecutive terms.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  404, 22 DCR 2461; Mar. 10, 1982, D.C. Law 4-73,  4(c), 28 DCR 5276.)  Prior Codifications 1981 Ed.,  6-2224. 1973 Ed.,  6-1724.
 7504.05. Appointments to vacancies. When a vacancy develops on the Commission, the Mayor may appoint a successor to fill the unexpired portion of a term.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  405, 22 DCR 2461; Sept. 29, 1988, D.C. Law 7-152,  2, 35 DCR 5704; Oct. 14, 1999, D.C. Law 13-49,  5, 46 DCR 5153.)  Prior Codifications 1981 Ed.,  6-2225. 1973 Ed.,  6-1725. Effect of Amendments D.C. Law 13-49 rewrote this section, which previously read: When a vacancy develops on the Commission, the Mayor with the advice and consent of the Council of the District of Columbia may appoint a successor to fill the unexpired portion of the term. A member may continue to serve beyond the expiration date of the members term until a successor is duly qualified. If within 30 calendar days of development of a vacancy on the Commission the Mayor fails to transmit to the Council of the District of Columbia a nomination for that vacancy, the Council of the District of Columbia may make the appointment. If within 60 calendar days of submission of a nomination for the Commission the Council of the District of Columbia fails to act, the nomination shall be deemed confirmed.
 7504.06. Rules of procedure. The Commission shall develop its own rules of procedure, except they shall provide that the Commission shall meet at least every other month.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  406, 22 DCR 2461.)  Prior Codifications 1981 Ed.,  6-2226. 1973 Ed.,  6-1726.
 7504.07. Chairperson. The Commission shall select its own Chairperson, by vote.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  407, 22 DCR 2461.)  Prior Codifications 1981 Ed.,  6-2227. 1973 Ed.,  6-1727.
 7504.08. Compensation; expenses. All members shall serve without compensation, but expenses incurred by the Commission as a whole, or by its individual members, when duly authorized, will become an obligation against appropriate District government and federal funds designated for that purpose.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  408, 22 DCR 2462.)  Prior Codifications 1981 Ed.,  6-2228. 1973 Ed.,  6-1728.
 7504.09. Staff; technical assistance. Necessary staff services shall be supplied in accordance with positions and funding approved in the current District government budget. In addition, the Director of the Department of Aging and Community Living shall provide information and technical assistance as required under  7-503.03.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  409, 22 DCR 2462; Mar. 29, 2019, D.C. Law 22-276,  2(i), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2229. 1973 Ed.,  6-1729.
 7504.10. Duties. The Commission on Aging shall: (1) Serve as an advocate for older persons in the District of Columbia; (2) Review and submit to the Mayor, the Council of the District of Columbia, and the Department of Aging and Community Living, an annual report including comments on the analysis of the needs of the aged in the District of Columbia made in the report of the Director; (3) Advise the Director on cooperation with federal, state, and private agencies concerned with activities pertaining to the aged; (4) Review and comment on the annual state plan required under the Older Americans Act. The statement of the Commission shall be transmitted to the Department of Health and Human Services with the plan; (5) Develop a list of not more than 3 persons the Commission recommends for the position of Director of the Department of Aging and Community Living, whenever that position is vacant, and submit that list to the Mayor; (6) Conduct or participate in public hearings and other forums to determine views of older persons and other members of the public on matters affecting the health, safety and welfare of the aged in the District of Columbia; (7) Bring to the attention of the Mayor and the Department of Aging and Community Living cases of neglect and abuse of the aged and incidents of bias against the aged in the administration of the laws of the District of Columbia; (8) Review and comment on the Directors review of proposed District and federal legislation, regulations, policies and programs, and comment on the Directors policy recommendations on issues affecting the health, safety, and welfare of the aged; (9) Provide a continuing review of the activities of the Department of Aging and Community Living and issue reports thereon at least annually.  (Oct. 29, 1975, D.C. Law 1-24, title IV,  410, 22 DCR 2462; Sept. 14, 1976, D.C. Law 1-83,  3, 23 DCR 2462; Mar. 29, 2019, D.C. Law 22-276,  2(j), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-2230. 1973 Ed.,  6-1730. References in Text The Older Americans Act, referred to in paragraph (4), is codified at 42 U.S.C.  3001 et seq.
 7533.01. Definitions. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-108,  2, 65 DCR 3806; Sept. 21, 2022, D.C. Law 24-167,  7062, 69 DCR 009223.)  Applicability  Applicability of D.C. Law 22-108:  7146 of D.C. Law 23-16 provided that starting in Fiscal Year 2021 this section shall be subject to appropriations. Therefore the creation of this section by D.C. Law 22-108 has been implemented.  Applicability of D.C. Law 22-108:  6 of D.C. Law 22-108 provided that the creation of this section by  2 of D.C. Law 22-108 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  7062 of D.C. Act 24-470.   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7533.02. Senior Dental Services Program. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-108,  3, 65 DCR 3806; Sept. 21, 2022, D.C. Law 24-167,  7062, 69 DCR 009223.)  Applicability  Applicability of D.C. Law 22-108:  7146 of D.C. Law 23-16 provided that starting in Fiscal Year 2021 this section shall be subject to appropriations. Therefore the creation of this section by D.C. Law 22-108 has been implemented.  Applicability of D.C. Law 22-108:  6 of D.C. Law 22-108 provided that the creation of this section by  3 of D.C. Law 22-108 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  7062 of D.C. Act 24-470.   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7533.03. Annual report. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-108,  4, 65 DCR 3806; Sept. 21, 2022, D.C. Law 24-167,  7062, 69 DCR 009223.)  Applicability  Applicability of D.C. Law 22-108:  7146 of D.C. Law 23-16 provided that starting in Fiscal Year 2021 this section shall be subject to appropriations. Therefore the creation of this section by D.C. Law 22-108 has been implemented.  Applicability of D.C. Law 22-108:  6 of D.C. Law 22-108 provided that the creation of this section by  4 of D.C. Law 22-108 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  7062 of D.C. Act 24-470.   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7533.04. Rules. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-108,  5, 65 DCR 3806; Sept. 21, 2022, D.C. Law 24-167,  7062, 69 DCR 009223.)  Applicability  Applicability of D.C. Law 22-108:  7146 of D.C. Law 23-16 provided that starting in Fiscal Year 2021 this section shall be subject to appropriations. Therefore the creation of this section by D.C. Law 22-108 has been implemented.  Applicability of D.C. Law 22-108:  6 of D.C. Law 22-108 provided that the creation of this section by  5 of D.C. Law 22-108 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  7062 of D.C. Act 24-470.   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7533.05. Applicability. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-108,  6, 65 DCR 3806; Sept. 11, 2019, D.C. Law 23-16,  7146, 66 DCR 8621; Sept. 21, 2022, D.C. Law 24-167,  7062, 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7062 of D.C. Act 24-470.   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of applicability provision of D.C. Law 21-108, see  7146 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7531.01. Definitions. For the purposes of this subchapter, the term: (1) District means the District of Columbia. (2) Eligible person means an individual who is 60 years of age or older or is mentally or physically ill, infirm, or has a disability. (3) Service credit means the unit of exchange upon which the volunteer service credit program operates. (4) Sponsor means a nonprofit organization or a consortium of nonprofit organizations that receives and dispenses service credits on behalf of eligible persons and is designated by the Mayor to perform the administrative tasks necessary to implement this subchapter. (5) Targeted service means a task for which service credits may be earned when performed by a volunteer for an eligible person. (6) Volunteer means an individual who earns service credits by: (A) Providing targeted services to an eligible person not related to him or her by blood, marriage, guardianship, or adoption; (B) Providing services under a demonstration project; (C) Participating in pre-service or in-service training under the volunteer service credit program or a demonstration project; or (D) Performing administrative tasks in direct support of the volunteer service credit program or a demonstration project.  (Sept. 13, 1986, D.C. Law 6-143,  2, 33 DCR 4372; Apr. 24, 2007, D.C. Law 16-305,  23, 53 DCR 6198.)  Prior Codifications 1981 Ed.,  6-2241. Section References This section is referenced in  7-531.07. Effect of Amendments D.C. Law 16-305, in par. (2), substituted infirm, or has a disability for disabled, or infirm. Delegation of Authority Delegation of authority pursuant to Law 6-143, see Mayors Order 87-140, June 16, 1987.
 7531.02. Establishment of pilot volunteer service credit program. (a) Within 8 months after September 13, 1986, the Mayor shall establish a 3-year pilot volunteer service credit program (program) through which individuals may volunteer targeted services and in return earn service credits that may be subsequently exchanged for targeted services. To implement the program, the Mayor may award grants and contracts to approved sponsors. The Mayor shall widely publicize a description of the program and a contact telephone number and address for those who may wish to participate. (b)(1) The Mayor shall ensure that the District government or a sponsor maintains a computerized, District-wide register containing: (A) The names of participating volunteers, services for which they are available, and any other personal information relevant to the program; (B) An accounting system with the capacity to make available to the Mayor, each sponsor, and each volunteer a monthly balance of service credits earned and used; and (C) Any other data that may be needed to monitor and administer the program and any demonstration projects undertaken pursuant to  7-531.07. (2) The register required by this subsection shall be used solely to match volunteers with eligible persons and to accomplish other tasks consistent with the purposes of this subchapter.  (Sept. 13, 1986, D.C. Law 6-143,  3, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2242.
 7531.03. Targeted services. Targeted services shall consist of those tasks that the Mayor has determined will foster the independence, self-sufficiency, and noninstitutionalized living of eligible persons and shall fall within the following categories: (1) Those tasks, such as respite care, personal grooming, and meal preparation, that, when performed in the home, address the personal care needs of an eligible person; (2) Those tasks, such as light housekeeping, heavy cleaning, and minor repairs, that, when performed in or around the home, address the environmental needs of an eligible person; (3) Those tasks, such as exercise and recreational therapy, that address the physical or rehabilitative needs of an eligible person; and (4) Those tasks, such as transportation and escort, that address the ability of an eligible person to function outside the home.  (Sept. 13, 1986, D.C. Law 6-143,  4, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2243.
 7531.04. Service credits. (a) To initiate the program, the Mayor shall establish a pool of service credits to be awarded to eligible persons who are in need of targeted services. The Mayor may award credits to eligible persons directly from this pool or may distribute all or part of these credits to sponsors who shall in turn be authorized to award them. The awarding of credits to eligible persons shall be commensurate with the availability of volunteers. (b) In addition to the pool of service credits established under subsection (a) of this section, a sponsor may, with the prior written approval of the Mayor, establish its own pool of service credits to be awarded to eligible persons. In order to receive this approval, a sponsor shall satisfy the Mayor that it has resources and contingency plans sufficient to meet the obligations imposed by  7-531.05. (c)(1) Volunteers who provide targeted services shall earn 1 service credit for each hour of targeted services provided. (2) If authorized by the Mayor, volunteers may also earn service credits for the completion of pre-service and in-service training and for the performance of administrative tasks in direct support of the program. Service credits earned in this manner shall be computed at a rate of 1 credit for every 2 hours of training or administrative service. (d)(1) A volunteer who has service credits may transfer all or part of those credits, either directly or through a sponsor, to an eligible person. Credits thus transferred may not be retransferred. (2) A volunteer who has service credits may transfer all or part of those credits to the Mayor or a sponsor for the purpose of replenishing a pool of service credits established under subsection (a) or (b) of this section. (e) Except as otherwise provided by  7-531.05 or the rules issued by the Mayor under  7-531.10, an eligible person may at any time exchange service credits that he or she has earned, received by transfer, or been awarded for an equal number of hours of any targeted service. The Mayor or a sponsor shall determine whether a requested service is a targeted service and whether the requestor is an eligible person.  (Sept. 13, 1986, D.C. Law 6-143,  5, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2244. Section References This section is referenced in  7-531.05.
 7531.05. Service credit guarantee. (a) To ensure that outstanding service credits are promptly honored when exchanged for targeted services, the Mayor and each sponsor shall develop contingency plans and engage in diligent volunteer recruitment. Except as otherwise provided in subsections (b) and (c) of this section, the Mayor shall guarantee all outstanding credits from the pool of service credits established under  7-531.04(a), and a sponsor shall guarantee all outstanding credits from any pool of service credits it has established under  7-531.04(b). Under these guarantees the Mayor or a sponsor shall ensure the provision of a targeted service, even if a volunteer is unavailable, within 10 days after an eligible person with service credits requests that service. (b) If the program expires or is terminated, the Mayor shall promptly give written notice to all sponsors and persons known to have outstanding credits from the pool of service credits established under  7-531.04(a). Each sponsor shall promptly give written notice of the expiration or termination to all persons known to have outstanding credits from any pool of service credits it has established under  7-531.04(b). The guarantees required by subsection (a) of this section shall cover all requests for targeted services made within 6 months after written notice is given under this subsection. (c) Service credit guarantees established by this section shall not apply to those requested services that are required by District law to be performed by licensed individuals.  (Sept. 13, 1986, D.C. Law 6-143,  6, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2245. Section References This section is referenced in  7-531.04 and  7-531.07.
 7531.06. Advisory committees. Each sponsor shall have an advisory committee composed of persons skilled in the provision of targeted services and persons who represent or advocate the interests of eligible persons. An advisory committee shall monitor the sponsors compliance with program requirements, make recommendations to the sponsor on program implementation, and carry out any other program-related tasks that the Mayor deems appropriate.  (Sept. 13, 1986, D.C. Law 6-143,  7, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2246.
 7531.07. Demonstration projects. In addition to the volunteer service credit program, the Mayor may establish service credit demonstration projects, such as an intergenerational service program involving recipients who would not otherwise qualify as eligible persons under  7-531.01(2). Services provided through these demonstration projects shall earn service credits but shall not be covered by the provisions of  7-531.05.  (Sept. 13, 1986, D.C. Law 6-143,  8, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2247. Section References This section is referenced in  7-531.02 and  7-531.11.
 7531.08. Status of volunteers; reimbursement. Volunteers shall not, by virtue of their participation in the program or a demonstration project, be entitled to monetary compensation or considered for any purpose to be employees or agents of either the District or a sponsor. Sponsors may reimburse volunteers for necessary expenses incident to their provision of targeted or demonstration project services, attendance at pre-service or in-service training, or performance of administrative tasks in direct support of the program or demonstration project.  (Sept. 13, 1986, D.C. Law 6-143,  9, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2248.
 7531.09. Qualified immunity. With respect to their participation in the program or a demonstration project, the District government and its agencies, officials, and employees and sponsors and their advisory committees, officials, and employees shall be immune from civil or criminal liability if they have acted in good faith. This immunity shall not apply to volunteers.  (Sept. 13, 1986, D.C. Law 6-143,  10, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2249.
 7531.10. Rules. The Mayor shall, within 8 months after September 13, 1986, and pursuant to subchapter I of Chapter 5 of Title 2, issue all rules necessary to carry out the purposes of this subchapter. These rules may include, but shall not necessarily be limited to, standards and procedures with respect to the following: (1) Volunteer qualifications, screening, pre-service and in-service training, monitoring, and termination; (2) Minimum liability and accident insurance for volunteers; (3) Sponsor qualifications; (4) The awarding of service credits; (5) Minimum hours that a volunteer must be available; (6) Weekly and annual limits on the number of service credits a volunteer may earn; (7) The delayed vesting of or ability to use service credits earned for pre-service training or the performance of administrative tasks; (8) Mayoral and sponsor notification of service credit transfers; (9) Contingency planning and volunteer reserves; (10) Program evaluation and the responsibilities of sponsor advisory committees; and (11) Demonstration projects.  (Sept. 13, 1986, D.C. Law 6-143,  11, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2250. Section References This section is referenced in  7-531.04.
 7531.11. Reporting to Council. The Mayor shall prepare and submit to the Council annual reports on the volunteer service credit program and any demonstration projects established under  7-531.07. These reports shall at a minimum include: (1) A description of the participating population, including the number or persons served and the services provided; (2) The number of service credits outstanding at the conclusion of the reporting period; (3) Program costs, including the cost to the District government of honoring service credits when volunteers have been unavailable; (4) A description of any positive or negative effects on other volunteer activities; (5) A program evaluation, including an assessment of the quality of services provided, participant satisfaction, and the need to increase or decrease the categories of targeted services or the hours of service availability; and (6) Recommendations regarding continuation of the program or amendments to this subchapter.  (Sept. 13, 1986, D.C. Law 6-143,  12, 33 DCR 4372.)  Prior Codifications 1981 Ed.,  6-2251.
 7551.01. Home accessibility modification grant program. (a) For the purposes of this subchapter, the term: (1) "Accessibility modification" means the construction or modification of a principal place of residence to enable or increase independent living for a person with a disability or who is 60 years of age or more. (2) "Disability" shall have the same meaning as provided in  2-1431.01(4). (3) "Dwelling unit" means any room or group of rooms forming a single unit that is used or intended to be used for living, sleeping, and the preparation or eating of meals that is located within a building that is wholly or partially used or intended to be used for living and sleeping by a human occupant. (4) "Principal place of residence" means a dwelling unit in the District of Columbia in which an individual lives more than 50% of the calendar year. (b) There is established a home accessibility modification grant program, the Safe at Home Program, to be administered by the Mayor for the purpose of assisting eligible residents to reduce risks of falls and to help ameliorate mobility issues by providing accessibility modifications to their principle places of residence. The Mayor may issue grants up to $6,000 per residence and the grants shall be exempt from District income taxation. (c) Accessibility modifications may include: (1) Furniture risers; (2) Handrails; (3) Grab bars; (4) Shower seats; (4A) Bathtub cuts; (5) Chair lifts; (6) Ramps; (7) Doors usable by a person in a wheelchair; and (8) Other modifications to improve accessibility and enhance independent living. (d) To be eligible for the Safe at Home Program, an applicant shall: (1) Be a resident of the District of Columbia who is at least 18 years of age; (2) Provide proof of the applicant's principal place of residence and proof that the applicant owns the principal place of residence, or that the owner of the principal place of residence has given the applicant permission to make an accessibility modification to the property; (3) Provide proof of a disability; except, that a person 60 years of age or more shall be exempt from this requirement; (4) Meet household income-eligibility limitations, as prescribed by the Mayor by rule; and (5) Complete an assessment, performed by a licensed occupational therapist approved by the Department of Aging and Community Living, designed to measure functional ability. (e) The Mayor shall: (1) Develop a grant application form specific to the Safe at Home Program that shall require the minimum information and documentation necessary to determine eligibility for the program; (2) Provide written notification to an applicant of approval or denial of a grant application within 60 days after receipt of a completed application, and if denied, include the reason for the denial and the process for reconsideration; and (3) Ensure that only fully licensed, certified contractors perform work authorized by the Safe at Home Program. (4) Repealed. (f) The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this section, including rules establishing: (1) Household income eligibility; (2) Guidelines for installation projects consistent with current ADA Accessibility Guidelines (28 C.F.R. Part 36, Subpart D and 36 C.F.R. Part 1191, Appendices B and D) as published in Guidance on the 2010 ADA Standards for Accessible Design, Department of Justice, September 15, 2010; (3) Standards to ensure that accessibility modifications funded by grants issued pursuant to this section meet the needs of the applicant; (4) Standards for the assessments required by subsection (d)(5) of this section; and (5) Standards for licensed occupational therapists to be approved to conduct the assessments required by subsection (d)(5) of this section.  (Nov. 26, 2016, D.C. Law 21-168,  2, 63 DCR 12594; Sept. 11, 2019, D.C. Law 23-16,  2192, 66 DCR 8621.)  Applicability  Applicability of D.C. Law 21-168:  7143 of D.C. Law 23-16 repealed  4 of D.C. Law 21-168. Therefore the amendment of this section by D.C. Law 21-168 has been implemented. Applicability of D.C. Law 21-168:  4 of D.C. Law 21-168 provided that the creation of this section by  2 of D.C. Law 21-168 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 21-168, see  7143 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  2192 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 21-168, see  7143 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see  2192 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7571.01. Definitions. [Not Funded] Not Funded.  (Mar. 13, 2019, D.C. Law 22-246,  101, 66 DCR 967.)  Applicability Applicability of D.C. Law 22-246:  301 of D.C. Law 22-246 provided that the creation of this section by  101 of D.C. Law 22-246 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7571.02. Establishment of PACE. [Not Funded] Not Funded.  (Mar. 13, 2019, D.C. Law 22-246,  102, 66 DCR 967.)  Applicability Applicability of D.C. Law 22-246:  301 of D.C. Law 22-246 provided that the creation of this section by  102 of D.C. Law 22-246 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7571.03. Administration of PACE. [Not Funded] Not Funded.  (Mar. 13, 2019, D.C. Law 22-246,  103, 66 DCR 967.)  Applicability Applicability of D.C. Law 22-246:  301 of D.C. Law 22-246 provided that the creation of this section by  103 of D.C. Law 22-246 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7571.04. PACE organization certification; provision of services. [Not Funded] Not Funded.  (Mar. 13, 2019, D.C. Law 22-246,  104, 66 DCR 967.)  Applicability Applicability of D.C. Law 22-246:  301 of D.C. Law 22-246 provided that the creation of this section by  104 of D.C. Law 22-246 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7571.05. Rules. [Not Funded] Not Funded.  (Mar. 13, 2019, D.C. Law 22-246,  105, 66 DCR 967.)  Applicability Applicability of D.C. Law 22-246:  301 of D.C. Law 22-246 provided that the creation of this section by  105 of D.C. Law 22-246 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7581. Interstate Physical Therapy Compact.  The Mayor is authorized to enter into and execute on behalf of the District the Interstate Physical Therapy Licensure Compact with any state or states legally joining therein, in the form substantially as follows:  Sec. 2. PREAMBLE  (a) To establish the Interstate Physical Therapy Licensure Compact to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient and client is located at the time of the patient and client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. (b) This Compact is designed to achieve the following objectives: (1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses; (2) Enhance the states' ability to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multi-state physical therapy practice; (4) Support spouses of relocating military members; (5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; and (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.  Sec. 3. Definitions.  For the purposes of [this compact], the term: (1) "Active-duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C.  1209 and 1211. (2) "Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. (3) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board, including substance abuse issues. (4) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient and client is located at the time of the patient and client encounter. (5) "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. (6) "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. (7) "Encumbered license" means a license that a physical therapy licensing board has limited in any way. (8) "Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. (9) "Home state" means the member state that is the licensee's primary state of residence. (10) "Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. (11) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state. (12) "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. (13) "Member state" means a state that has enacted the Compact. (14) "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege (15) "Physical therapist" means an individual who is licensed by a state to practice physical therapy. (16) "Physical therapist assistant" means an individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy. (17) "Physical therapy," "physical therapy practice," or "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist. (18) "Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact. (19) "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. (20) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. (21) "Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law. (22) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy, including the District of Columbia.  Sec. 4. Participation in the Compact. (a) To participate in the Compact, a state must: (1) Participate fully in the Commission's data system, including using the Commission's unique identifier, as defined in rules; (2) Have a mechanism in place for receiving and investigating complaints about licensees; (3) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee; (4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section; (5) Comply with the rules of the Commission; (6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and (7) Have continuing competence requirements as a condition for license renewal. (b) Upon adoption of [this compact], the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. 534 and 217 of the National Criminal History Access and Child Protection Act, approved October 9, 1998 (112 Stat. 1876; 34 U.S.C.  40316). (c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules. (d) Member states may charge a fee for granting a compact privilege.  Sec. 5. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h) of this section; (4) Have not had any adverse action against any license or compact privilege within the previous 2 years; (5) Notify the Commission that the licensee is seeking the compact privilege within a remote state; (6) Pay any applicable fees, including any state fee, for the compact privilege; (7) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and (8) Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken. (b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state. (c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. (e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until: (1) The state license is no longer encumbered; and (2) Two years have elapsed from the date of the adverse action. (f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state. (g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until: (1) The specific period of time for which the compact privilege was removed has ended; (2) All fines have been paid; and (3) Two years have elapsed from the date of the adverse action. (h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirement in subsection (a) of this section to obtain a compact privilege in a remote state.  Section 6. Active-duty military personnel or their spouses.  A licensee who is active-duty military or is the spouse of an individual who is active-duty military may designate one of the following as the home state: (1) Home of record; (2) Permanent Change of Station ("PCS"); or (3) State of current residence if it is different than the PCS state or home of record.  Sec. 7. Adverse actions. (a) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (b) A home state may take adverse action based on the investigative information of a remote state so long as the home state follows its own procedures for imposing adverse action. (c) Nothing in [this compact] shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state. (d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege. (e) A remote state shall have the authority to: (1) Take adverse actions as set forth in section 5(d) against a licensee's compact privilege in the state; (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and (3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee. (f) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (g) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.  Sec. 8. Establishment of the Physical Therapy Compact Commission. (a)(1) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission, which shall function as a joint agency of the member states. (2) The Commission shall be an instrumentality of the Compact states. (3) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (4) Nothing in [this compact] shall be construed to be a waiver of sovereign immunity. (b) Each member state shall have and be limited to one delegate selected by that member state's licensing board. (c) The delegate shall be a current member of the licensing board and who is a physical therapist, physical therapist assistant, public member, or the board administrator. (d) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (e) The member state board shall fill any vacancy occurring in the Commission. (f)(1) Each delegate shall be entitled to one vote with regard to rulemaking and the creation of bylaws, pursuant to subsection (g)(2) of this section, and shall otherwise have an opportunity to participate in the business and affairs of the Commission. (2) A delegate shall vote in person or by such other means as provided in the bylaws established pursuant to subsection (g)(2) of this section. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws established pursuant to subsection (g)(2) of this section. (g) The Commission shall have the following powers and duties, to; (1) Establish the fiscal year of the Commission; (2) Establish bylaws; (3) Maintain its financial records in accordance with the bylaws; (4) Meet and take such actions as are consistent with the provisions of the Compact and the bylaws; (5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact; which rules shall have the force and effect of law and shall be binding in all member states; (6) Bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected; (7) Purchase and maintain insurance and bonds; (8) Borrow, accept, or contract for services of personnel, including employees of a member state; (9) Hire employees, elect, or appoint officers, fix compensation, define duties, and grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (10) Accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that the Commission shall avoid any appearance of impropriety or conflict of interest; (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed; provided, that at all times the Commission shall avoid any appearance of impropriety; (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (13) Establish a budget and make expenditures; (14) Borrow money; (15) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in [this compact] or the bylaws; (16) Provide and receive information from, and cooperate with, law enforcement agencies; (17) Establish and elect an Executive Board; and (18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.  Sec. 9. The Executive Board. (a) The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact. (b)(1) The Executive Board shall be composed of 9 members, including: (A) Seven voting members who are elected by the Commission from the current membership of the Commission; (B) One ex-officio, nonvoting member from the recognized national physical therapy professional association; and (C) One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards. (2) The ex-officio members will be selected by their respective organizations. (c) The Commission may remove any member of the Executive Board as provided in the Commission's bylaws. (d) The Executive Board shall meet at least annually. (e) The Executive Board shall have the following duties and responsibilities, to: (1) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact, fees paid by Compact member states, such as annual dues, and any Commission Compact fee charged to licensees for the compact privilege; (2) Ensure Compact administration services are appropriately provided, contractual or otherwise; (3) Prepare and recommend the budget; (4) Maintain financial records on behalf of the Commission; (5) Monitor Compact compliance of member states and provide compliance reports to the Commission; (6) Establish additional committees as necessary; and (7) Perform other duties as provided in rules or bylaws.  Sec. 10. Meetings of the Commission. (a) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 14. (b) The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss: (1) Non-compliance of a member state with its obligation under the Compact; (2) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practice and procedures; (3) Current, threatened, or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or (10) Matters specifically exempted from disclosure by federal or member state statute. (c) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (d) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.  Sec. 11. Financing of the Commission. (a) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The Commission may accept from all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (c) The Commission may levy on, and collect an annual assessment from, each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states. (d) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state. (e) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.  Sec. 12. Qualified immunity, defense, and indemnification. (a) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (b) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged, act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (c) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.  Sec. 13. Data system. (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege; (4) Non-confidential information related to alternative program participation; (5) Any denial of application for licensure, and the reason for such denial; and (6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (c) Investigative information pertaining to a licensee in any member state will only be available to other party states. (d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to licensee in any member state will be available to any other member state. (e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.  Sec. 14. Rulemaking. (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: (1) On the website of the Commission or other publicly accessible platform; and (2) On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (e) The Notice of Proposed Rulemaking shall include: (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or submit written comments. (f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) At least 25 persons; (2) A state or federal governmental subdivision or agency; or (3) An association having at least 25 members. (h)(1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. (2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing no fewer than 5 business days before the scheduled date of the hearing. (3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (4) All hearings will be recorded. A copy of the recording will be made available on request. (5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided, that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or member state funds; (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) Protect public health and safety. (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.  Sec. 15. Oversight, dispute resolution, and enforcement. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law. (b) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact, which may affect the powers, responsibilities, or actions of the Commission. (c) The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or rules promulgated pursuant to the Compact. (d) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: (1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and any other action to be taken by the Commission; and (2) Provide remedial training and specific technical assistance regarding the default. (e) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (f) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the Mayor, the Council, and each of the member states. (g) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (h) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state. (i) The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (j) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states. (k) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (l) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. (m) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (n) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.  Sec. 16. Date of implementation of the Interstate Commission for Physical Therapy Practice and associated rules, withdrawal, and amendment. (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. (b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. (c) Any member state may withdraw from the Compact by enacting a statute repealing the same. (d) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute. (e) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal. (f) Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact. (g) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.  Sec. 17. Construction and severability.  This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.  (Mar. 16, 2021, D.C. Law 23-220,  2, 68 DCR 00092.) 
 7601. Standard. An individual who has sustained either: (1) irreversible cessation of circulatory and respiratory functions; or (2) irreversible cessation of all functions of the entire brain, including the brain stem; is dead. A determination of death must be made in accordance with accepted medical standards.  (Feb. 25, 1982, D.C. Law 4-68,  2, 28 DCR 5045.)  Prior Codifications 1981 Ed.,  6-2401. Section References This section is referenced in  19-505. Editor's Notes Uniform Law: This section is based upon  1 of the Uniform Determination of Death Act.
 7621. Definitions. For the purposes of this subchapter, the term: (1) Attending physician means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. (2) Declaration means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of  7-622. (2A) Domestic partnership shall have the same meaning as provided in  32-701(4). (3) Life-sustaining procedure means any medical procedure or intervention, which, when applied to a qualified patient, would serve only to artificially prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or not such procedure or intervention is utilized. The term life-sustaining procedure shall not include the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. (4) Physician means a person authorized to practice medicine in the District of Columbia. (5) Qualified patient means a patient who has executed a declaration in accordance with this subchapter and who has been diagnosed and certified in writing to have a terminal condition by 2 physicians who have personally examined the patient, one of whom shall be the attending physician. (6) Terminal condition means an incurable condition caused by injury, disease, or illness, which, regardless of the application of life-sustaining procedures, would, within reasonable medical judgment, produce death, and where the application of life-sustaining procedures serve only to postpone the moment of death of the patient.  (Feb. 25, 1982, D.C. Law 4-69,  2, 28 DCR 5047; Apr. 24, 2007, D.C. Law 16-305,  24, 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231,  16(a), 55 DCR 6758.)  Prior Codifications 1981 Ed.,  6-2421. Section References This section is referenced in  7-625. Effect of Amendments D.C. Law 16-305, in par. (5), substituted have for be afflicted with. D.C. Law 17-231 added par. (2A). Emergency Legislation  For temporary (90 days) amendment of this section, see  814(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  814(a) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  814(a) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  7(a) of Coronavirus Support Clarification Emergency Amendment Act of 2020 (D.C. Act 23-332, July 7, 2020, 67 DCR 8609).  Temporary Legislation  For temporary (225 days) amendment of this section, see  814(a) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  814(a) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 7622. Declaration  Execution; form. (a) Any persons 18 years of age or older may execute a declaration directing the withholding or withdrawal of life-sustaining procedures from themselves should they be in a terminal condition. The declaration made pursuant to this subchapter shall be: (1) In writing; (2) Signed by the person making the declaration or by another person in the declarants presence at the declarants express direction; (3) Dated; and (4) Signed in the presence of 2 or more witnesses at least 18 years of age. In addition, a witness shall not be: (A) The person who signed the declaration on behalf of and at the direction of the declarant; (B) Related to the declarant by blood, marriage, or domestic partnership; (C) Entitled to any portion of the estate of the declarant according to the laws of intestate succession of the District of Columbia or under any will of the declarant or codicil thereto; (D) Directly financially responsible for declarants medical care; or (E) The attending physician, an employee of the attending physician, or an employee of the health facility in which the declarant is a patient. (b) It shall be the responsibility of the declarant to provide for notification to his or her attending physician of the existence of the declaration. An attending physician, when presented with the declaration, shall make the declaration or a copy of the declaration a part of the declarants medical records. (c) The declaration shall be substantially in the following form, but in addition may include other specific directions not inconsistent with other provisions of this subchapter. Should any of the other specific directions be held to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable.   Declaration  Declaration made this . . . . . day of . . . . . . . . . . . (month, year). I, . . . . . . . . . . ., being of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, do declare: If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by 2 physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal. I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration. Signed Address I believe the declarant to be of sound mind. I did not sign the declarants signature above for or at the direction of the declarant. I am at least 18 years of age and am not related to the declarant by blood, marriage, or domestic partnership, entitled to any portion of the estate of the declarant according to the laws of intestate succession of the District of Columbia or under any will of the declarant or codicil thereto, or directly financially responsible for declarants medical care. I am not the declarants attending physician, an employee of the attending physician, or an employee of the health facility in which the declarant is a patient. Witness Witness  (Feb. 25, 1982, D.C. Law 4-69,  3, 28 DCR 5047; Sept. 12, 2008, D.C. Law 17-231,  16(b), 55 DCR 6758.)  Prior Codifications 1981 Ed.,  6-2422. Section References This section is referenced in  7-621,  7-623,  7-626, and  7-628. Effect of Amendments D.C. Law 17-231 substituted blood, marriage, or domestic partnership for blood or marriage. Emergency Legislation  For temporary (90 days) amendment of this section, see  3(hh)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see  814(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  814(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  814(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  7(b) of Coronavirus Support Clarification Emergency Amendment Act of 2020 (D.C. Act 23-332, July 7, 2020, 67 DCR 8609).  Temporary Legislation  For temporary (225 days) amendment of this section, see  3(hh)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) amendment of this section, see  814(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  814(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 7623. Declaration  Restrictions. A declaration shall have no effect if the declarant is a patient in an intermediate care or skilled care facility as defined in the Health Care Facilities Regulation, enacted June 14, 1974 (Reg. 74-15; 20 DCR 1423 ) at the time the declaration is executed unless 1 of the 2 witnesses to the directive is a patient advocate or ombudsman. The patient advocate or ombudsman shall have the same qualifications as a witness under  7-622.  (Feb. 25, 1982, D.C. Law 4-69,  4, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2423.
 7624. Declaration  Revocation. (a) A declaration may be revoked at any time only by the declarant or at the express direction of the declarant, without regard to the declarants mental state by any of the following methods: (1) By being obliterated, burnt, torn, or otherwise destroyed or defaced by the declarant or by some person in the declarants presence and at his or her direction; (2) By a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant. Such revocation shall become effective only upon communication of the revocation to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patients medical record the time and date when he or she receives notification of the written revocation; or (3) By a verbal expression of the intent to revoke the declaration, in the presence of a witness 18 years or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective only upon communication of the revocation to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record, in the patients medical record, the time, date, and place of when he or she receives notification of the revocation. (b) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.  (Feb. 25, 1982, D.C. Law 4-69,  5, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2424. Emergency Legislation  For temporary (90 days) amendment of this section, see  3(hh)(2) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see  814(c) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see  814(c) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see  814(c) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see  7(c) of Coronavirus Support Clarification Emergency Amendment Act of 2020 (D.C. Act 23-332, July 7, 2020, 67 DCR 8609).  Temporary Legislation  For temporary (225 days) amendment of this section, see  3(hh)(2) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) amendment of this section, see  814(c) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see  814(c) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 7625. Physicians duty to confirm terminal condition. (a) An attending physician who has been notified of the existence of a declaration executed under this subchapter, without delay after the diagnosis of a terminal condition of the declarant, shall take the necessary steps to provide for written certification and confirmation of the declarants terminal condition, so that the declarant may be deemed to be a qualified patient under this subchapter. (b) Once written certification and confirmation of the declarants terminal condition is made a person becomes a qualified patient under this subchapter only if the attending physician verbally or in writing informs the patient of his or her terminal condition and documents such communication in the patients medical record. If the patient is diagnosed as unable to comprehend verbal or written communications, such patient shall become a qualified patient as defined in  7-621, immediately upon written certification and confirmation of his or her terminal condition by the attending physician. (c) An attending physician who does not comply with this section shall be considered to have committed an act of unprofessional conduct under  3-2926.  (Feb. 25, 1982, D.C. Law 4-69,  6, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2425. References in Text Section 3-2926 referred to in subsection (c), was repealed by  1104(e) of D.C. Law 6-99, effective March 25, 1986.
 7626. Competency and intent of declarant. (a) The desires of a qualified patient shall at all times supersede the effect of the declaration. (b) If the qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed in accordance with  7-622 is presumed to be valid. For the purpose of this subchapter, a physician or health facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was of sound mind when it was executed. The fact of an individuals having executed a declaration shall not be considered as an indication of a declarants mental incompetency.  (Feb. 25, 1982, D.C. Law 4-69,  7, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2426.
 7627. Extent of medical liability; transfer of patient; criminal offenses. (a) No physician, licensed health care professional, health facility, or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-sustaining procedures from a qualified patient pursuant to a declaration made in accordance with this subchapter shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct. (b) An attending physician who cannot comply with the declaration of a qualified patient pursuant to this subchapter shall, in conjunction with the next of kin of the patient or other responsible individual, effect the transfer of the qualified patient to another physician who will honor the declaration of the qualified patient. Transfer under these circumstances shall not constitute abandonment. Failure of an attending physician to effect the transfer of the qualified patient according to this section, in the event he or she cannot comply with the directive, shall constitute unprofessional conduct as defined in  3-2926 [repealed]. (c) Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without the declarants consent or who falsifies or forges a revocation of the declaration of another shall commit an offense, and upon conviction shall be fined an amount not to exceed $5,000 or be imprisoned for a period not to exceed 3 years, or both. (d) Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of the revocation of a declaration, with the intent to cause a withholding or withdrawal of life-sustaining procedures, contrary to the wishes of the declarant, and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be subject to prosecution for unlawful homicide pursuant to  22-2101.  (Feb. 25, 1982, D.C. Law 4-69,  8, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2427. References in Text Section 3-2926, referred to in subsection (b), was repealed by  1104(e) of D.C. Law 6-99, effective March 25, 1986.
 7628. Exclusion of suicide; effect of declaration upon issuance. (a) The withholding or withdrawal of life-sustaining procedures from a qualified patient in accordance with the provisions of this subchapter shall not, for any purpose, constitute a suicide and shall not constitute the crime of assisting suicide. (b) The making of a declaration pursuant to  7-622 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary. (c) No physician, health facility, or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital service corporation shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.  (Feb. 25, 1982, D.C. Law 4-69,  9, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2428.
 7629. Preservation of existing rights. (a) Nothing in this subchapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this subchapter are cumulative. (b) This subchapter shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition.  (Feb. 25, 1982, D.C. Law 4-69,  10, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2429.
 7630. Effect of subchapter. Nothing in this subchapter shall be construed to condone, authorize, or approve mercy-killing or to permit any affirmative or deliberate act or omission to end a human life other than to permit the natural process of dying as provided in this subchapter.  (Feb. 25, 1982, D.C. Law 4-69,  11, 28 DCR 5047.)  Prior Codifications 1981 Ed.,  6-2430. Emergency Legislation For temporary (90 day) provisions for mandatory autopsies and unusual incident reports, see  2 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-25, April 2, 2001, 48 DCR 3320). For temporary (90 day) provisions for mandatory autopsies and unusual reports, see  2 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Emergency Amendment Act of 2001 (D.C. Act 14-151, October 23, 2001, 48 DCR 10204). For temporary (90 day) provisions for mandatory autopsies and unusual incident reports, see  2 to 5 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Congressional Review Emergency Act of 2002 (D.C. Act 14-261, January 30, 2002, 49 DCR 1437). Temporary Legislation For temporary (225 day) additions, see  2 to 4 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Temporary Act of 2001 (D.C. Law 14-70, February 27, 2002, law notification 49 DCR 2280).
 7651.01. Definitions. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  2, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.02. Execution and issuance of comfort care order. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  3, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Section References This section is referenced in  7-651.12. Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.03. Form of comfort care order. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  4, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.04. Comfort care bracelet or necklace. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  5, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.05. Revocation of a comfort care order. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  6, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.06. Decision to withhold resuscitation. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  7, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.07. Decision to resuscitate. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  8, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.08. Comfort care; alleviation of pain. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  9, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Section References This section is referenced in  7-651.01. Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.09. Reciprocity. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  10, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.10. Training and education. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  11, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.11. Liability. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  12, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.12. Prohibitions and penalties. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  13, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.13. Exclusion of suicide; insurance. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  14, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.14. Fee. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  15, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.15. Rules. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  16, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.16. Applicability. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  17, 48 DCR 27; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7651.17. Appropriations. [Repealed] Repealed.  (Apr. 3, 2001, D.C. Law 13-224,  18, 48 DCR 27; Aug. 16, 2008, D.C. Law 17-219,  7027, 55 DCR 7598; Feb. 27, 2016, D.C. Law 21-72,  3, 63 DCR 208.)  Applicability Section 7011 of D.C. Law 22-33 repealed  4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.  Applicability of D.C. Law 21-72:  4 of D.C. Law 21-72 provided that the change made to this section by  3 of D.C. Law 21-72 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.  Section 3 of D.C. Law 21-72, as made applicable by section 7011 of D.C. Law 22-33, repealed this section "as of the date that the Department of Health develops, and makes available, the MOST Form in accordance with  21-2221.02."  Emergency Legislation  For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  4 of D.C. Law 21-72, see  7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.01. Definitions. For the purposes of this chapter, the term: (1) "Attending physician" shall have the same meaning as provided in  7-621(1); provided, that the attending physician's practice shall not be primarily or solely composed of patients requesting a covered medication. (2) "Capable" means that, in the opinion of a court or the patient's attending physician, consulting physician, psychiatrist, or psychologist, a patient has the ability to make and communicate health care decisions to health care providers. (3) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease and who is willing to participate in the provision of a covered medication to a qualified patient in accordance with this chapter. (4) "Counseling" means one or more consultations as necessary between a District licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. (5) "Covered medication" means a medication prescribed pursuant to this chapter for the purpose of ending a person's life in a humane and peaceful manner. (6) "Department" means the Department of Health. (7) "Health care facility" means a hospital or long-term care facility. (8) "Health care provider" means a person, partnership, corporation, facility, or institution that is licensed, certified, or authorized under District law to administer health care or dispense medication in the ordinary course of business or practice of a profession. (9) "Hospital" shall have the same meaning as provided in  44-501(a)(1). (10) "Informed decision" means a decision by a qualified patient to request and obtain a prescription for a covered medication that is based on an appreciation of the relevant facts and is made after being fully informed by the attending physician of: (A) His or her medical diagnosis; (B) His or her prognosis; (C) The potential risks associated with taking the covered medication; (D) The probable results of taking the covered medication; and (E) Feasible alternatives to taking the covered medication, including comfort care, hospice care, and pain control. (11) "Long-term care facility" means a nursing home or community residence facility, as defined by  44-501(a)(3) and (4), or an assisted living residence, as defined by  44-102.01(4). (12) "Medically confirmed" means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records. (13) "Patient" means a person who has attained 18 years of age, resides in the District of Columbia, and is under the care of a physician. (14) "Physician" shall have the same meaning as provided in  7-621(4). (15) "Qualified patient" means a patient who: (A) Has been determined to be capable; and (B) Satisfies the requirements of this chapter in order to obtain a prescription for a covered medication. (16) "Terminal disease" means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within 6 months.  (Feb. 18, 2017, D.C. Law 21-182,  2, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  2 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.02. Requests for a covered medication. (a) To request a covered medication, a patient shall: (1) Make 2 oral requests, separated by at least 15 days, to an attending physician. (2) Submit a written request, signed and dated by the patient, to the attending physician before the patient makes his or her 2nd oral request and at least 48 hours before a covered medication may be prescribed or dispensed. (b)(1) A written request made pursuant to subsection (a)(2) of this section shall be witnessed by at least 2 individuals who, in the presence of the patient, attest to the best of their knowledge and belief that the patient is capable, acting voluntarily, and is not being unduly influenced to sign the request. (2) If the patient is a patient in a long-term care facility at the time the written request is made under subsection (a)(2) of this section, one of the witnesses shall be an individual designated by the facility who has met the qualifications specified in the Department's regulations. (3) One of the witnesses shall be a person who is not: (A) A relative of the patient by blood, marriage, or adoption; (B) At the time the request is signed, entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law; or (C) An owner, operator, or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident. (4) The patient's attending physician at the time of the request shall not be a witness. (c) A written request made pursuant to subsection (a)(2) of this section shall be in substantially the following form: "REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND PEACEFUL MANNER "I, _____________, am an adult of sound mind. "I am suffering from ____________, which my attending physician has determined is a terminal disease and which has been medically confirmed by a consulting physician. "I have been fully informed of my diagnosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including comfort care, hospice care, and pain control. "I request that my attending physician prescribe medication that will end my life in a humane and peaceful manner. "INITIAL ONE: "[ ] I have informed my family of my decision and taken their opinion into consideration. "[ ] I have decided not to inform my family of my decision. "[ ] I have no family to inform of my decision. "I understand that I have the right to rescind this request as any time. "I understand the full import of this request, and I expect to die when I take the medication to be prescribed. I further understand that although most deaths occur within 3 hours of taking the medication to be prescribed, my death may take longer, and my physician has counseled me about this possibility. "I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions. "Signed: "Dated: "DECLARATION OF WITNESSES: "We declare that the person signing this request: "(a) Is personally known to us or has provided proof of identity; "(b) Signed this request in our presence; "(c) Appears to be of sound mind and not under duress, fraud, or undue influence; "(d) Is not a patient for whom either of us is the attending physician. "Date: "Witness 1: "Address: "Witness 1 signature: "Date: "Witness 2: "Address: "Witness 2 signature: "NOTE: One witness shall not be a relative (by blood, marriage, or adoption) of the person signing this request, shall not be entitled to any portion of the persons estate upon death, and shall not own, operate, or be employed at the health care facility where the person is a patient or resident. If the patient is a patient at a long-term care facility, one of the witnesses shall be an individual designated by the facility.".  (Feb. 18, 2017, D.C. Law 21-182,  3, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  3 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.03. Responsibilities of the attending physician. (a) Upon receiving a written request for a covered medication pursuant to  7-661.02(a)(2), the attending physician shall: (1) Determine that the patient: (A) Has a terminal disease; (B) Is capable; (C) Has made the request voluntarily; and (D) Is a resident of the District of Columbia; (2) Inform the patient of: (A) His or her medical diagnosis; (B) His or her prognosis; (C) The potential risks associated with taking a covered medication; (D) The probable result of taking a covered medication; and (E) The feasible alternatives to taking a covered medication, including comfort care, hospice care, and pain control; (3) Refer the patient to a consulting physician; (4) Refer the patient to counseling if appropriate, pursuant to  7-661.04; (5) Inform the patient of the availability of supportive counseling to address the range of possible psychological and emotional stress involved with the end stages of life; (6) Recommend that the patient notify next of kin, friends, and spiritual advisor, if applicable, of his or her decision to request a covered medication; (7) Counsel the patient about the importance of having another person present when the patient takes a covered medication and of not taking a covered medication in a public place; (8) Inform the patient that he or she has an opportunity to rescind a request for a covered medication at any time and in any manner; (9) Verify, immediately before writing the prescription for a covered medication, that the patient is making an informed decision; and (10) Fulfill the medical record documentation requirements of  7-661.06. (b) If a consulting physician receives a referral for a patient from an attending physician pursuant to subsection (a)(3) of this section, the consulting physician shall: (1) Examine the patient and his or her relevant medical records to confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease; (2) Verify, in writing, to the attending physician that the patient: (A) Is capable; (B) Is acting voluntarily; and (C) Has made an informed decision; and (3) Refer the patient to counseling if appropriate, pursuant to  7-661.04.  (Feb. 18, 2017, D.C. Law 21-182,  4, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  4 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.04. Counseling referral. (a) If, in the opinion of the attending physician or the consulting physician, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either physician shall refer the patient to counseling. (b) No covered medication shall be prescribed until the patient receives counseling and the psychiatrist or psychologist performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.  (Feb. 18, 2017, D.C. Law 21-182,  5, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  5 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.05. Dispensing a covered medication and reporting requirements. (a) An attending physician may not prescribe or dispense a covered medication, unless: (1) The patient has satisfied the requirements of  7-661.02 and 7-661.04, if applicable; (2) The attending physician has satisfied the requirements of  7-661.03 and 7-661.04, if applicable; and (3) The attending physician has offered the patient an opportunity to rescind his or her request for a covered medication immediately before prescribing or dispensing the covered medication. (b) After the attending physician ensures that the requirements provided in subsection (a) of this section have been met, the attending physician may: (1) Dispense a covered medication, including ancillary medications intended to minimize the patient's discomfort, directly to the qualified patient; provided, that the attending physician is authorized to do so in  48-903.02 and has a current Drug Enforcement Administration certificate issued pursuant to 21 C.F.R.  1301.35; or (2) After a qualified patient completes the form under  7-661.02(c): (A) Contact a pharmacist and inform the pharmacist of the prescription for a covered medication; and (B) Deliver the written prescription for a covered medication personally, or by telephone, facsimile, or electronically to the pharmacist. (c) Upon receiving a written prescription for a covered medication by an attending physician under subsection (b)(2) of this section, the pharmacist may dispense the covered medication to the following: (A) The patient; (B) The attending physician; or (C) An expressly identified agent designated by the qualified patient, with the designation communicated to the pharmacist by the patient verbally or in writing. (d) A pharmacist, upon dispensing a covered medication under subsection (c) of this section, shall immediately notify the attending physician that the covered medication was dispensed. (e) Within 30 days after a health care provider dispenses a covered medication, the attending physician shall file with the Department a copy of the information required by  7-661.06 on a form created by the Department. (f) Within 30 days after a patient ingests a covered medication, or as soon as practicable after the a health care provider is made aware of a patient's death resulting from ingesting the covered medication, the health care provider shall notify the Department of a patient's death. (g) Notwithstanding any other provision of law, the attending physician may sign the patient's death certificate. (h) The cause of death listed on a death certificate shall identify the qualified patient's underlying medical condition consistent with the International Classification of Diseases without reference to the fact that the qualified patient ingested a covered medication. (i)(1) The Office of the Chief Medical Examiner shall review each death involving a qualified patient who ingests a covered medication and, if warranted by the review, may conduct an investigation. (2) The review required by paragraph (1) of this subsection shall not constitute an inquiry for the purposes of  7-211; provided, that an investigation authorized by paragraph (1) of this subsection shall constitute an inquiry for the purposes of Chapter 2 of this title.  (Feb. 18, 2017, D.C. Law 21-182,  6, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  6 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.06. Medical record documentation requirements. (a) The attending physician shall document and file in the medical record of the patient requesting a covered medication: (1) All oral requests by a patient for a covered medication; (2) All written requests by a patient for a covered medication; (3) The attending physician's: (A) Diagnosis and prognosis of the patient; (B) Determination that the patient is a District resident and is capable, acting voluntarily, and has made an informed decision when requesting a covered medication; (C) Offer to the patient to rescind his or her request for a covered medication before the patient makes his or her second oral request; (D) Notation that all requirements under this chapter have been met; and (E) Notation regarding all steps taken to carry out the patient's request for a covered medication, including a notation of the covered medication prescribed; (4) The consulting physician's: (A) Diagnosis and prognosis of the patient; (B) Verification that the patient is capable, acting voluntarily, and has made an informed decision when requesting a covered medication; and (5) If a patient is referred to counseling pursuant to  7-661.04, a report by the psychiatrist or psychologist of the outcome and determinations made during counseling.  (Feb. 18, 2017, D.C. Law 21-182,  7, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  7 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.07. Reporting requirements. (a) Beginning one year after February 18, 2017, and on an annual basis thereafter, the Department shall review the records maintained under  7-661.06 for the purpose of gathering data and ensuring compliance with this chapter. (b) The Department shall generate and make available to the public an annual statistical report of information collected pursuant to subsection (a) of this section. The report shall include: (1) The number of qualified patients for whom a prescription for a covered medication was written; (2) The number of known qualified patients who died each year for whom a prescription for a covered medication was written, and the cause of death of those patients; (3) The number of known deaths in the District from using a covered medication; (4) The number of physicians who wrote prescriptions for a covered medication; and (5) Of the qualified patients who died due to using a covered medication, demographic percentages organized by the following characteristics: (A) Age at death; (B) Education level, if known; (C) Race; (D) Sex; (E) Type of insurance, including whether or not they had insurance, if known; and (F) Terminal disease.  (Feb. 18, 2017, D.C. Law 21-182,  8, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  8 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.08. Effect on construction of wills and contracts. (a) A provision in a contract, will, or other agreement executed on or after February 18, 2017, whether written or oral, is not valid if the provision would affect whether a person may make or rescind a request for a covered medication. (b) An obligation owing under any contract, will, or other agreement executed on or after February 18, 2017 may not be conditioned or affected by a person making or rescinding a request for a covered medication.  (Feb. 18, 2017, D.C. Law 21-182,  9, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  9 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.09. Insurance and annuity policies. (a) The sale, procurement, or issuance of any life, health, accident insurance, annuity policy, employment benefits, or the rate charged for any policy may not be conditioned upon or affected by the making or rescinding of a qualified patient's request for a covered medication. (b) A qualified patient's act of ingesting a covered medication shall not have an effect upon a life, health, accident insurance, annuity policy, or employment benefits. (c) Nothing in this section shall be construed to limit the ability of an insurance or annuity provider from investigating a claim for benefits for a death.  (Feb. 18, 2017, D.C. Law 21-182,  10, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  10 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.10. Health care provider participation; notification; permissible sanctions. (a) No health care provider shall be obligated under this chapter, by contract, or otherwise, to participate in the provision of a covered medication to a qualified patient. (b) If a health care provider is unable or unwilling to carry out a patient's request for a covered medication under this chapter and the patient transfers his or her care to a new health care provider, the prior health care provider shall transfer, upon request of the patient, a copy of the patient's relevant medical records to the new health care provider. (c) A health care provider may prohibit any other health care provider that it employs or contracts with from providing a covered medication under this chapter on the prohibiting health care provider's premises; provided, that the prohibiting health care provider has notified the health care provider of this policy before the employee or contractor has provided a covered medication. (d) Notwithstanding  7-661.11, if, before a covered medication has been provided, the prohibiting health care provider has notified the sanctioned health care provider that it prohibits providing a covered medication under this chapter, the prohibiting health care provider may impose the following sanctions: (1) Loss of privileges, loss of membership, or other sanction pursuant to the prohibiting health care provider's medical staff bylaws, policies, and procedures, if the sanctioned health care provider is a member of the prohibiting health care provider's medical staff and participates under this chapter while on staff on the premises of the prohibiting health care provider's health care facility; (2) Termination of the lease or other property contract or other nonmonetary remedies provided under the lease or property contract, not including loss or restriction of medical staff privileges or exclusion from a provider panel, if the sanctioned health care provider participates under this chapter while on the premises of a prohibiting health care provider's health care facility or on the property that is owned by or under the direct control of the prohibiting health care provider; (3) Termination of an employment contract or other nonmonetary remedies provided by contract if the sanctioned health care provider participates under this chapter in the course and scope of the sanctioned health care provider's duties as an employee or independent contractor of the prohibiting health care provider; or (4) Any other sanctions and penalties in accordance with the prohibiting health care provider's policies and practices; provided, that no sanctions or penalties shall be imposed under this paragraph without a procedure for contesting the sections and penalties. (e) Nothing in this section shall be construed to prevent: (1) A health care provider from participating under this chapter while acting outside the course and scope of the health care provider's duties as an employee or independent contractor of the prohibiting health care provider; (2) A patient from contracting with his or her attending physician and consulting physician to act outside the course and scope of the health care provider's duties as an employee or independent contractor of the prohibiting health care provider; (3) A health care provider from making an initial determination pursuant to the standard of care that a patient has a terminal disease and informing him or her of the medical prognosis; (4) A health care provider from providing information about this chapter upon the request of the patient; or (5) A health care provider from providing a patient, upon request, with a referral to another health care provider. (f) Sanctions issued pursuant to subsection (d) of this section are not reportable under  3-1205.13(a)(4)(C).  (Feb. 18, 2017, D.C. Law 21-182,  11, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  11 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.11. Immunities, liabilities, and exceptions. (a) Except as provided in  7-661.10, no person shall be subject to civil or criminal liability or professional disciplinary action for: (1) Participating in good faith compliance with this chapter; (2) Refusing to participate in providing a covered medication under this chapter; or (3) Being present when a qualified patient takes a covered medication. (b) Nothing in this chapter shall be interpreted to lower the applicable standard of care for the attending physician, consulting physician, psychiatrist, psychologist, or other health care provider participating in this chapter. (c) No request by a patient for a covered medication made in good-faith compliance with the provisions of this chapter shall provide the basis for the appointment of a guardian or conservator.  (Feb. 18, 2017, D.C. Law 21-182,  12, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  12 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.12. Claims by District government for costs incurred. If the District government incurs costs resulting from the death of a qualified patient ingesting a covered medication pursuant to this chapter in a public place, the District government shall have a claim against the estate of the qualified patient to recover such costs and reasonable attorney fees related to enforcing the claim.  (Feb. 18, 2017, D.C. Law 21-182,  13, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  13 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.13. Penalties. (a) A person who, without authorization of the patient, willfully alters or forges a request for a covered medication or conceals or destroys a rescission of a request for a covered medication with the intent or effect of causing the patient's death is punishable as a Class A felony. (b) A person who, without authorization of the patient, willfully coerces or exerts undue influence on a patient to request or ingest a covered medication with the intent or effect of causing the patient's death is punishable as a Class A felony.  (Feb. 18, 2017, D.C. Law 21-182,  14, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  14 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.14. Rules. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to:  (1) Develop the form to collect the medical record information required by  7-661.06; (2) Facilitate the collection of the medical record information required by  7-661.06; and (3) Provide for the return of and safe disposal of unused covered medications. (b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter, including rules to:  (1) Specify the recommended methods by which a qualified patient, who so desires, may notify first responders of his or her intent to ingest a covered medication; and (2) Establish training opportunities for the medical community to learn about the use of covered medications by qualified patients seeking to die in a humane and peaceful manner, including best practices for prescribing the covered medication.  (Feb. 18, 2017, D.C. Law 21-182,  15, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  15 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.15. Construction. (a) Nothing in this chapter may be construed to authorize a physician or any other person to end a patient's life by lethal injection, mercy killing, active euthanasia, or any other method or medication not authorized under this chapter. (b) Actions taken in accordance with this chapter do not constitute suicide, assisted suicide, mercy killing, or homicide. (c) Nothing in this chapter shall be construed to authorize a qualified patient to ingest a covered medication in a public place.  (Feb. 18, 2017, D.C. Law 21-182,  16, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  16 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.16. Freedom of Information Act exemption. The information collected by the Department pursuant to this chapter shall not be a public record and may not be made available for inspection by the public under subchapter II of Chapter 5 of Title 2, or any other law.   (Feb. 18, 2017, D.C. Law 21-182,  17, 63 DCR 15697.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.   A certification dated June 6, 2017, that the fiscal effect of the Death with Dignity Act of 2016, D.C. Law 21-182, has been included in an approved budget and financial plan was published in the D.C. Register on June 16, 2017 (64 DCR 5670). Therefore the creation of this section by that amendment has been implemented. Applicability of D.C. Law 21-182:  18 of D.C. Law 21-182 provided that the creation of this section by  17 of D.C. Law 21-182 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7661.17. Applicability. [Repealed] Repealed.  (Feb. 18, 2017, D.C. Law 21-182,  18, 63 DCR 15697; Dec. 13, 2017, D.C. Law 22-33,  7018(a), 64 DCR 7652.)  Applicability Section 7018 of D.C. Law 22-33 repealed  18 of D.C. Law 21-182. Therefore the creation of this section by D.C. Law 21-182 has been implemented.  Emergency Legislation  For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  18 of D.C. Law 21-182, see  7018 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7671.01. Definitions. For the purposes of this chapter, the term: (1) "Committee" means the Maternal Mortality Review Committee established in  7-671.02. (2) "Maternal mortality" means any pregnancy-related death or pregnancy-associated death. (3) "Personally identifiable information" means information that identifies any person or could be used to identify any person, including: (A) Prenatal, fetal, pediatric, and infant medical records; (B) Hospital discharge records; (C) Hospital or clinic records and laboratory reports; (D) Health insurance claim information; (E) Records of fetal deaths or induced termination of pregnancies; and (F) Records of public benefits, child abuse and neglect records, school records, mental health records, police reports, and autopsy reports. (4) "Pregnancy-associated death" means the death of a woman while the woman is pregnant or within one year after the end of the pregnancy, irrespective of the cause, other than a pregnancy-related death. (5) "Pregnancy-related death" means the death of a woman while the woman is pregnant or within one year after the end of the pregnancy, from any cause related to the pregnancy or its management, but not from accidental or incidental causes.  (June 5, 2018, D.C. Law 22-111,  2, 65 DCR 4278.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  2 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.02. Establishment and purpose. (a) There is established a Maternal Mortality Review Committee within the Office of the Chief Medical Examiner ("OCME"). The OCME shall provide facilities, staffing, and other administrative support for the Committee. (b) The Committee shall evaluate maternal mortalities, including associated factors: (1) That occur in the District; and (2) Of District residents, regardless of the place of death. (c) The Committee's duties shall include: (1) Identifying and characterizing the scope and nature of maternal mortalities in the District and of District residents; (2) Describing and recording any data or patterns that are observed surrounding maternal mortalities; (3) Examining past events and circumstances surrounding maternal mortalities by reviewing records and other pertinent documents of public agencies and private entities responsible for investigating maternal mortalities or treating pregnant women; (4) Developing and revising, as necessary, operating rules and procedures for the review of maternal mortalities, including identification of cases to be reviewed, coordination of records requests by the Committee, establishment of sub-committees as necessary, and improvement of the identification, data collection, and record keeping of the causes of maternal mortalities; (5) Recommending systemic improvements to promote improved and integrated public and private systems serving pregnant women in the District; (6) Recommending components for prevention and education programs; (7) Creating a strategic framework for improving maternal health outcomes for racial and ethnic minorities in the District, including reducing disparities in maternal mortality rates for racial and ethnic minorities; and (8) Recommending training for maternal health providers to improve the identification, investigation, and prevention of maternal mortalities. (d)(1) By July 1st of each year, the Committee shall make publicly available and submit to the Council and Mayor an annual report of its findings, recommendations, and steps taken to evaluate the implementation of past recommendations, which includes the following information: (A) A description of the causes of and contributing factors to maternal mortalities the Committee reviewed during the preceding calendar year; (B) A description of the state of maternal health in the District, including statistics and causes of maternal mortalities; and (C) Recommendations for systemic changes and legislation relating to the delivery of maternal health care in the District. (2) The annual report submitted pursuant to paragraph (1) of this subsection shall not contain any personally identifiable information, but may include aggregated data. (3) The Chief Medical Examiner shall annually, no later than 60 days after the annual report described in paragraph (1) of this subsection is made publicly available, convene a symposium at which the Chief Medical Examiner shall present the report to the public, District agencies implicated by the report's findings, the Deputy Mayors for Public Safety and Justice and Health and Human Services, any relevant health or policy stakeholders, and the Committee's representatives and members.  (June 5, 2018, D.C. Law 22-111,  3, 65 DCR 4278; Oct. 30, 2018, D.C. Law 22-168,  3054(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16,  3062(a), 66 DCR 8621.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  3 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3062(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  3062(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7671.03. Composition of the Maternal Mortality Review Committee. (a) The Mayor shall appoint at least one representative from each of the following agencies: (1) The Office of the Chief Medical Examiner; (2) The Department of Health; (3) The Department of Behavioral Health; (4) The Department of Health Care Finance; and (5) The Department of Human Services. (b) In addition to the appointments required by subsection (a) of this section, the Mayor shall appoint the following members in accordance with  1-523.01(f): (1) One person with experience in obstetrics and gynecology from each of the District's hospitals and birthing centers; (2) One representative from the American Congress of Obstetricians and Gynecologists; (3) One representative from the American College of Nurse-Midwives; (4) One obstetric registered nurse; (5) One certified nurse midwife; (6) One doula; (7) One representative from a pediatric hospital; (8) Three representatives from community organizations specializing in women's health, teen pregnancy, or public health; (9) One social worker specializing in women's health or maternal health; (10) One person who has been directly impacted by a maternal mortality; (11) One person who has been directly impacted by a near maternal mortality; (12) One anesthesiologist with experience in obstetrics; and (13) One neonatologist with experience with high-risk pregnancies. (c) The Committee shall select a Chairperson according to procedures set forth by the Committee. (d) The Committee shall establish quorum and other procedural requirements as it considers necessary. (e)(1) Members appointed pursuant to subsection (a) of this section shall serve at the pleasure of the Mayor. (2) Members appointed pursuant to subsection (b) of this section shall serve a 3-year term and may be removed by the Mayor for cause. Vacancies in membership shall be filled in the same manner in which the original appointment was made. (f) No member shall serve in a hold-over capacity for longer than 180 days after the expiration of the term to which they were appointed. (g) The Committee may invite other stakeholders to attend or present at any relevant portion of a Committee meeting.  (June 5, 2018, D.C. Law 22-111,  4, 65 DCR 4278; Sept. 11, 2019, D.C. Law 23-16,  3062(b), 66 DCR 8621; July 12, 2022, D.C. Law 24-147,  107(c), 69 DCR 003386.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  4 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3062(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  3062(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7671.04. Access to information. (a) Notwithstanding any other provision of law, immediately upon the request of the Committee and as necessary to carry out the Committee's purpose and duties, the Committee shall be provided, without cost and without authorization of the persons to whom the information or records relate, access to: (1) All information and records of: (A) Any District agency, or a District agency's contractors, including birth and death certificates, law enforcement investigation data, medical examiner investigation data, and autopsy reports; and (B) Health agencies that provided prenatal services to the woman; and (2) All information and records of any healthcare provider, healthcare facility, clinic, laboratory, or medical record department, including providers of mental health services who provided services to the deceased mother, that receives information related to maternal mortalities or prenatal care. (b) The Committee may seek information from entities and agencies outside the District by any legal means. (c)(1) Notwithstanding subsection (a)(1) of this section, information and records concerning a current law enforcement investigation may be withheld, at the discretion of the investigating authority, if disclosure of the information would compromise a criminal investigation. (2) If information or records are withheld under paragraph (1) of this subsection, a report on the status of the investigation shall be submitted to the Committee every 3 months until the earliest of the following events occurs: (A) The investigation is concluded and the information or records are provided to the Committee; or (B) The investigating authority determines that providing the information will no longer compromise the investigation and the information or records are provided to the Committee. (d)(1) The Committee may have access to personally identifiable information relating to maternal mortalities; provided, that the Committee shall not disclose personally identifiable information. (2) The Department of Health and the Committee may retain data on facilities where maternal mortalities occur for analytical purposes.  (June 5, 2018, D.C. Law 22-111,  5, 65 DCR 4278.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  5 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.05. Subpoena power. (a) When necessary for the discharge of its duties, the Committee may issue subpoenas to compel witnesses to appear, testify, or produce books, papers, correspondence, memoranda, documents, medical records, or other relevant records. (b) Except as provided in subsection (c) of this section, subpoenas shall be served personally upon the witness or the witness's designated agent, not less than 5 business days before the date the witness must appear or the documents must be produced, by a special process server, at least 18 years of age, engaged by the Committee. (c) If, after a reasonable attempt, personal service on a witness or a witness's agent cannot be effected, a special process server identified in subsection (b) of this section may serve a subpoena by registered or certified mail not fewer than 8 business days before the date the witness must appear, testify, or produce documents. (d) If a witness who has been personally summoned neglects or refuses to obey the subpoena issued pursuant to subsection (a) of this section, the Committee may report that fact to the Superior Court of the District of Columbia, and the court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court.  (June 5, 2018, D.C. Law 22-111,  6, 65 DCR 4278.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  6 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.06. Confidentiality of Committee information and meetings. (a) Except as provided in this section, information and records obtained or created by the Committee are confidential and not subject to civil discovery, or to disclosure from the Committee pursuant to subchapter II of Chapter 5 of Title 2. (b) Information and records presented to the Committee for review shall not be immune from subpoena, discovery, or prohibited from being introduced into evidence solely because they were presented to or reviewed by the Committee if the information and records have been obtained through other sources. (c) A person other than a Committee member who appears before or participates in the Committee's review of maternal mortalities shall sign a confidentiality agreement acknowledging that any information provided to the Committee is confidential; provided, that any such confidentiality agreement shall account for situations where disclosure is necessary for the person to comply with a request for information from the Committee. (d) Committee meetings shall be subject to subchapter IV of Chapter 5 of Title 2, except that Committee meetings shall be closed when the Committee is discussing cases of individual maternal deaths or where the identity of any person, other than a person who has expressly consented to be identified, can be ascertained. (e) Committee members may disclose information and records related to the Committee only as necessary to carry out the Committee's duties and purposes. (f) This section shall not be construed to prohibit a person from: (1) Disclosing information that the person obtained independently of the Committee; or (2) Disclosing information that is already public.  (June 5, 2018, D.C. Law 22-111,  7, 65 DCR 4278; Oct. 30, 2018, D.C. Law 22-168,  3054(b), 65 DCR 9388.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  7 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.07. Immunity from liability for providing information to the Committee. (a) Any person, hospital, or institution participating in good faith in providing information to the Committee pursuant to this chapter shall have immunity from administrative, civil, or criminal liability that might otherwise be incurred or imposed with respect to the disclosure of the information. In any such proceeding, there shall be a rebuttable presumption that the person, hospital, or institution that provided information to the Committee acted in good faith. (b) If acting in good faith, without malice, and within the parameters of the operating rules and procedures established pursuant to this chapter, members of the Committee are immune from civil liability for an activity related to reviews of maternal mortalities.  (June 5, 2018, D.C. Law 22-111,  8, 65 DCR 4278; Oct. 30, 2018, D.C. Law 22-168,  3054(c), 65 DCR 9388.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  8 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.08. Unlawful disclosure of information; penalties. Whoever knowingly discloses, receives, makes use of, or permits the use of information concerning a deceased woman or other person in violation of this chapter shall be subject to a civil fine of not more than $1,000. Violations of this chapter shall be prosecuted by the Office of the Attorney General or the Attorney General's designee in the name of the District of Columbia.  (June 5, 2018, D.C. Law 22-111,  9, 65 DCR 4278.)  Applicability Section 7033 of D.C. Law 22-168 repealed  10 of D.C. Law 22-111 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-111 has been given effect.  Applicability of D.C. Law 22-111:  10 of D.C. Law 22-111 provided that the creation of this section by  9 of D.C. Law 22-111 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7671.09. Applicability. [Repealed] Repealed.  (June 5, 2018, D.C. Law 22-111,  10, 65 DCR 4278; Oct. 30, 2018, D.C. Law 22-168,  7033, 65 DCR 9388.) 
 7681. Definitions. For the purposes of this chapter, the term: (1) "Department" means the Department of Health. (2) "Long-term care facility" shall have the same meaning as provided in  7-701.01(7). (3) "Long-term care services" shall have the same meaning as provided in  7-701.01(7A).  (Mar. 13, 2019, D.C. Law 22-238,  2, 66 DCR 594.)  Applicability  Applicability of D.C. Law 22-238:  7159 of D.C. Law 23-16 repealed  4 of D.C. Law 22-238. Therefore the creation of this section by D.C. Law 22-238 has been implemented.  Applicability of D.C. Law 22-238:  4 of D.C. Law 22-238 provided that the creation of this section by  2 of D.C. Law 22-238 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-238, see  7159 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-238, see  7159 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7682. Study of long-term care facilities and long-term care services. (a) The Department, in consultation with residents receiving long-term care services, providers of long-term care services, community advocates, and any other appropriate District agencies, shall conduct a study using a community-based participatory research framework to evaluate the availability of affordable long-term care facilities and long-term care services in the District. The study shall: (1) Review the availability of affordable long-term care facilities; (2) Evaluate the number of beds available at long-term care facilities; (3) Identify the payment sources accepted by long-term care facilities for the provision of long-term care services; (4) Develop an estimate of the number of District residents who receive long-term care services from long-term care facilities located in Virginia and Maryland; (5) Assess the availability of long-term care services provided to residents in the District; (6) Identify the number of residents receiving long-term care services in the District who transitioned in the preceding year to a long-term care facility either within or outside of the District; (7) Develop an estimate of the number of District residents who may require long-term care services over the next 10-year period; and (8) Recommend resources to ensure residents have access to affordable long-term care services in the District. (b) By February 1, 2019, the Department shall submit the study required pursuant to subsection (a) of this section to the Council.  (Mar. 13, 2019, D.C. Law 22-238,  3, 66 DCR 594.)  Applicability  Applicability of D.C. Law 22-238:  7159 of D.C. Law 23-16 repealed  4 of D.C. Law 22-238. Therefore the creation of this section by D.C. Law 22-238 has been implemented.  Applicability of D.C. Law 22-238:  4 of D.C. Law 22-238 provided that the creation of this section by  3 of D.C. Law 22-238 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment to Long-Term Care Facility reporting of positive cases, see  3(bb) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) Long-Term Care Facility reporting of positive cases, see  512 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) Long-Term Care Facility reporting of positive cases, see  512 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) Long-Term Care Facility reporting of positive cases, see  512 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) Long-Term Care Facility reporting of positive cases, see  512 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-238, see  7159 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-238, see  7159 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  Temporary Legislation  For temporary (225 days) amendment to Long-Term Care Facility reporting of positive cases, see  3(bb) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).   For temporary (225 days) Long-Term Care Facility reporting of positive cases, see  512 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) creation of 7-791, see  512 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). 
 7701.01. Definitions. For the purposes of this chapter, the term: (1) Administrator means the person who is responsible for the day-to-day operation and management of a long-term care facility, including, in the case of a community residence facility, the residence director. (2) Court means the Superior Court of the District of Columbia. (3) Department of Consumer and Regulatory Affairs means the District of Columbia Department of Consumer and Regulatory Affairs established pursuant to Reorganization Plan No. 1 of 1983. (3A) Department of Health, Health Regulations and Licensing Administration means the administrative office established in January 17, 2007 under the Department of Health. (4) Department of Human Services means the District of Columbia Department of Human Services established pursuant to Reorganization Plan No. 2 of 1979 and Reorganization Plan No. 3 of 1986. (4A) Department of Mental Health means the Department of Mental Health established as a separate cabinet-level agency pursuant to  7-1131.03. (5) Designee means a person who: (A) Has received a minimum of 15 hours of certified training in accordance with  7-702.04(a)(15); (B) Is an employee or volunteer of the program established pursuant to  7-702.01 or has written authorization to act on behalf of the ombudsman pursuant to  7-702.04(a)(3). (6) Director means the Executive Director of the District of Columbia Department of Aging and Community Living established by  7-503.02. (6A) Home care agency shall have the same meaning as provided in  44-501(a)(7). (7) Long-term care facility means: (A) A community residence facility as defined in  44-501(a)(4); (B) A nursing home as defined in  44-501(a)(3); or (C) An assisted living residence as defined in  44-101.01(4). (7A) Long-term care services means services and supports received at a long-term care facility and services provided to residents in the community who need a nursing home level of care and receive home health care through the Medicaid Elderly and Physically Disabled Waiver. (7B) "Office" means the Office of the Long-Term Care Ombudsman established by  7-702.02, including the ombudsman and any employees or volunteers designated by the ombudsman to fulfill the duties set forth in 45 C.F.R.  1324.19(a). (8) Department of Aging and Community Living means the District of Columbia Department of Aging and Community Living established by  7-503.01. (9) "Ombudsman" means the individual responsible for administering the Long-Term Care Ombudsman Program established by  7-702.01. (10) Person means an individual, an agent, a corporation, a partnership, or any other organizational entity. (11) Program means the District of Columbia Long-Term Care Ombudsman Program established by  7-702.01. (12) Record means: (A) Medical, social, personal, or financial information maintained by a health-care facility covered by the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, or by a District of Columbia (District) government agency that has responsibility for the care and maintenance of a resident in a long-term care facility; and (B) An administrative record, cost or incident report, or a report of a civil infraction, inspection, or deficiency maintained by a long-term care facility or a District government agency. (13) Resident means a resident of a long-term care facility or an individual receiving long-term care services from a home care agency through the Medicaid Elderly and Physically Disabled Waiver. (14) Representative of a resident means: (A) A person who is knowledgeable about the circumstances of a resident and has been designated by that resident to represent him or her; or (B) A person, other than a facility, who has been appointed by a court to administer the financial or personal affairs of a resident or to protect and advocate for the rights of a resident; or (C) The ombudsman or his or her designee, if no person has been designated or appointed in accordance with subparagraph (A) or (B) of this paragraph.  (Mar. 16, 1989, D.C. Law 7-218,  101, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(a), 57 DCR 12438; Mar. 14, 2012, D.C. Law 19-111,  2(a), 59 DCR 455; July 3, 2018, D.C. Law 22-125,  2(a), 65 DCR 5106; Mar. 29, 2019, D.C. Law 22-276,  3(f)(1), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-3501. Effect of Amendments D.C. Law 18-321 added pars. (3A) and (4A); in par. (5)(B), substituted Is an employee or volunteer for Is an employee; and, in par. (7), deleted or from the end of subpar. (A), substituted ; or for a period at the end of subpar. (B), and added subpar. (C). D.C. Law 19-111 added pars. (6A) and (7A); and rewrote par. (13), which formerly read: (13) Resident means a resident of a long-term care facility. References in Text The Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, referred to in paragraph (12), is D.C. Law 5-48. Editor's Notes Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111,  3, was repealed by D.C. Law 19-168,  7013.
 7702.01. Purpose and functions. There is established a Long-Term Care Ombudsman Program for the District of Columbia. The program shall provide a comprehensive continuum of advocacy services for older persons and other persons who are residents in the District, which shall include: (1) Advocating for the rights of older persons and other persons who are residents; (2) Investigating and resolving any complaint made by or on behalf of an older person or other person who is a resident; and (3) Monitoring the quality of care, services provided, and quality of life experienced by older persons and residents to ensure that the care and services are in accordance with applicable District and federal laws.  (Mar. 16, 1989, D.C. Law 7-218,  201, 36 DCR 534; July 3, 2018, D.C. Law 22-125,  2(b), 65 DCR 5106.)  Prior Codifications 1981 Ed.,  6-3511. Section References This section is referenced in  7-701.01.
 7702.02. Long-Term Care Ombudsman  appointment; vacancy. (a)(1) There is established within the Department of Aging and Community Living the Office of the Long-Term Care Ombudsman, which shall be headed by the ombudsman. Except as provided in subsection (b) of this section, the ombudsman shall be appointed by the Director. The ombudsman shall administer the Program in coordination with the Director or his or her designee. (2) The ombudsman shall be appointed for a term of 2 years and shall be a resident of the District. (b) The Director may contract with a nonprofit provider, other than the District government, to operate the program. The provider shall have experience advocating for the rights of older persons and residents. Before contracting with a nonprofit provider, the Director shall ensure that the provider does not have organizational conflicts in accordance with 45 C.F.R.  1324.21(b)(3). The ombudsman shall be an employee of the nonprofit provider. (c) The Director shall ensure that the following are provided to the ombudsman or his or her designee to implement the provisions of this chapter: (1) Legal counsel for advice and consultation; (2) Legal representation, if legal action is taken to implement the provisions of this chapter; and (3) Clerical and administrative support staff and materials. (d) In addition to the functions set forth in 45 C.F.R.  1324.13, the primary responsibility of the ombudsman or his or her designee shall be the investigation and resolution of any complaint made by or on behalf of a resident.  (Mar. 16, 1989, D.C. Law 7-218,  202, 36 DCR 534; July 3, 2018, D.C. Law 22-125,  2(c), 65 DCR 5106; Mar. 29, 2019, D.C. Law 22-276,  3(f)(2), 66 DCR 1721.)  Prior Codifications 1981 Ed.,  6-3512. Section References This section is referenced in  7-701.01.
 7702.03. Long-Term Care Ombudsman  Training and experience. (a) The ombudsman shall have training and experience in the following areas: (1) Gerontology, long-term care, health care, or relevant social services program; (2) The legal system; (3) Dispute resolution techniques, including investigation, mediation, or negotiation; and (4) Long-term care advocacy. (b) No person who has been employed by a long-term care facility or a corporation that directly or indirectly owned or operated a long-term care facility within the past 2 years shall be appointed or employed as the ombudsman. (b-1) No person who has been directly involved in the licensing or certification of any long-term care facility shall be appointed or employed as the ombudsman. (b-2) No person who has been employed by or participated in the management of a long-term care facility within the previous 12 months shall be appointed or employed as the ombudsman. (c) Neither the ombudsman nor any member of his or her immediate family shall have any pecuniary interest in a long-term care facility.  (Mar. 16, 1989, D.C. Law 7-218,  203, 36 DCR 534; July 3, 2018, D.C. Law 22-125,  2(d), 65 DCR 5106.)  Prior Codifications 1981 Ed.,  6-3513.
 7702.04. Long-Term Care Ombudsman  Powers and duties. (a) The ombudsman shall: (1) Receive, investigate, and resolve complaints or concerns made by or on behalf of residents; (2) Promote the well-being and quality of life of each resident; (3) Encourage the development and the expansion of the activities of the program in all wards of the District, sufficient to serve the residents in those wards; (4) By January 1, 2019, and on an annual basis thereafter, submit the report described in 45 C.F.R.  1324.13(g); (5) Enter into, as necessary, written agreements of understanding, cooperation, and collaboration with any District government agency that provides funding, oversight, or inspection of, or operates a long-term care facility; (6) Establish and implement program policies and procedures to elicit, receive, investigate, verify, refer, and resolve residents complaints; (7) Develop an on-going program for publicizing the program; (8) Identify, document, and address solutions to problems affecting residents; (9) Serve as the legal representative for residents, pursuant to  44-1003.02(e), 44-1003.03(a)(1), and 44-1003.07(a) and (b); (10) Repealed. (11) Establish a uniform system to record data on complaints and conditions relating to long-term care services; (12) Monitor, analyze, and make recommendations regarding the development and implementation of District and federal laws, rules, regulations, and other governmental policies and actions pertaining to the health, safety, welfare, and rights of residents; (13) Make specific recommendations to the operator or agent of the operator of any long-term care facility, whenever the ombudsman believes that conditions exist that adversely affect residents' health, safety, welfare, or rights, in accordance with the disclosure requirements set forth in section 712g(d) of the Older Americans Act of 1965, approved September 30, 1992 (106 Stat. 1195; 42 U.S.C.  3058g(d)), and 45 C.F.R.  1324.11(e)(3)); (14) Report to the appropriate enforcement agency any act of an operator of a long-term care facility or home care agency that the ombudsman believes to be a violation of an applicable federal or District law, regulation, or rule, in accordance with the disclosure requirements set forth in section 712g(d) of the Older Americans Act of 1965, approved September 30, 1992 (106 Stat. 1195; 42 U.S.C.  3058g(d)), and 45 C.F.R.  1324.11(e)(3); (15) Establish and conduct a training program for persons employed by or associated with the program, which shall include training in the following areas: (A) The review of medical records; (B) Regulatory requirements for long-term care facilities; (C) Confidentiality of records; (D) Techniques of complaint investigation; (E) The effects of institutionalization; and (F) The special needs of the elderly; (16) Provide ongoing support as requested by residents and family councils to protect the well-being and rights of residents; (17) Establish and maintain procedures to protect the confidentiality of the records of residents and long-term care facilities where access is authorized pursuant to  7-703.02; (18) Prohibit any employee, designee, or representative of the program from investigating any complaint or representing the ombudsman, unless that person has received training in accordance with paragraph (15) of this subsection; (19) Designate local ombudsman programs to act on behalf of the ombudsman within specific geographical areas; and (20) Perform any other acts required by 45 C.F.R.  1324.13 and 1324.19. (b) No person, agency, or long-term care facility shall obstruct the ombudsman or his or her designee from the lawful performance of any duty or the exercise of any power.  (Mar. 16, 1989, D.C. Law 7-218,  204, 36 DCR 534; Feb. 5, 1994, D.C. Law 10-68,  18, 40 DCR 6311; Mar. 12, 2011, D.C. Law 18-321,  2(b), 57 DCR 12438; Mar. 14, 2012, D.C. Law 19-111,  2(b), 59 DCR 455; Sept. 26, 2012, D.C. Law 19-171,  54(a), 59 DCR 6190; July 3, 2018, D.C. Law 22-125,  2(e), 65 DCR 5106.)  Prior Codifications 1981 Ed.,  6-3514. Section References This section is referenced in  7-701.01 and  7-702.06. Effect of Amendments D.C. Law 18-321 rewrote subsecs. (a)(1), (4), (6); repealed subsec. (a)(10); in subsec. (a)(11), substituted Establish a uniform system to record data on complaints and conditions relating to long-term care services; for Establish a system for coordinating a uniform District-wide system to record data on complaints and conditions in long-term care facilities;; and, in subsec. (a)(13), substituted conditions exist that adversely affect residents health, safety, welfare, or rights; for conditions which adversely affect the health, safety, welfare, or rights of a resident exist within the long-term care facility;. D.C. Law 19-111, in subsec. (a)(1), substituted Receive, investigate, for Investigate; and, in subsec. (a)(14), substituted long-term care facility or home care agency for long-term care facility. The 2012 amendment by D.C. Law 19-171 validated a previously made punctuation change in (a)(6). Editor's Notes Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111,  3, was repealed by D.C. Law 19-168,  7013.
 7702.05. Complaint investigation. (a) The ombudsman and his or her designee shall have access to any record that is necessary to carry out his or her responsibilities under this chapter. (b) The ombudsman or his or her designee may initiate an investigation of a long-term care facility independent of the receipt of a specific complaint.  (Mar. 16, 1989, D.C. Law 7-218,  205, 36 DCR 534.)  Prior Codifications 1981 Ed.,  6-3515.
 7702.06. Confidentiality of records and identities of residents. (a) The program shall protect the confidentiality of the records (electronic or hard copy) of the residents and employees. (b) No information or records (electronic or hard copy) maintained by the program shall be disclosed to the public. (c) Except as provided in subsection (d) of this section, the program shall not disclose the identity of any complainant, resident involved in a complaint, witness, or representative of a resident, unless the complainant, resident, or representative of a resident authorizes the disclosure. (d) A court may order the disclosure of information made confidential under this chapter if it determines that the disclosure is necessary to enforce this chapter. (e) A communication between a resident and a person who has access under  7-703.01 shall be confidential, unless the resident authorizes the release of the communication or unless disclosure is authorized under  7-702.04(a)(1) or subsection (d) of this section.  (Mar. 16, 1989, D.C. Law 7-218,  206, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(c), 57 DCR 12438; Sept. 26, 2012, D.C. Law 19-171,  54(b), 59 DCR 6190.)  Prior Codifications 1981 Ed.,  6-3516. Effect of Amendments D.C. Law 18-321, in subsecs. (a) and (b), substituted records (electronic or hard copy) for records; in subsec. (c), substituted Except as provided in subsection (d) of this section, the program for the program; and added subsecs. (d) and (e). The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
 7702.07. Immunity from liability. (a) No employee, designee, or representative of the program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts. (b) Repealed. (c) No communication made by the ombudsman or his or her designee, if reasonably related to the requirements of his or her responsibilities, shall be subject to civil action. (d) Repealed.  (Mar. 16, 1989, D.C. Law 7-218,  207, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(d), 57 DCR 12438.)  Prior Codifications 1981 Ed.,  6-3517. Effect of Amendments D.C. Law 18-321 repealed subsecs. (b) and (d); and, in subsec. (c), substituted action for action for libel or slander.
 7703.01. Access to long-term care facilities. (a) The operator of a long-term care facility shall permit the ombudsman or his or her designee access to the facility to: (1) Visit, talk with, or make personal, social, or legal services available to all residents, or investigate complaints; (2) Inform residents of their rights or entitlements, and corresponding obligations under applicable federal and District law by means of distribution of educational materials or discussion in groups and with individual residents; (3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, social security benefits, or other matters in which residents are aggrieved; and (4) Inspect all areas of the facility, except the living area of a resident who protests inspection. (b) Access under this section shall be permitted to the ombudsman or his or her designee 24 hours a day, 7 days a week. (c) Upon entering a long-term care facility in accordance with this section, the ombudsman or his or her designee shall promptly advise 1 of the following persons of his or her presence: (1) The administrator or acting administrator; (2) The residence director; or (3) Another available supervisory agent of the facility. (d) A person who has access under this section shall not enter the living area of a resident without identifying him or herself to the resident and receiving the permission of the resident to enter. (e) A resident shall have the right to terminate, at any time, any visit by a person or representative of the program who has access under this section. (f) Repealed. (g) No resident shall be punished or harassed by the operator of a facility or an agent or employee of the operator of the facility because of efforts of the resident to avail himself or herself of his or her rights pursuant to this chapter. (h) A written notice, prescribed by the ombudsman, that describes the rights of a resident pursuant to this chapter and the telephone number of the ombudsman shall be posted in a conspicuous place at or near the entrance to the long-term care facility and on each floor of the facility. (i) The operator of a long-term care facility shall provide each resident a personal written copy of the notice required under subsection (h) of this section. Each new resident shall be provided a written copy of the notice upon admission. (j) If a resident cannot read the notice required under subsection (h) of this section, the contents of the notice shall be communicated to that resident orally and in writing. (k) The written notice required under subsection (h) of this section shall be provided in the appropriate language to those residents who do not speak or understand English. (l) A notation that personal notice, as required by subsection (i) of this section, has been provided shall be entered in the clinical record of each resident. (m) Nothing in this section shall be construed to restrict any right or privilege of a resident to receive a visitor who is not a representative of a community organization, legal services program, or the program.  (Mar. 16, 1989, D.C. Law 7-218,  301, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(f), 57 DCR 12438.)  Prior Codifications 1981 Ed.,  6-3521. Section References This section is referenced in  7-702.06. Effect of Amendments D.C. Law 18-321, in subsec. (b), substituted to the ombudsman or his or her designee 24 hours a day, 7 days a week for between the hours of 8:00 a.m. and 8:00 p.m. daily, unless the nature of the complaint requires investigation at other times; and repealed subsec. (f), which had read as follows: (f) A communication between a resident and a person who has access under this section shall be confidential, unless the resident authorizes the release of the communication.
 7703.02. Access to records. (a) Each District agency shall provide cooperation, assistance, data, and the access to records necessary to enable the ombudsman to perform his or her duties under this chapter and other applicable federal and District law. This section shall not be construed to supercede the laws or rules governing access to unexpurgated arrest records maintained by the Metropolitan Police Department or interfere with ongoing criminal investigations. (b) The ombudsman or his or her designee shall have the same access that is provided to the Mayor to review, inspect, or photocopy the records of a resident of a facility covered by  44-501 et seq., or  44-1001.01 et seq., to carry out the provisions of this chapter. (c) The ombudsman or his or her designee may request a subpoena pursuant to  1-301.21, to obtain access to records covered by this section. (d) An owner, employee, or agent of a long-term care facility who lawfully discloses information or permits access to records pursuant to this section shall not be liable for civil penalties or criminal prosecution. (e) An owner, employee, or agent of a long-term care facility or home care agency subject to 45 CFR  164.500 through 164.534 (the Health Insurance Portability and Accountability Act privacy regulation), shall release records to the program as an exempt health oversight agency.  (Mar. 16, 1989, D.C. Law 7-218,  302, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(g), 57 DCR 12438; Mar. 14, 2012, D.C. Law 19-111,  2(c), 59 DCR 455.)  Prior Codifications 1981 Ed.,  6-3522. Section References This section is referenced in  7-702.04 and  7-704.01. Effect of Amendments D.C. Law 18-321 added subsec. (e). D.C. Law 19-111, in subsec. (e), substituted long-term care facility or home care agency for long-term care facility. Editor's Notes Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111,  3, was repealed by D.C. Law 19-168,  7013.
 7703.03. Visits to the home of a resident. The Ombudsman may communicate and visit with a resident who receives home care services; provided, that the Ombudsman obtains permission from the resident or a representative of the resident to enter the residents home.  (Mar. 16, 1989, D.C. Law 7-218,  303; as added Mar. 14, 2012, D.C. Law 19-111,  2(d), 59 DCR 455.)  Emergency Legislation For temporary (90 day) repeal of section 3 of D.C. Law 19-111, see  7013 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) repeal of section 3 of D.C. Law 19-111, see  7013 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Editor's Notes Section 3 of D.C. Law 19-111 provided: Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111,  3, was repealed by D.C. Law 19-168,  7013.
 7704.01. Enforcement; penalties. (a) Civil fines, penalties, or related costs may be imposed against any long-term care facility, owner, executive officer, administrator, employee, or agent, for the violation of any provision of this chapter or any rule issued pursuant to this chapter. (b) Procedures for adjudication and enforcement and applicable civil fines, penalties, or costs shall be those prescribed for a Class 2 civil infraction, pursuant to Chapter 18 of Title 2. (c) If the ombudsman or his or her designee knowingly violates  7-703.06 by releasing a confidential document, record, or other information obtained pursuant to  7-703.02(b), the ombudsman or his or her designee may be prosecuted for a misdemeanor and, upon conviction, subject to a fine of not more than $1,500, imprisonment for not more than 30 days, or both. (d) No person shall take discriminatory, disciplinary, or retaliatory action against an employee of a long-term care facility or agency, resident, or resident representative for filing in good faith a complaint with, or providing information to, the ombudsman or his designees. A person who violates this provision, or who aids, abets, invites, compels, or coerces another to do so, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000, imprisonment not to exceed 180 days, or both. This subsection shall not infringe upon the rights of an employer to supervise, discipline, or to terminate an employee for other reasons. (e) A person who knowingly denies access to the ombudsman or his or her designee in violation of subchapter III of this chapter, or aids, abets, invites, compels, or coerces another to do so, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000, imprisonment not to exceed 180 days, or both.  (Mar. 16, 1989, D.C. Law 7-218,  401, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(h), 57 DCR 12438.)  Prior Codifications 1981 Ed.,  6-3531. Effect of Amendments D.C. Law 18-321 added subsecs. (d) and (e).
 7705.01. Injunctive relief. A resident, a representative of a resident, the ombudsman, or the Attorney General may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a long-term care facility from violating a provision of subchapter II or III of this chapter or any rule issued by the Mayor pursuant to this chapter.  (Mar. 16, 1989, D.C. Law 7-218,  501, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(i), 57 DCR 12438.)  Prior Codifications 1981 Ed.,  6-3541. Section References This section is referenced in  7-705.03. Effect of Amendments D.C. Law 18-321 substituted Attorney General for Corporation Counsel.
 7705.02. Civil action for damages. (a) A resident, a representative of a resident, or the ombudsman, on behalf of a resident, may bring an action in court to recover actual and punitive damages for an injury that results from a violation of subchapter II or III of this chapter, or any rule issued by the Mayor pursuant to this chapter. Upon proof of a violation, the resident shall be awarded 3 times the actual damages or $1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000. (b) The first $7,000 of a damage award recovered by a resident in an action brought under this section shall be excluded from consideration when determining the eligibility of the resident for Medicaid, the amount of assistance the resident is entitled to under Medicaid, or the assets of the resident that the District may subject to a lien, set-off, or other legal process for the purpose of satisfying indebtedness created by the receipt of Medicaid or other public assistance payments.  (Mar. 16, 1989, D.C. Law 7-218,  502, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321,  2(j), 57 DCR 12438.)  Prior Codifications 1981 Ed.,  6-3542. Section References This section is referenced in  7-705.03. Effect of Amendments D.C. Law 18-321, in subsec. (a), substituted $1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000 for $100, whichever is greater, and may be awarded punitive damages of up to $5,000; and, in subsec. (b), substituted $7,000 for $3,000.
 7705.03. Court costs and attorneys fees. The court shall award costs and reasonable attorneys fees to a resident who prevails in an action brought under  7-705.01 or  7-705.02.  (Mar. 16, 1989, D.C. Law 7-218,  503, 36 DCR 534.)  Prior Codifications 1981 Ed.,  6-3543.
 7706.01. Rules. Within 90 days of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.  (Mar. 16, 1989, D.C. Law 7-218,  601, 36 DCR 534.)  Prior Codifications 1981 Ed.,  6-3551. Delegation of Authority Delegation of authority under D.C. Law 7-218, the District of Columbia Long-Term Care Ombudsman Program Act of 1988, see Mayors Order 89-86, April 28, 1989.
 7731.01. Health data collection and reporting. (a)(1) The Department of Health ("Department") shall participate in the Behavioral Risk Factor Surveillance System ("BRFSS"). (2) The Department shall annually publish a detailed report on the results of the BRFSS on its website. (3) The Department shall include questions related to the sexual orientation, gender identity, and gender expression of respondents in its BRFSS questionnaire. (A) The Department shall give preference to any modules or questions approved by the U.S. Centers for Disease Control and Prevention. (B) The Department may develop its own questions related to the sexual orientation, gender identity, or gender expression of respondents to add to the BRFSS. (b)(1) The Department shall annually publish a comprehensive report on the health of the District's LGBTQ community in coordination with the Office of Gay, Lesbian, Bisexual, and Transgender Affairs, pursuant to  2-1383(b)(10). (2) At least every 3 years, the comprehensive report shall include data collected from the BRFSS. (3) Each report shall compare the prevalence of health-related risk behaviors, chronic health conditions, and use of preventive services among the LGBTQ population with the general population, and where possible, LGBTQ sub-populations. (4) The Department shall post the report on its website. (c) For the purposes of this section: (1) "Behavioral Risk Factor Surveillance System" means the national telephone survey conducted by state health departments and coordinated by the U.S. Centers for Disease Control and Prevention to collect state data about residents regarding their health-related risk behaviors, chronic health conditions, and use of preventive services, or a similar successor survey. (2) "LGBTQ" shall have the same meaning as provided in  2-1381.  (Oct. 3, 2001, D.C. Law 14-28,  4902a; as added Apr. 11, 2019, D.C. Law 22-291,  2, 66 DCR 1687.) 
 7731. Exclusive agency powers. (a) Notwithstanding the licensing powers and responsibilities given to other District of Columbia agencies and officials in subchapters I-A and I-B of Chapter 28 of Title 47 of the District of Columbia Code, the Department of Health, as established by Reorganization Plan No. 4 of 1996, effective July 17, 1996 (part A of subchapter XIV of Chapter 15 of Title 1), shall be the exclusive agency to: (1) Regulate allied health care professionals and social service professionals; (2) Regulate occupational and professional conduct and standards for health care and social service professionals, including investigating, licensing, and enforcing applicable laws and regulations; (3) Regulate actions that affect the physical environment and ensure compliance with applicable federal and District laws and rules that govern the uses and practices that affect the physical environment, including air resources management, water resources management, stormwater management, soil resources management, hazardous waste, pesticides, lead poison program implementation, asbestos program management, underground storage tank regulation, aquatic and wildlife resources management, medical waste management, low-level radioactive waste control, and toxic chemical control; (4) Regulate health care facilities and social service facilities; (5) Regulate food service establishments, including, but not limited to, retailers and wholesalers of food and food products, grocery stores, restaurants, food vendors, dairies, patent medicine outlets, ice cream manufacturers, candy manufacturers, bottling establishments, wholesale and retail seafood dealers, delicatessens, and bakeries; (5A) Regulate food labeling, pursuant to  48-303; (6) Regulate pharmacies and pharmacy personnel; (7) Determine which drugs and other substances shall be classified as controlled substances, and identify persons and facilities that handle, manage, distribute, dispense, and conduct research with controlled substances; (8) Regulate radiological and medical devices; (9) Regulate the manufacture, distribution, and dispensing of controlled substances; (10) Regulate the operation of barber shops, beauty salons, and body art establishments; (11) Regulate swimming pools; (12) Regulate massage and health spa establishments; (13) Regulate animal disease control and rodent control; and (14) Perform any other functions expressly described in Reorganization Plan No. 4 of 1996, as construed in light of all documents formally made a part of Reorganization Plan No. 4 of 1996 pursuant to  1-315.05. (a-1)(1) The Department of Health shall conduct a minimum of 3 inspections per year of the environmental conditions at the Central Detention Facility, Correctional Treatment Facility, and Central Cell Block. For the purposes of this subsection, the term environmental conditions shall include temperature control, ventilation, and sanitation. (2) The Department of Health shall submit the report of each inspection conducted pursuant to paragraph (1) of this subsection to the Council and the Mayor within 30 days of the inspection. (b) For the purpose of this section, the term regulate shall include all licensing, certification, investigation, inspection, permitting, registration, and enforcement functions, including the issuance of civil infractions, except that the Department of Consumer and Regulatory Affairs shall continue to issue licenses for businesses engaged in functions as set forth in subsection (a)(3), (a)(5), (a)(10), (a)(11), and (a)(12) of this section. (c) The Mayor shall establish fees to implement this section. All fines and fees collected pursuant to this section shall be deposited as nonlapsing funds in the Department of Health Regulatory Enforcement Fund to the credit of the administration within the Department of Health responsible for collecting the fees to support the activities of those programs, except that fines and fees collected pursuant to Chapter 21 of Title 8 shall be deposited in the Rodent Control Fund. After September 30, 2002, fines and fees generated through rodent control activities shall be deposited in the Department of Health Regulatory Enforcement Fund. (d) Notwithstanding any provision in this section or any other District law, the Mayor may regulate the manufacture, cultivation, distribution, dispensing, possession, and administration of medical marijuana as authorized in Chapter 16B of this title.  (Oct. 3, 2001, D.C. Law 14-28,  4902, 48 DCR 6981; Jan. 30, 2004, D.C. Law 15-62,  2, 50 DCR 6574; July 27, 2010, D.C. Law 18-210,  3(b), 57 DCR 4798; Oct. 23, 2012, D.C. Law 19-193,  2, 59 DCR 10388; Feb. 22, 2019, D.C. Law 22-212,  202, 65 DCR 12927; Apr. 27, 2021, D.C. Law 23-274,  1101, 68 DCR 001034; Nov. 13, 2021, D.C. Law 24-45,  7209(a), 68 DCR 010163.)  Section References This section is referenced in  7-733 and  7-733.01. Effect of Amendments D.C. Law 15-62 added subsec. (a-1). D.C. Law 18-210 added subsec. (d). The 2012 amendment by D.C. Law 19-193 substituted beauty salons, and body art establishments for and beauty salons in (a)(10). Applicability Section 7209 of D.C. Law 24-45 repealed the applicability provision of section 1501 of D.C. Law 23-274 that impacted this section. Therefore the amendment of this section by Law 23-274 has been implemented.  Section 7209 of D.C. Act 24-159 repealed the applicability provision of section 1501 of D.C. Law 23-274 that impacted this section. Therefore the amendment of this section by Law 23-274 has been implemented.  Applicability of D.C. Law 23-274:  1501 of D.C. Law 23-274 provided that the change made to this section by  1101 of D.C. Law 23-274 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition of section, see  2 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4402 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see  3 of Central Detention Facility Monitoring Emergency Amendment Act of 2003 (D.C. Act 15-76, April 16, 2003, 50 DCR 3637). For temporary (90 day) amendment of section, see  3 of Central Detention Facility Monitoring Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-132, July 29, 2003, 50 DCR 6847). For temporary (90 day) amendment of section, see  2 of Jail Improvement Emergency Amendment Act of 2003 (D.C. Act 15-188, October 24, 2003, 50 DCR 9495). For temporary (90 day) addition of sections, see  5013, 5015 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of sections, see  5013, 5015 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) addition of D.C. Law 14-28,  4941 to 4947 concerning Health Occupation Advisory Committees, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). Temporary Legislation For temporary (225 day) amendment of section, see  3 of Central Detention Facility Monitoring Temporary Amendment Act of 2003 (D.C. Law 15-30, October 4, 2003, law notification 50 DCR 9483). Editor's Notes Section 2 of D.C. Law 23-120 provided that the National Capital Poison Center shall be the District of Columbia's designated poison control center.  For Not-for-Profit Hospital Corporation reporting requirements to Council, see  5016 of D.C. Law 19-168. For Office of the Deputy Mayor for Health and Human Services reporting requirements to Council, see  5015 of D.C. Law 19-168. Delegation of Authority Delegation of Authority Pursuant to the Department of Health Functions Clarification Act of 2001, see Mayors Order 2005-81, May 25, 2005 ( 52 DCR 5510). Delegation of Authority Pursuant to the Department of Health Functions Clarification Act of 2001 to Regulate Barber Shops, Beauty Salons, and Massage and Spa Establishments, see Mayors Order 2006-10, January 27, 2006 ( 53 DCR 2711a). Delegation of authority pursuant to D.C. Law 14-28, the Department of Health Functions Clarification Act of 2001, see Mayors Order 2007-63, March 8, 2007 ( 54 DCR 7789).
 7732. Regulatory Enforcement Fund. [Repealed] Repealed.  (Oct. 3, 2001, D.C. Law 14-28,  4903, 48 DCR 6981; Oct. 28, 2003, D.C. Law 15-38,  3(g), 50 DCR 6913; Nov. 13, 2003, D.C. Law 15-39,  1602, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105,  45, 51 DCR 881; Sept. 14, 2011, D.C. Law 19-21,  9079, 58 DCR 6226.)  Section References This section is referenced in  7-733.01 and  7-743. Emergency Legislation For temporary (90 day) addition of section, see  3 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4403 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see  1602 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see  3(g) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see  1602 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). Short Title Short title of title XVI of Law 15-39: Section 1601 of D.C. Law 15-39 provided that title XVI of the act may be cited as the Department of Health Functions Clarification Amendment Act of 2003.
 7733.01. Deposit of fees. (a) Beginning with fiscal year 2007, the Mayor shall ensure that all fees and fines received from enforcement and regulation of the activities described in  7-731 shall be deposited in the Regulatory Enforcement Fund as required by  7-731(c). (b) Beginning with fiscal year 2007, the Mayor shall ensure that all licensing fees, civil fines, and interest relating to the practice of health occupations in the District shall be deposited in the Health Occupations Regulations Fund as required by  7-732 [repealed].  (Oct. 3, 2001, D.C. Law 14-28,  4904a; as added Oct. 20, 2005, D.C. Law 16-33,  5052, 52 DCR 7503.)  Emergency Legislation For temporary (90 day) addition, see  5052 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). Short Title Short title of subtitle F of title V of Law 16-33: Section 5051 of D.C. Law 16-33 provided that subtitle F of title V of the act may be cited as the Department of Health Functions Clarification Amendment Act of 2005.
 7733.02. Board of Pharmacy Fund. (a)(1) There is established, as a nonlapsing fund in the Department of Health, the Board of Pharmacy Fund (Fund), to be administered by the Mayor as an agency fund, as defined in  47-373(2)(I), into which all licensing fees, civil fines, and interest earned relating to the practice of pharmaceutical detailing, and any other funds, as directed by law, shall be deposited and used for the administration of the Board of Pharmacy. (2) For the purposes of this subsection, the term practice of pharmaceutical detailing shall have the same meaning as provided in  3-1201.02(11A). (b) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available to the Department of Health for the uses and purposes set forth in subsection (a) of this section, subject to authorization by Congress.  (Oct. 3, 2001, D.C. Law 14-28,  4904b; as added Mar. 26, 2008, D.C. Law 17-131,  103, 55 DCR 1659.)  Delegation of Authority Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayors Order 2008-83, June 11, 2008 ( 55 DCR 9360).
 7733. Health Occupations Regulation Fund. (a) There is established as a nonlapsing, revolving fund in the Department of Health the Health Occupations Regulation Fund (Fund), to be administered by the Mayor as an agency fund as defined in  47-373(2)(I), to which all licensing fees, civil fines, and interest relating to the practice of health occupations in the District of Columbia shall be deposited and credited; except, that the Master License Fee collected by the Department of Consumer and Regulatory Affairs for the activities described in  7-731 shall be deposited into the Master Business License Fund established by  47-2851.13, to the credit of the Department of Consumer and Regulatory Affairs. (b) Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available to the Department of Health for the uses and purposes set forth in subsection (c) of this section, subject to authorization by Congress in an appropriations act. (c) Subject to the applicable laws relating to the appropriation of District of Columbia funds, monies received by and deposited in the Health Occupations Regulation Fund shall be for the sole use of the boards established pursuant to Chapter 12 of Title 3, and from it shall be paid all salaries and all other expenses necessary in carrying out the duties of the boards. The Mayor shall be responsible for the deposit and expenditure of these monies. (d) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Health Occupations Regulation Fund. The Mayors budget request shall be based on an estimated projection of the expenditures necessary to perform the administrative and regulatory functions of the boards established pursuant to Chapter 12 of Title 3.  (Oct. 3, 2001, D.C. Law 14-28,  4904, 48 DCR 6981.)  Emergency Legislation For temporary (90 day) addition of section, see  4 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4404 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
 7734. Public Health Laboratory fees. The Mayor is authorized to establish a schedule of fees for forms and for performing laboratory analysis of biological and environmental samples obtained from humans, animals, or various environmental media for the purpose of identifying environmental contaminants and performing epidemiological surveillance, including for cases of lead poisoning, tuberculosis, rabies, and sexually transmitted diseases. The schedule of fees may account for the provision of bulk services and may distinguish between services provided to individuals and organizations. The schedule of fees may be developed on a sliding scale based on a persons or organizations ability to pay for laboratory analysis, or may be waived in cases of extreme need.  (Oct. 3, 2001, D.C. Law 14-28,  4905, 48 DCR 6981; Mar. 27, 2003, D.C. Law 14-257,  2, 50 DCR 244.)  Effect of Amendments D.C. Law 14-257 rewrote the first sentence which had read: The Mayor is authorized to establish a schedule of fees for performing laboratory analysis of biological and environmental samples obtained from humans, animals, or various environmental media for the purpose of identifying environmental contaminants and performing epidemiological surveillance for cases of lead poisoning, tuberculosis, rabies, and sexually transmitted diseases. Emergency Legislation For temporary (90 day) addition of section, see  5 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4405 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see  2 of Public Health Laboratory Fee Emergency Amendment Act of 2002 (D.C. Act 14-390, June 21, 2002, 49 DCR 6083). For temporary (90 day) amendment of section, see  2 of Public Health Laboratory Fee Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-479, October 3, 2002, 49 DCR 9579). Temporary Legislation For temporary (225 day) amendment of section, see  2 of Public Health Laboratory Fee Temporary Amendment Act of 2002 (D.C. Law 14-208, October 19, 2002, law notification 49 DCR 10464).
 7735. Public Health Laboratory Fund. [Repealed] Repealed.  (Oct. 3, 2001, D.C. Law 14-28,  4906, 48 DCR 6981; Sept. 14, 2011, D.C. Law 19-21,  9078(a), 58 DCR 6226.)  Emergency Legislation For temporary (90 day) addition of section, see  6 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4406 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
 7736.01. Grant authority. (a) For fiscal year 2010, the Director of the Department of Health shall have the authority to issue grants to qualified community organizations for the purposes of conducting health promotion, preventing disease, and providing health services; provided, that any grant in excess of $250,000 shall be awarded through a competitive process unless otherwise authorized under law. (b) The Department of Health shall submit a quarterly report to the Council on all grants issued pursuant to the authority granted in subsection (a) of this section. (c) For fiscal year 2014, the Director of the Department of Health shall have the authority to issue grants to: (1) Qualified community organizations for the purpose of providing the following services: (A) Ambulatory health services for an amount not to exceed $3,236,980; (B) Poison control hotline and prevention education services for an amount not to exceed $350,000; (C) Operations and primary care services for school-based health clinics for an amount not to exceed $2,250,000; and (D) Clinical nutritional home delivery services for individuals living with cancer and other life-threatening diseases; and (2) Organizations for the purpose of providing the following programs and services: (A) A teen pregnancy prevention program for an amount not to exceed $400,000; (B) Programs designed to promote healthy development in girls attending public and chartered schools in grades 9 through 12 located in areas of the city possessing the highest rates of teen pregnancy and highest enrollment in state-funded health programs in the District of Columbia, not to exceed $400,000; (C) Farmers market incentive programs, not to exceed $200,000; (D) Food-pantry services, not to exceed $52,000; (E) Wildlife rehabilitation services, not to exceed $250,000; (F) Mother-to-child (vertical) HIV transmission programs and services, not to exceed $50,000; and (G) Nonprofit organizations dedicated to preventing any of the following chronic diseases, not to exceed $850,000: (i) Asthma; (ii) Cancer; (iii) Diabetes; (iv) Hypertension; (v) Kidney disease; and (vi) Obesity. (d)(1) All grants issued pursuant to subsection (c) of this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [ 1-328.11 et seq.]. (2) The Department of Health shall submit a quarterly report to the Secretary to the Council on all grants issued pursuant to the authority granted in subsection (c) of this section and any grant in excess of $250,000 shall be awarded through a competitive process unless otherwise authorized by law. (e)(1) Through Fiscal Year 2015, the Director of the Department of Health may issue grants totaling $ 1,550,000 to District of Columbia HIV prevention programs for a combination of HIV prevention interventions. These interventions shall include HIV screening in clinical and non-clinical settings and effective behavioral programs. (2) Through Fiscal Year 2015, the Director of the Department of Health may issue HIV prevention grants for a combination of HIV prevention interventions that include: (A) HIV screening; (B) Harm reduction; (C) Social network HIV screening; (D) Partner services; (E) Faith-based initiatives; (F) Youth peer education; and (G) Other health-education services for adolescents and older adults. (3) For the purposes of this subsection, the term faith-based initiative means a program to encourage and support places of worship in delivering HIV prevention messages that promote safe-sex practices, educate people about HIV, and promote HIV screening. (4) In Fiscal Year 2015, the Director of the Department of Health shall issue a competitive grant totaling $480,000 to a qualified community-based nonprofit corporation or organization for the creation of a comprehensive concussion care protocol for children. (f) For Fiscal Year 2015, the Director of the Department of Health may issue grants to qualified community organizations to provide: (1) Clinical nutritional home delivery services for individuals living with cancer and other life-threatening diseases; (2) Ambulatory health services; (3) Poison control hotline and prevention education services; (4) Operations and primary care services for school-based health clinics; and (5) A teen pregnancy prevention program. (g)(1) All grants issued pursuant to subsections (e) and (f) of this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [ 1-328.11 et seq.]. (2) The Department of Health shall submit a quarterly report to the Secretary to the Council on all grants issued pursuant to the authority granted in subsections (e) and (f) of this section. (h)(1) For Fiscal Year 2016, the Director of the Department of Health shall have the authority to issue grants to qualified community organizations for the purpose of providing the following services: (A) Programs designed to promote healthy development in girls attending public and chartered schools in grades 8-12 located in areas of the city possessing the highest rates of teen pregnancy and highest enrollment in state-funded health programs in the District, not to exceed $569,000; (B) Clinical nutritional home delivery services for individuals living with cancer and other life-threatening diseases, not to exceed $150,000; and (C) Programs designed to support teen peer educators who work to provide sexual health information and condoms to youth, not to exceed $157,000. (2) All grants issued pursuant to paragraph (1) of this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [ 1-328.11 et seq.]. (3) The Department of Health shall submit a quarterly report to the Secretary to the Council on all grants issued pursuant to the authority granted in paragraph (1) of this subsection. (i) For Fiscal Year 2017, the Director of the Department of Health shall have the authority to issue grants to qualified community organizations for the purpose of providing the following services: (1) Programs designed to improve food access: (A) Through mobile, vehicle-based farm stands that operate at regularly scheduled stops, provide recipes and cooking demonstrations, and distribute locally produced food to communities in underserved communities, not to exceed $50,000; and (B) By delivering fresh produce to small retailers and corner store owners that operate in underserved communities, not to exceed $250,000; (2) A Farmers Market Subsidy program aimed at establishing healthy dietary habits, providing incentives for farmers to locate in low-income communities, and reducing chronic illness in District residents by providing monetary assistance for the purchase of fresh fruits and vegetables to those receiving federal assistance, not to exceed $1,200,000; (3) Programs designed to support teen peer educators who work to provide sexual health information and condoms to youth, not to exceed $150,000; and (4) Programs designed to promote healthy development in girls attending public and chartered schools in grades 8-12 located in areas of the city possessing the highest rates of teen pregnancy and highest enrollment in state-funded health programs in the District, not to exceed $500,000. (j) For Fiscal Year 2017, the Director of the Department of Health shall issue grants totaling $100,000 to nonprofit pediatric dental clinics to provide oral health literacy and awareness programming. (k)(1) All grants issued pursuant to subsections (i) and (j) of this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1. (2) The Department of Health shall submit a quarterly report to the Secretary to the Council on all grants issued pursuant to the authority granted in subsections (i) and (j) of this section. (l)(1) For Fiscal Year 2021, the Director of the Department of Health shall have the authority to award one or more competitive grants in an amount not to exceed $250,000 to fund an initiative to connect prenatal care for residents in Wards 7 and 8 to labor and delivery options in other parts of the District. (2) In establishing the criteria for the award of grants pursuant to paragraph (1) of this subsection, the Department shall prioritize community-based initiatives that: (A) Offer peer support networks; (B) Provide co-management of the patient's treatment; (C) Arrange for access to maternal and fetal medicine specialty services; (D) Utilize a health information exchange; and (E) Furnish financial assistance with transportation needs.  (Oct. 3, 2001, D.C. Law 14-28,  4907a; as added Mar. 3, 2010, D.C. Law 18-111,  5011, 57 DCR 181; Dec. 24, 2013, D.C. Law 20-61,  5062, 60 DCR 12472; June 26, 2014, D.C. Law 20-117,  6, 61 DCR 2032; Feb. 26, 2015, D.C. Law 20-155,  5012(a), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36,  5042, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160,  5122, 63 DCR 10775; Dec. 3, 2020, D.C. Law 23-149,  5062, 67 DCR 10493.)  Effect of Amendments The 2013 amendment by D.C. Law 20-61 added (c) and (d). The 2014 amendment by D.C. Law 20-117 rewrote (c)(1) and (d)(2). The 2015 amendment by D.C. Law 20-155 added (e), (f), and (g). The 2015 amendment by D.C. Law 21-36 added (h). Emergency Legislation For temporary (90 day) addition, see  5011 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see  5011 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) amendment of section, see  2 of Department of Health Functions Clarification Emergency Amendment Act of 2010 (D.C. Act 18-601, November 17, 2010, 57 DCR 11037). For temporary (90 day) amendment of section, see  2 of Department of Health Functions Clarification Emergency Amendment Act of 2011 (D.C. Act 19-258, December 21, 2011, 58 DCR 11226). For temporary (90 day) amendment of section, see  2 of the Department of Health Functions Clarification Emergency Amendment Act of 2012 (D.C. Act 19-391, July 13, 2012, 59 DCR 8501). For temporary addition of (c), see  2 of (D.C. Act 19-503, October 26, 2012, 59 DCR 12759), applicable October 11, 2012. For temporary (90 days) amendment of this section, see  2 of the Dept. of Health Grant Making Authority Emergency Act of 2013 (D.C. Act 20-53, April 17, 2013, 60 DCR 6386, 20 DCSTAT 1401). For temporary (90 days) amendment of this section, see  5062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see  5062 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) amendment of this section, see  2 and 3 of the Department of Health Grant-Making Authority for Clinical Nutritional Home Services Emergency Amendment Act of 2013 (D.C. Act 20-217, November 20, 2013, 60 DCR 16524, 20 STAT 2607). For temporary (90 days) amendment of this section, see  5012(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5012(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5012(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) addition of this section, see  5042 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Temporary Legislation Section 2 of D.C. Law 18-304 amended subsec. (a) to read as follows: (a) For fiscal years 2011 through 2014, the Director of the Department of Health shall have the authority to issue grants to Unity Health Care, Incorporated, for the purposes of conducting health promotion, preventing disease, and providing health-care services.; and repealed subsec. (b). Section 4(b) of D.C. Law 18-304 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 19-197 added subsection (c) to read as follows: (c)(1) For fiscal year 2012, the Director of the Department of Health shall have the authority to issue grants to existing District of Columbia HIV prevention programs in the amount of $331,000 for a combination of HIV prevention interventions that include HIV screening in clinical and non-clinical settings, as well as effective behavioral approaches critical in the fight against HIV/AIDS and, through fiscal year 2014, HIV prevention grants in the amount of $1.2 million for a combination of HIV prevention interventions that include: (A) HIV screening; (B) Harm reduction; (C) Social network HIV screening; (D) Partner services; (E) Faith-based initiatives; (F) Youth peer education; and (G) Other health-education services for adolescents and older adults. (2) For the purposes of this subsection, the term: (A) AIDS means acquired immune deficiency syndrome. (B) Faith-based initiative means a program to engage places of worship in delivering HIV prevention messages that promote safe-sex practices, educate people about HIV, and promote HIV screening. (C) Harm reduction means a model of behavior change that proposes an incremental approach to reduce the harm posed by certain behavior that can be applied to substance abuse or HIV. (D) HIV means human immunodeficiency virus. (E) Partner services means public-health intervention performed by disease- intervention specialists who follow up with a person newly diagnosed with a sexually transmitted disease to share information on persons who may have been exposed to the same infection with which the patient has been diagnosed. Section 4(b) of D.C. Law 19-197 provided that the act shall expire after 225 days of its having taken effect. For temporary (225 days) amendment of this section, see  2 of the Department of Health Grant-Making Authority Temporary Amendment Act of 2013 (D.C. Law 20-10, July 13, 2013, 60 DCR 7234, 20 DCSTAT 1755). For temporary (225 days) amendment of this section, see  2 of the Department of Health Grant-Making Authority for Clinical Nutritional Home Services Temporary Amendment Act of 2013 (D.C. Law 20-70, February 22, 2014, 61 DCR 24). Short Title Short title: Section 5010 of D.C. Law 18-111 provided that subtitle B of title V of the act may be cited as the Department of Health Grant Authority Amendment Act of 2009. Section 5061 of D.C. Law 20-61 provided that Subtitle G of Title V of the act may be cited as the Department of Health Functions Clarification Amendment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Applicability of D.C. Law 20-117: Section 18 of D.C. Law provided that the act shall apply as of October 1, 2013.
 7736.02. Communicable and Chronic Disease Prevention and Treatment Fund. (a) There is established as a special fund the Communicable and Chronic Disease Prevention and Treatment Fund (Fund), to be administered by the Department of Health in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from the following sources related to the prevention and treatment of communicable and chronic diseases by the Department of Health: (1) Third-party payors; (2) Sliding-fee scale collections; and (3) Other collections. (c) The Fund shall be used for operations necessary to provide communicable and chronic disease prevention and treatment services. (d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Oct. 3, 2001, D.C. Law 14-28,  4907b; as added Feb. 26, 2015, D.C. Law 20-155,  5012(b), 61 DCR 9990.)  Emergency Legislation For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
 7736.03. Communicable disease fees. (a) The Director of the Department of Health may establish a schedule of fees for the prevention and treatment of communicable diseases, including HIV/AIDS, hepatitis, sexually transmitted diseases, and tuberculosis to be provided to any individual who presents for prevention or treatment services, regardless of health insurance coverage or ability to pay. The Director may periodically revise the schedule of fees and may establish a sliding fee scale, based on income, for uninsured individuals. The fees, including any sliding fee scale, shall be published in the District of Columbia Register. (b) The Director may seek reimbursement from any third-party payor for services provided relating to the prevention and treatment of communicable diseases.  (Oct. 3, 2001, D.C. Law 14-28,  4907c; as added by Feb. 26, 2015, D.C. Law 20-155,  5012(b), 61 DCR 9990.)  Emergency Legislation For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) addition of this section, see  5012(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
 7736. Disbursements from the Laboratory Fund. [Repealed] Repealed.  (Oct. 3, 2001, D.C. Law 14-28,  4907, 48 DCR 6981; Sept. 14, 2011, D.C. Law 19-21,  9078(b), 58 DCR 6226.)  Emergency Legislation For temporary (90 day) addition of section, see  7 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4407 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
 7737. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Oct. 3, 2001, D.C. Law 14-28,  4908, 48 DCR 6981.)  Emergency Legislation For temporary (90 day) addition of section, see  8 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see  4408 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). Delegation of Authority Delegation of Authority Pursuant to the Department of Health Functions Clarification Act of 2001 to Regulate Barber Shops, Beauty Salons, and Massage and Spa Establishments, see Mayors Order 2006-10, January 27, 2006 ( 53 DCR 2711a). Delegation of Authority under D.C. Law 14-28, the Department of Health Functions Clarification Act of 2001, see Mayors Order 2006-34, March 12, 2006 ( 53 DCR 5073). Resolutions Resolution 15-510, the Air Quality Control Regulation Implementing Sections 182 and 185 of the Federal Clean Air Act Emergency Approval Resolution of 2004, was approved effective April 4, 2004. Resolution 15-512, the Air Quality Control Regulation Implementing the Severe Area Non-attainment Requirements of the Federal Clean Air Act Emergency Approval Resolution of 2004, was approved effective April 4, 2004.
 7741.01. Definitions.  For the purposes of this subchapter, the term: (1) "Electronic smoking device" means any product, including one composed of a heating element, battery, or electronic circuit, that contains or delivers nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term "electronic smoking device" includes any such product, regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or by any other product name or descriptor. (1A) Enclosed area means all the space between a floor and ceiling that is enclosed on all sides by solid walls or windows or doors, exclusive of doorways, that extend from the floor to the ceiling. (2) Place of employment means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer, if the vehicle is used by more than one person, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility. (3) Public place means an enclosed area to which the public is invited or in which the public is permitted, including banks, educational facilities, health care facilities, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, nightclubs, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility. (4) "Smoking" means the inhaling, exhaling, burning, or carrying of a lightedor heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form. (5) Tobacco bar means a restaurant, tavern, brew pub, club, or nightclub that generates 10% or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines, or the rental of on-site humidors.  (Oct. 3, 2001, D.C. Law 14-28,  4915; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087; Feb. 18, 2017, D.C. Law 21-189,  2, 63 DCR 14370.)  Prior Codifications 2001 Ed.,  7-741. Cross References Restrictions on tobacco smoking, see  7-1701 et seq. Emergency Legislation  For temporary (90 days) amendment of this section, see  2(a) of Department of Health Functions Clarification Emergency Amendment Act of 2019 (D.C. Act 23-83, July 16, 2019, 66 DCR 8272).  Temporary Legislation  For temporary (225 days) amendment of this section, see  2(a) of Department of Health Functions Clarification Temporary Amendment Act of 2019 (D.C. Law 23-23, Sept. 11, 2019, 66 DCR 9730). 
 7741.02. Smoking prohibitions; inspections. The Department of Health is authorized to conduct inspections of all places of employment and public places to ensure that the activity of smoking in such places, which is hereby prohibited, is not taking place, except that: (1) Between April 4, 2006, and January 1, 2007, the smoking prohibition set forth in this section shall not apply to a brew pub, club, nightclub, or tavern as those entities are defined in  25-101 or the bar and bar area of a restaurant. This exception shall not apply to an indoor restaurant table of a restaurant, as defined in  25-101. (2) After January 1, 2007, the exception described in paragraph (1) of this section shall expire and smoking shall be prohibited in all places of employment and public places at all times. (3) The places described in this chapter shall be required to post signs pursuant to  7-1704 and in accordance with regulations issued pursuant to subchapter I of Chapter 17 of this title or any other District law.  (Oct. 3, 2001, D.C. Law 14-28,  4916; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087.)  Prior Codifications 2001 Ed.,  7-742. Cross References Restrictions on tobacco smoking, see  7-1701 et seq.
 7741.03. Exemptions.  *NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) The following places shall be exempt from the provisions of this subchapter: (1) A retail store that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment; provided, that it does not share space with any other establishment; (2) A tobacco bar; (3) An outdoor area of a restaurant, tavern, club, brew pub, or nightclub; (4) A hotel room or motel room rented to one or more guests; (5) A medical treatment, research, or nonprofit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; (6) Theatrical productions; (7) The establishment occupying the ground level of 1120 9th Street, N.W. (b) A hotel licensed under  25-113 shall be exempt from the provisions of this part once a year for one day for the purposes of hosting a special event which permits cigar smoking; provided, that the hotel shall: (1) Notify the Department of Health in writing in advance of the event; (2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under  7-732 [repealed]; and (3) Permit employees to opt out of working the special event with no penalty.  (Oct. 3, 2001, D.C. Law 14-28,  4917; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087; Sept. 14, 2011, D.C. Law 19-21,  5102, 58 DCR 6226; Oct. 17, 2022, D.C. Act 24-556,  2, 0 DCR 0.)  Prior Codifications 2001 Ed.,  7-743. Effect of Amendments D.C. Law 19-21 designated the existing text as subsec. (a); and added subsec. (b). Emergency Legislation  For temporary (90 days) amendment of this section, see  2 of Department of Health Functions Clarification Emergency Amendment Act of 2022 (D.C. Act 24-556, Oct. 17, 2022, 0 DCR 0).   For temporary (90 days) amendment of this section, see  2 of Department of Health Functions Clarification Emergency Amendment Act of 2021 (D.C. Act 24-251, Dec. 22, 2021, 68 DCR 014065).   For temporary (90 days) amendment of this section, see  2(b) of Department of Health Functions Clarification Emergency Amendment Act of 2019 (D.C. Act 23-83, July 16, 2019, 66 DCR 8272).  For temporary (90 day) amendment of section, see  2 of Special Event Exemption Emergency Amendment Act of 2010 (D.C. Act 18-326, March 9, 2010, 57 DCR 2200). For temporary (90 day) amendment of section, see  5042 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599). For temporary (90 day) amendment of section, see  3 of Revised Fiscal Year 2012 Budget Support Technical Clarification Emergency Amendment Act of 2011 (D.C. Act 19-157, October 4, 2011, 58 DCR 8688). Temporary Legislation  For temporary (225 days) amendment of this section, see  2 of Department of Health Functions Clarification Temporary Amendment Act of 2021 (D.C. Law 24-100, Mar. 15, 2022, 69 DCR 000595).   For temporary (225 days) amendment of this section, see  2(b) of Department of Health Functions Clarification Temporary Amendment Act of 2019 (D.C. Law 23-23, Sept. 11, 2019, 66 DCR 9730).  Section 2 of D.C. Law 18-167 designated the existing text as subsec. (a) and added subsec. (b) to read as follows: (b) A hotel licensed under D.C. Official Code  25-113(e) shall be exempt from the provisions of this part once a year for one day for the purposes of hosting a special event which permits cigar smoking; provided, that the hotel: (1) Notifies the Department of Health in writing in advance of the special event; (2) Has a ballroom or special event catering space with an occupancy of 500 or more persons; (3) Permits employees to opt out of working the special event with no penalty; and (4) Pays a fee of $250 to be remitted to the Department of Health Regulatory Enforcement Fund established under section 4903.. Section 4(b) of D.C. Law 18-167 provided that the act shall expire after 225 days of its having taken effect. Section 3 of D.C. Law 19-53 rewrote subsec. (b) to read as follows: (b) A hotel licensed under D.C. Official Code  25-113 shall be exempt from the provisions of this part once a year for one day for the purposes of hosting a special event that permits cigar smoking; provided, that the hotel shall: (1) Notify the Department of Health in writing in advance of the event; (2) Have a ballroom or special-event-catering space with an occupancy of 500 or more persons; (3) Pay a fee of $250 to be remitted to the Regulatory Enforcement Fund as established under section 4903; (4) Permit employees to opt out of working the special event with no penalty; and (5) Have been the recipient of a similar exemption between January 1, 2008, and October 1, 2011.. Section 15(b) of D.C. Law 19-53 provided that the act shall expire after 225 days of its having taken effect. Short Title Short title: Section 5101 of D.C. Law 19-21 provided that subtitle K of title V of the act may be cited as Special Events Exemption Amendment Act of 2011.
 7741.04. Penalties. An employer or person who willfully violates the requirements of this chapter by: (1) Smoking in a prohibited area shall be subject to a fine of not less than $100 or more than $1,000; subsequent offenses shall be subject to a fine of not less than $200 or more than $1,000; (2) Obscuring, removing, defacing, mutilating or destroying any sign posted in accordance with the provisions of this chapter shall be subject to a fine of $500; or (3) Failing to post or maintain warning signs describing the prohibited activity and failing to notify a person observed to be smoking to stop the activity, as required by this subsection, shall be subject to a fine of $500; each day that a violation continues shall constitute a separate offense.  (Oct. 3, 2001, D.C. Law 14-28,  4918; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087.)  Prior Codifications 2001 Ed.,  7-744.
 7741.05. Economic hardship waiver. (a) The Mayor may grant an economic hardship waiver from the requirements of this subchapter; provided, that prior to the granting of a waiver, the applicant establishes, to the satisfaction of the Mayor, that compliance with the requirements of this subchapter has caused or will cause undue financial hardship. An economic hardship waiver shall be based on regulations issued in accordance with  7-741.07. (b) Notwithstanding any other provision of law, places of employment and public places where smoking is permitted pursuant to subsection (a) of this section shall: (1) Have been in existence on or before January 1, 2007; (2) Not permit smoking in an area that exceeds 25% of the total area, if the place of employment or public place is a restaurant as defined in  25-101; and (3) Be subject to conditions or restrictions as may be necessary to minimize the adverse effects of smoking and shall be consistent with the general purpose of this subchapter.  (Oct. 3, 2001, D.C. Law 14-28,  4919; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087.)  Prior Codifications 2001 Ed.,  7-745.
 7741.06. Employee rights and protections. (a) Places of employment and enclosed public places that permit smoking pursuant to this chapter shall not require employees to work in smoking areas provided that an employee requests to work solely in non-smoking areas. (1) An employee who is aggrieved by a violation of this subsection shall have a private cause of action against the owner, manager, or person in charge of the place of employment or public place. (2) An employee shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes to resolve a violation of this subsection prior to commencing a civil action. (b) An owner, manager, or other person responsible for a place of employment or public place that permits smoking under this subchapter shall not: (1) Require an employee to work in a smoking area; provided, the employee requests to work in the non-smoking area only; (2) Discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment on the basis that the employee or applicant requested to work in a non-smoking area; or (3) Discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports a violation of this chapter. (c) An employee who is aggrieved by a violation of this section shall be entitled to recover damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorneys fee as part of the costs.  (Oct. 3, 2001, D.C. Law 14-28,  4920; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087.)  Prior Codifications 2001 Ed.,  7-746.
 7741.07. Rulemaking. The Mayor is authorized to promulgate rules necessary to implement this chapter. Any proposed regulations issued pursuant to this chapter shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution within this 60-day review period, the proposed rules shall be deemed approved.  (Oct. 3, 2001, D.C. Law 14-28,  4921; as added Apr. 4, 2006, D.C. Law 16-90,  2(b), 53 DCR 1087.)  Prior Codifications 2001 Ed.,  7-747. Section References This section is referenced in  7-741.05.
 7742.01. Definitions.  For the purposes of this subchapter, the term: (1) CFBR means the Cottage Food Business Registry within the Department of Health. (2) Cottage food business means a business that: (A) Produces or packages cottage food products in a residential kitchen; (B) Sells the cottage food products in accordance with  7-742.02 and regulations adopted by the Department of Health; and (C) Repealed. (D) Has obtained a home occupancy permit from the Department of Consumer and Regulatory Affairs pursuant to section 203 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR Section 203). (2A) "Cottage food business identification number and certificate" means the unique identifier for tracking cottage food businesses and the certificate evidencing status as a cottage food business. (3) Cottage food product means a non-potentially hazardous food, as specified in regulations adopted by the Department of Health, that is sold to consumers, including through direct, retail, and online sales, within the District of Columbia in accordance with  7-742.02 and regulations adopted by the Department of Health. (4) Department means the Department of Health. (5) "Food establishment" shall have the same meaning as provided in  48-102(5).  (Oct. 3, 2001, D.C. Law 14-28,  4932; Oct. 3, 2001, D.C. Law 14-28,  4931; as added Jan. 25, 2014, D.C. Law 20-63,  2, 60 DCR 16530; Mar. 10, 2020, D.C. Law 23-61,  2(a), 67 DCR 572; June 24, 2020, D.C. Law 23-116,  5, 67 DCR 5081; July 12, 2022, D.C. Law 24-147,  130(5), 69 DCR 003386.)  Prior Codifications 2001 Ed.,  7-749.01. Effect of Amendments The 2014 amendment by D.C. Law 20-63 added this section. Emergency Legislation For temporary (90 days) amendment of D.C. Law 20-63,  3, see  7003 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Editor's Notes Applicability of D.C. Law 20-63: Section 3 of D.C. Law 20-63 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-63: Section 3 of D.C. Law 20-63, as amended by D.C. Law 21-36,  7003, provided that the act shall apply as of October 1, 2015.
 7742.02. Cottage food businesses. (a) This section shall not: (1) Apply to a food establishment that is required to have a license under Department regulations; or (2) Exempt a cottage food business from any applicable District or federal tax laws. (b)(1) A cottage food business shall register with the Cottage Food Business Registry within the Department before beginning operation. (2) The Department may perform an inspection of the cottage food business before that business may sell its cottage food products. (3) The Department shall issue a cottage food business identification number and certificate to each registered cottage food business. Upon receipt of a cottage food business identification number and certificate, the cottage food business shall be authorized to produce, package, and sell the temperature control for safety food products on the approved food products list issued by the Department, set forth in section 103.5 of Title 25-K of the District of Columbia Municipal Regulations (25-K DCMR 103.5). The cottage food business shall not produce, package, or sell any food products that are not allowed by the Department nor use any processes and activities that are not allowed by the Department. (4) The Department shall have the authority to enter the premises of a cottage food business registered with the CFBR to conduct a pre-operational inspection and to investigate complaints pertaining to the sale or preparation of cottage food products pursuant to subsection (d) of this section. (c) The owner of a cottage food business may sell only cottage food products that are: (1) Stored on the premises of the cottage food business; and (2) Prepackaged with a label that contains the following information: (A) The cottage food business identification number; (B) The name of the cottage food product; (C) The ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (D) The net weight or net volume of the cottage food product; (E) Allergen information as specified by federal labeling requirements; (F) If any nutritional claim is made, nutritional information as specified by federal labeling requirements; and (G) The following statement printed in 10-point or larger type in a color that provides a clear contrast to the background of the label: Made by a cottage food business that is not subject to the District of Columbia's food safety regulations. (d)(1) The Department may investigate any complaint alleging that a cottage food business has violated this section. (2) On receipt of a complaint, a representative of the Department, at a reasonable time, may enter and inspect the premises of a cottage food business to determine compliance with this section. (3) The owner of a cottage food business may not: (A) Refuse to grant access to a representative who requests to enter and inspect the premises of the cottage food business under paragraph (2) of this subsection; or (B) Interfere with any inspection under paragraph (2) of this subsection. (4) An investigation of a cottage food business conducted under this subsection may include sampling of a cottage food product to determine if the cottage food product is misbranded or adulterated. (e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. The proposed regulations shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution within this 60-day review period, the proposed rules shall be deemed approved.  (Oct. 3, 2001, D.C. Law 14-28,  4932; Oct. 3, 2001, D.C. Law 14-28,  4932; as added Jan. 25, 2014, D.C. Law 20-63,  2, 60 DCR 16530; Mar. 10, 2020, D.C. Law 23-61,  2(b), 67 DCR 572.)  Prior Codifications 2001 Ed.,  7-749.02. Effect of Amendments The 2014 amendment by D.C. Law 20-63 added this section. Emergency Legislation For temporary (90 days) amendment of D.C. Law 20-63,  3, see  7003 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Editor's Notes Applicability of D.C. Law 20-63: Section 3 of D.C. Law 20-63 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-63: Section 3 of D.C. Law 20-63, as amended by D.C. Law 21-36,  7003, provided that the act shall apply as of October 1, 2015.
 7742.03. Cottage food prepared or stored in a private home. (a) Food prepared or stored in a private home shall not be used or offered for human consumption in a food establishment, except as provided in section 3806 of Title 25-A of the District of Columbia Municipal Regulations (25-A DCMR 3806) or when prepared by a cottage food business in accordance with  7-742.02(a). (b) A food establishment shall not include a cottage food business operating in accordance with  7-742.02(a).  (Oct. 3, 2001, D.C. Law 14-28,  4932; as added Mar. 10, 2020, D.C. Law 23-61,  2(c), 67 DCR 572.) 
 7743.01. Generally. (a) The Department of Health shall oversee the Health Occupation Advisory Committees established under this subchapter. (b) All appointments to the Health Occupation Advisory Committees shall be made by the Director of the Department of Health. (c) The Department of Health shall provide facilities and other administrative support for the Health Occupation Advisory Committees, as determined by the Director. (d) The Health Occupation Advisory Committees shall review applications for licensure to practice upon request of the Board of Medicine. The Health Occupation Advisory Committees shall submit their respective recommendations to the Board of Medicine for action. (e) For the purposes of this subchapter, the term: (1) Board of Medicine means the Board of Medicine established pursuant to  3-1202.03(a). (2) Health Occupation Advisory Committees means the advisory committees established pursuant to this subchapter.  (Oct. 3, 2001, D.C. Law 14-28,  4941; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.02. Advisory Committee on Acupuncture. (a) There is established an Advisory Committee on Acupuncture to consist of 5 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) Three non-physician acupuncturists licensed in the District; (3) A consumer member. (b) Of the appointees to the Advisory Committee on Acupuncture other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Acupuncture shall develop and submit to the Board of Medicine guidelines for licensing acupuncturists and regulating the practice of acupuncture in the District. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Acupuncture shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Acupuncture shall meet at least annually to review guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4942; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.03. Advisory Committee on Anesthesiologist Assistants. (a) There is established an Advisory Committee on Anesthesiologist Assistants to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) An anesthesiologist licensed in the District with experience working with anesthesiologist assistants; and (3) An anesthesiologist assistant licensed in the District. (b) Of the appointees to the Advisory Committee on Anesthesiologist Assistants other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Anesthesiologist Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating anesthesiologist assistants in the District. The guidelines shall set forth the actions that anesthesiologist assistants may perform under the direct supervision of a licensed anesthesiologist, who shall be responsible for the overall medical direction of the care and treatment of patients. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Anesthesiologist Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Anesthesiologist Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4943; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.04. Advisory Committee on Naturopathic Medicine. (a) There is established an Advisory Committee on Naturopathic Medicine to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A licensed physician with experience in naturopathic medicine or in working with naturopathic physicians; and (3) A licensed naturopathic physician. (b) Of the appointees to the Advisory Committee on Naturopathic Medicine other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Naturopathic Medicine shall develop and submit to the Board of Medicine guidelines for licensing naturopathic physicians and regulating the practice of naturopathic medicine in the District. (2)(A) Guidelines approved by the Board of Medicine  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Naturopathic Medicine shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Naturopathic Medicine shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4944; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.05. Advisory Committee on Physician Assistants. (a) There is established an Advisory Committee on Physician Assistants to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A physician or osteopath licensed in the District with experience working with physician assistants; and (3) A physician assistant licensed in the District. (b) Of the appointees to the Advisory Committee on Physician Assistants other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Physician Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating physician assistants in the District. The guidelines shall set forth the actions that physician assistants may perform in collaboration with a licensed physician or osteopath, who shall be responsible for the overall medical direction of the care and treatment of patients and the level of collaboration required for each action. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Physician Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Physician Assistants shall meet at least annually to review guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4945; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.06. Advisory Committee on Polysomnography. (a) There is established an Advisory Committee on Polysomnography to consist of 3 members as follows: (1) The Director of the Department of Health, or his or her designee; and (2) Two polysomnographic technologists licensed in the District. (b) Of the appointees to the Advisory Committee on Polysomnography other than the Director, one shall serve an initial term of 2 years and one shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Polysomnography shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees may perform. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Polysomnography shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Polysomnography shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4946; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.07. Advisory Committee on Surgical Assistants. (a) There is established an Advisory Committee on Surgical Assistants to consist of 5 members as follows: (1) The Director of the Department of Health, or his or her designee; (2) A surgeon licensed in the District with experience working with surgical assistants; and (3) Three surgical assistants licensed in the District. (b) Of the appointees to the Advisory Committee on Surgical Assistants other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Surgical Assistants shall develop and submit to the Board of Medicine guidelines for licensing and regulating surgical assistants in the District. The guidelines shall set forth the actions that surgical assistants may perform in collaboration with a licensed surgeon, who shall be responsible for the overall medical direction of the care and treatment of patients. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Surgical Assistants shall submit revised guidelines to the Board of Medicine by June 22, 2015. (3) The Advisory Committee on Surgical Assistants shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4947; as added May 2, 2015, D.C. Law 20-271,  202(b), 62 DCR 1884.)  Emergency Legislation For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) creation of this section, see  202(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
 7743.08. Advisory Committee on Athletic Trainers. (a) There is established an Advisory Committee on Athletic Trainers to consist of 5 members as follows: (1) The Director of the Department of Health, or his or her designee; and (2) Four athletic trainers licensed in the District. (b) Of the appointees to the Advisory Committee on Athletic Trainers other than the Director, 2 shall serve an initial term of 2 years and 2 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c)(1) The Advisory Committee on Athletic Trainers shall develop and submit to the Board of Medicine guidelines for licensing, registration, and regulation of athletic trainers in the District. The guidelines shall set forth the education and experience requirements for registration and licensure and the actions that athletic trainers may perform. (2)(A) Guidelines approved by the Board of Medicine under  3-1202.03 shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine. (B) The Advisory Committee on Athletic Trainers shall submit revised guidelines to the Board of Medicine by October 1, 2019. (3) The Advisory Committee on Athletic Trainers shall meet at least annually to review the guidelines and make necessary revisions for submission to the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4948; as added Apr. 11, 2019, D.C. Law 22-300,  3, 66 DCR 2024.) 
 7743.09. Advisory Committee on Maternal Care Professionals. (a)(1) There is established an Advisory Committee on Maternal Care Professionals ("Advisory Committee") to consist of 7 members as follows: (A) The Director of the Department of Health, or designee; (B) Two certified professional midwives, as that term is defined in  3-1201.01[(1D)]; (C) One doula, as that term is defined in  3-1201.01(6C); (D) One licensed physician who is an obstetrician certified by the American Board of Obstetrics and Gynecology and who has professional experience working with certified professional midwives or other community-based midwives; (E) One certified nurse-midwife or certified midwife, as those terms are defined in  3-1201.01[(1C)] and (1B-i), who has worked in a non-hospital setting or who has professional experience working with certified professional midwives; and (F) One consumer member who has experience with either midwifery or doula services. (2) Individuals appointed in accordance with paragraph (1) of this subsection who are required to be licensed or certified shall be licensed or certified to practice their respective professions in the District. (b) Of the appointees to the Advisory Committee, other than the Director of the Department of Health, 3 shall serve an initial term of 2 years and 3 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years. (c) The Advisory Committee shall advise the Board of Medicine on: (1) Certifying doulas and regulating the practice of doulas in the District; (2) Regulating the practice of certified professional midwifery in the District and developing guidelines for licensing certified professional midwives that shall: (A) Be consistent with the standards of practice and ethical conduct established by the National Association of Certified Professional Midwives and the North American Registry of Midwives ("NARM"); provided, that these practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a certified professional midwife or certified nurse-midwife; (B) Define expected standards of practice and conduct; (C) Specify a process for a certified professional midwife to obtain appropriate screening and testing for clients, including laboratory tests, urinalysis, and ultrasounds; (D) Specify a process for a certified professional midwife to obtain and administer antihemorrhagic agents, including: (i) Pitocin, oxytocin, misoprostol, and methergine; (ii) Intravenous fluids, neonatal injectable vitamin K, newborn antibiotic eye prophylaxis, oxygen, intravenous antibiotics for Group B Streptococcal antibiotic prophylaxis, Rho (D) immune globulin, local anesthetic, epinephrine, and terbutaline for non-reassuring fetal heart tones and cord prolapse pending transport; (iii) Globulin, local anesthetic, and epinephrine; and (iv) Other pharmaceutical agents, consistent with either the scope of the practice of midwifery, or a prescription issued by a health professional for a patient-client of a midwife, that are approved by the Board of Medicine; (E) Authorize medical device distributors and manufacturers to issue breast pumps, compression stockings and belts, and maternity belts to certified professional midwives; (F) Require a certified professional midwife to provide each client with a signed informed consent form that describes the certified professional midwife's qualifications, education, a copy of the certified professional midwife's emergency plan, whether the certified professional midwife carries professional liability insurance, and the benefits and risks of birth in the setting of choice of the patient-client, and maintain a record of each patient-client's signed informed consent form; (G) Require a certified professional midwife, subject to the consent of the patient-client, to report the patient-client's data to a national data registry, such as the Midwives Alliance of North America Statistical Registry or the AABC Perinatal Registry; (H) Adopt professional continuing education requirements for certified professional midwives consistent with those required by NARM for recertification; (I) Establish requirements for peer review consistent with those required by NARM for recertification under which information disclosed for peer review shall be protected in accordance with  44-805; and (J) Require the certified professional midwife to file a birth certificate for each live birth attended by a certified professional midwife, in accordance with  7-231.08. (d) Guidelines developed pursuant to subsection (c)(2) of this section shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a licensed physician, licensed naturopathic physician, certified professional midwife, certified nurse-midwife, certified midwife, doula, or licensed basic or advanced emergency medical technician. (e) Guidelines currently approved by the Board of Medicine under  3-1202.03, shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.  (Oct. 3, 2001, D.C. Law 14-28,  4949; as added June 17, 2020, D.C. Law 23-97,  3, 67 DCR 3912; Mar. 16, 2021, D.C. Law 23-251,  302, 68 DCR 001234; Sept. 21, 2022, D.C. Law 24-170,  4, 69 DCR 009207.)  Applicability Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-97 has been implemented.  Applicability of D.C. Law 23-97:  6 of D.C. Law 23-97 provided that the creation of this section by  3 of D.C. Law 23-97 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Editor's Notes Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97. 
 7744.01. Dementia Services Coordinator. There is established within the Department of Health the position of the Dementia Services Coordinator ("Coordinator"), who shall be a full-time employee of the District. The Coordinator shall be responsible for: (1) Organizing dementia services within the District; (2) Implementing and updating the District of Columbia State Plan on Alzheimer's Disease; (3) Assessing and analyzing dementia-related data collected by the District; (4) Evaluating the District's dementia services; (5) Identifying and supporting the development of dementia-specific trainings; and (6) Carrying out such other duties relevant to the support of individuals with dementia as may be assigned by the Director of the Department of Health.  (Oct. 3, 2001, D.C. Law 14-28,  4948 (redesignated); as added Sept. 11, 2019, D.C. Law 23-16,  5052, 66 DCR 8621; redesignated  4951 Mar. 16, 2021, D.C. Law 23-201,  2(a), 67 DCR 14750.)  Applicability Section 7187 of D.C. Law 24-45 repealed section 5 of D.C. Law 23-201 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-201 has been implemented.  Applicability of D.C. Law 23-201:  5 of D.C. Law 23-201 provided that the change made to this section by  2(a) of D.C. Law 23-201 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) creation of this section, see  5052 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) creation of this section, see  5052 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  Editor's Notes  Section 118(b) of D.C. Law 24-147 purported to change "publically accessible" to "publicly accessible", however the change is to "publically" only.   D.C. Law 24-147 purported to correct a drafting error in this section previously corrected by D.C. Law 23-201. 
 7744.02. Dementia training for direct care workers. (a) For the purposes of this section, the term: (1) "Department" means the Department of Health. (2) "Facilities or programs" means residential facilities or home-based and community-based programs that provide supportive services, including Skilled Nursing Facilities, as defined in 42 U.S.C.  1395i-3(a), Assisted Living Residences, as defined in  44-102.01(4), Home Care Agencies and Hospice, as defined, respectively, in  44-501(a)(2) and (7) [ 44-501(a)(7) and (8)], that have residents or program participants with Alzheimer's disease or related dementia in residential settings. (3) "Covered administrative staff member" means a senior employee at a facility or program, including an administrator as well as a managerial staff member who directly supervises covered direct service staff members. (4) "Covered direct service staff members" refers to staff members whose work involves extensive contact with residents or program participants, including certified nursing assistants, nurse aides, personal care assistants, home health or personal care aides, licensed practical nurses, licensed vocational nurses, registered nurses, social workers, activity directors and staff, dietary staff, physician assistants, nurse practitioners, physical, speech therapists, and occupational therapy staff. (5) "Other covered staff member" refers to a staff member who is either a full-time or part-time employee, independent consultant, or a staff member of a contractor or subcontractor who has contact on a recurring basis with, but does not provide medical services for, residents or program participants, including housekeeping staff, front desk staff, other administrative staff, and other individuals who have incidental contact. (b)(1) Facilities or programs shall provide initial training of at least 8 hours to: (A) All covered direct service staff members, covered administrative staff members, and other covered staff members hired on, or within 6 months after, October 1, 2021 who shall begin dementia training within 90 days of the hire date, and complete the training within 120 days of the hire date; and (B) All covered direct service staff members, covered administrative staff members, and other covered staff members who were employed prior to October 1, 2021 and who have not received equivalent training within the prior 24 months shall complete the initial training requirements within one year following publication by the Department of Health of acceptable trainings regulations. (2) Each facility or program shall establish procedures for ongoing staff support regarding the treatment and care of persons with dementia, which shall include on-site mentoring programs and other support mechanisms developed by the Department. (3) For covered direct service staff members and covered administrative staff members, the curriculum used for the initial training shall cover: (A) Alzheimer's disease, and related dementia; (B) Person-centered care; (C) Assessment and care planning; (D) Activities of daily living; and (E) Dementia-related behaviors and communication. (4) For covered administrative staff members, the curriculum used for the initial training shall also cover: (A) Medical management information education and support; (B) Staffing; (C) Supportive and therapeutic environments; and (D) Transitions and coordination of services. (5) For other covered staff members, training shall include, at a minimum, an overview of dementia, principles of person-centered care, and communication issues. (6) Initial dementia training shall be considered complete only after the staff member has taken and passed an evaluation. (c)(1) Within 120 days after October 1, 2021, the Department shall identify and designate standardized trainings, including online trainings, and trainings currently used by providers that meet the requirements of subsection (b)(3) through (5) [of this section] and shall also establish a process whereby other non-standardized training programs will be determined to meet the requirements for dementia training. (2) To receive approval by the Department, whether online or in-person, all training modules, presentations, materials, and evaluations must reflect current standards and best practices in the care and treatment of persons with dementia. (3) The Department may also approve independent evaluation instruments currently used by providers that meet the Department's criterion for dementia training or develop an evaluation instrument or instruments that relate to the demonstration of competency. (d)(1) The facility shall issue a certificate, which shall be notarized and provided to covered staff members upon completion of dementia training, which certification shall be portable between settings within the District. (2) Provided that the covered staff member does not have a lapse of dementia-related direct service or administration employment for 24 consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training. (3) Covered staff members shall be responsible for maintaining documentation regarding completed dementia trainings and evaluations. (e)(1) A minimum of 4 hours of continuing education in each calendar year shall be required for covered administrative staff members and covered direct service staff members. (2) A minimum of 2 hours of continuing education in each calendar year shall be required for other covered staff members. (3) Such continuing education shall include new information on best practices in the treatment and care of persons with dementia. (f)(1) Persons responsible for conducting in-person dementia trainings shall have, at a minimum: (A) Two years of work experience related to Alzheimer's disease or other related dementias in health care, gerontology, or other related field; and (B) Completed training equivalent to the requirements provided in this section, including successful passage of any skills competency or knowledge test required by the District. (2) Covered staff members shall not be required to bear any of the cost of training offered by the facility or program and shall receive their normal compensation when attending required trainings. (g)(1) The Department shall exercise oversight of a facility's or program's dementia training program as part of its comprehensive regulatory responsibilities, which shall: (A) Ensure that the facility or program provides continuing education opportunities; (B) Ensure that the facility or program uses designated online training programs or facility-based training that meets the requirements for dementia training in the District; (C) Include a periodic review of the training evaluation, including the use of competency measures to demonstrate knowledge gained; (D) Involve observation and assessment of the proficiencies of direct care staff; and (E) Ensure compliance with any other requirements not specified above. (2) The Department may use all of its enforcement tools to ensure that facilities or programs comply with these provisions. (h) Where the training requirements established by this section differ or overlap with other District law or regulation, the more rigorous training requirements shall apply.  (Oct. 3, 2001, D.C. Law 14-28,  4952; as added Mar. 16, 2021, D.C. Law 23-201,  2(b), 67 DCR 14750.)  Applicability Section 7187 of D.C. Law 24-45 repealed section 5 of D.C. Law 23-201 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-201 has been implemented.  Section 7187 of D.C. Act 24-159 repealed section 5 of D.C. Law 23-201 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-201 has been implemented.  Applicability of D.C. Law 23-201:  5 of D.C. Law 23-201 provided that the creation of this section by  2(b) of D.C. Law 23-201 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Editor's Notes  Section 4 of D.C. Law 23-201 required that pursuant to title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code  2-501 et seq.), may issue rules to implement the provisions of this act.   For a requirement that the Department of Health Care Finance have a rate study conducted through an independent third party to determine the existing wage structure and projected wage structure necessary to ensure a vital and adequately compensated class of direct support workers in the home health care, personal care assistance nursing home care, and assisted living industry, see  3 of D.C. Law 23-201. 
 7755.01. Establishment of the Commission on Health Disparities. [Repealed] Repealed.  (Mar. 10, 2015, D.C. Law 20-192,  2, 61 DCR 12403; Oct. 8, 2016, D.C. Law 21-160,  5042, 63 DCR 10775.) 
 7755.02. Commission duties and functions. [Repealed] Repealed.  (Mar. 10, 2015, D.C. Law 20-192,  3, 61 DCR 12403; Oct. 8, 2016, D.C. Law 21-160,  5042, 63 DCR 10775.) 
 7755.03. Commission procedure and powers. [Repealed] Repealed.  (Mar. 10, 2015, D.C. Law 20-192,  4, 61 DCR 12403; Oct. 8, 2016, D.C. Law 21-160,  5042, 63 DCR 10775.) 
 7755.04. Commission on Health Disparities Fund. [Repealed] Repealed.  (Mar. 10, 2015, D.C. Law 20-192,  5, 61 DCR 12403; Oct. 8, 2016, D.C. Law 21-160,  5042, 63 DCR 10775.) 
 7756.01. Establishment of the Commission on Health Equity. (a) There is established a Commission on Health Equity ("Commission") to prepare, through the Department of Health's Office on Violence Prevention and Health Equity, comprehensive recommendations to the Department of Health, the Council, and the Mayor that examine and address health inequities across the District and differing opportunities for healthcare by demographic subpopulations and geographic areas, including in each election ward of the District. (b) The Commission shall have 9 voting members, who shall be appointed as follows: (1)(A) Six voting members shall be appointed by the Mayor with the advice and consent of the Council, in accordance with  1-523.01(f). (B) The Mayor's initial 6 appointments shall include 3 members appointed to 3-year terms and 3 members appointed to 2-year terms. All subsequent appointments by the Mayor shall be for 3-year terms. (2)(A) Three voting members shall be appointed by the Council. (B) The Council's initial 3 appointments shall be for one-year terms. All subsequent appointments by the Council shall be for 3-year terms. (3) Each voting member shall have expertise in at least one of the following areas: (A) Health equity, social determinants, and health disparities; (B) Social and human services and vulnerable populations; (C) Early learning and education; (D) Minority communities and population health outcomes and improvement; (E) Economic and community development; or (F) Ecology and the natural and built environment. (4) The Mayor shall appoint the Chairperson of the Commission from among its voting members. (c)(1) The Commission shall include the following nonvoting advisory members: (A) The Chairperson of the Council committee with jurisdiction over the Department of Health, who shall serve as an ex-officio member; (B) Three community advisory members, one each from Wards 5, 7, and 8, appointed by the Council; (C) One patient organization representative, appointed by the voting members of the Commission; and (D) The presidents or chief executive officers of 2 District hospitals and a representative from an insurance company who have access to health outcomes databases, or their designees. (2) For the purposes of this subsection, the term "patient organization representative" means an individual who works for a national or local healthcare or health promotion organization. (d) All vacancies on the Commission shall be filled in the same manner in which the initial appointment is made. (e) All members of the Commission shall be appointed within one year after October 8, 2016.  (Oct. 8, 2016, D.C. Law 21-160,  5043, 63 DCR 10775.) 
 7756.02. Commission duties and functions. (a) The Commission shall advise the Department of Health's Office of Violence Prevention and Health Equity on: (1) The development of a baseline assessment of health equity across the District, and differing opportunities for health by demographic subpopulations and geographic areas, including in each election ward of the District; (2) The application of innovative data collection and dissemination strategies to augment the use of evidence-based methods and tools and practices within a community-based participatory research framework; and (3) Strengthening collaborative partnerships with communities impacted by health inequities to identify and promote health equity strategies. (b) The Commission shall: (1) Gather information from public hearings, inquiries, and studies to understand how the District government may work to eliminate health disparities; (2) Seek federal grants, if available; and (3) Submit a formal city action plan by March 1 of each year to the Department of Health, the Mayor, and the Council. (c) The formal city action plan required by subsection (b)(3) of this section shall be a public document and shall include, at a minimum: (1) A report of the Commission's findings regarding: (A) Health equity across the District and differing opportunities for healthcare by demographic subpopulations and geographic areas, including in each election ward of the District; (B) The identification of health indicators studied that highlight the election ward and populations or neighborhoods most affected, possible steps that can be taken by the District government to remedy these issues, and expected outcomes that will result from taking the recommended steps; and (2) Draft legislation, regulations, amendments to statutes or regulations, or any other specific steps for implementing the recommendations described in paragraph (1) of this subsection.  (Oct. 8, 2016, D.C. Law 21-160,  5044, 63 DCR 10775.) 
 7756.03. Commission procedure and powers. (a) The Commission shall meet at least once a quarter to share findings regarding the prevalence and severity of health disparities that exist in each election ward. (b) The Chairperson of the Commission, or his or her designee, who must be a member of the Commission, shall convene all Commission meetings. (c) A majority of the voting members appointed to the Commission at any given time shall constitute a quorum for the transaction of official business. Official actions of the Commission shall be taken by a majority vote of the voting members present at the meeting. (d) The Commission may use space and supplies owned or rented by the District government and use staff loaned from the Council or detailed by the Mayor for purposes consistent with this chapter as the Commission may determine.  (Oct. 8, 2016, D.C. Law 21-160,  5045, 63 DCR 10775.) 
 7757.01. Definitions. For the purposes of this chapter, the term: (1) "Health literacy" means the ability to make informed decisions about one's personal health, to prevent or treat illness, based on an understanding of the principles of obtaining, processing, and comprehending basic health information, products, and services, including: (A) Knowing how the Patient Protection and Affordable Care Act impacts them; (B) Developing health knowledge into a set of positive attitudes and behaviors; (C) Learning how to apply for and access health care through DC Health Link, the federal health care exchange, or private health care providers; (D) Being able to communicate health needs with health care providers, evaluate information for credibility and quality, calculate dosages of medicines and treatments, understand the components of health plans, and read a health insurance card; (E) Knowing how to appropriately navigate and utilize the health care system and internalize health care terminology; and (F) Being aware of the beneficial effects of good health practices, and making good health a personal priority. (2) "Health literacy level" means a person's ability to apply health literacy skills to everyday situations and tasks.  (Mar. 6, 2018, D.C. Law 22-66,  2, 65 DCR 354.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented. Applicability of D.C. Law 22-66:  7 of D.C. Law 22-66 provided that the creation of this section by  2 of D.C. Law 22-66 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7757.02. Establishment of the District Health Literacy Council. There is established a Health Literacy Council in the District of Columbia that shall advise the Mayor and the Council on promoting health literacy for residents of the District and helping residents develop a working knowledge of mental health.  (Mar. 6, 2018, D.C. Law 22-66,  3, 65 DCR 354.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented. Applicability of D.C. Law 22-66:  7 of D.C. Law 22-66 provided that the creation of this section by  3 of D.C. Law 22-66 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7757.03. Members of the Health Literacy Council. The Health Literacy Council shall be composed of 15 members, as follows: (1) One member shall be appointed by the Chairperson of the Council committee with oversight over the Department of Health; (2) One member shall be the President of the University of the District of Columbia, or the President's designee; (3) One member shall be the President of the Community College of the District of Columbia, or the President's designee; (4) One member shall be the Executive Director of the Health Benefit Exchange Authority, or the Executive Director's designee; (5) One member shall be the Director of the Department of Behavioral Health, or the Director's designee; (6) One member shall be the Director of the Department of Health Care Finance, or the Director's designee; (7) One member shall be the Director of the Department of Health, or the Director's designee; and (8) Eight members shall be appointed by the Mayor, as follows: (A) One member shall represent the Workforce Investment Council; (B) Four members shall be District residents with extensive knowledge of health resources and services, health education, and the field of health literacy programs; (C) One member shall represent the Youth Advisory Council; (D) One faculty member from a District of Columbia university who is a District resident with specific experience in issues of equity in health care systems; and (E) One member with experience in primary care who is employed by a clinic or an association representing clinics.  (Mar. 6, 2018, D.C. Law 22-66,  4, 65 DCR 354.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented. Applicability of D.C. Law 22-66:  7 of D.C. Law 22-66 provided that the creation of this section by  4 of D.C. Law 22-66 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7757.04. Duties of the Health Literacy Council. (a) The Health Literacy Council shall: (1) Meet at least quarterly; (2) Create and operate under its own rules of procedure; (3) Develop a plan to be submitted to the Mayor and the Council within 6 months after March 6, 2018, for the coordination of the District's health literacy efforts; and (4) Submit to the Mayor and the Council an annual report and recommendations on the health literacy status of the District, with the first health literacy report and recommendations, to be delivered within 12 months of March 6, 2018. (b) In the first annual health literacy report required by subsection (a)(4) of this section, the Health Literacy Council shall endeavor to address, among other issues: (1) Matters related to District residents' health care consumer rights; (2) Access to health care education and health literacy levels; (3) An evaluation of current health literacy level in the District and defined metrics to measure health literacy improvement over time; (4) An assessment of the funding and resources necessary to support health education, care coordination services, and the explanation of health literacy initiatives; and (5) An assessment on how to reduce health disparities through health literacy, and plans to meet the health literacy needs of older adults, residents with disabilities, residents with English as a second language, residents with minimal Internet access, and residents applying for health care for the first time.  (Mar. 6, 2018, D.C. Law 22-66,  5, 65 DCR 354.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented. Applicability of D.C. Law 22-66:  7 of D.C. Law 22-66 provided that the creation of this section by  5 of D.C. Law 22-66 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7757.05. Health literacy education in workforce development programs. Within 180 days after March 6, 2018, the Mayor shall submit to the Council a plan for the implementation of a health literacy education curriculum that will complement adult literacy programs for District agency workforce development training programs in partnership with the Workforce Investment Council, the Department of Health Care Finance, the University of the District of Columbia, the Community College of the District of Columbia, the Youth Advisory Council, and the District of Columbia Health Benefit Exchange.  (Mar. 6, 2018, D.C. Law 22-66,  6, 65 DCR 354.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented. Applicability of D.C. Law 22-66:  7 of D.C. Law 22-66 provided that the creation of this section by  6 of D.C. Law 22-66 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7757.06. Applicability. [Repealed] Repealed.  (Mar. 6, 2018, D.C. Law 22-66,  7, 65 DCR 354; Oct. 30, 2018, D.C. Law 22-168,  7023, 65 DCR 9388.)  Applicability Section 7023 of D.C. Law 22-168 repealed section 7 of D.C. Law 22-66 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-66 has been implemented.
 7758.01. Families First DC. (a) The Mayor may award grants to non-profit organizations to support the establishment and operation of Families First DC centers in District neighborhoods. (b) In providing funding to support Families First DC success centers, priority shall be given to neighborhoods that have: (1) Disparities related to social determinants of health; (2) A need for community stabilization efforts; and (3) Disproportionate numbers of substantiated cases of child abuse and neglect. (c) Grants issued under this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1. (d) For the purposes of this section, the term "Families First DC" means a comprehensive neighborhood-based approach aimed at reducing social, economic, and health disparities among District residents and creating stronger, more resilient families, and supportive environments for children through focused access to District and private-sector services and resources based on neighborhood-specific needs and interests.  (Sept. 11, 2019, D.C. Law 23-16,  5042, 66 DCR 8621.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5042 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) creation of this section, see  5042 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). 
 7751.01. Definitions.  *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  For the purposes of this chapter, the term: (1) Commercial loans means loans made by banks, credit unions, savings and loan associations, insurance companies, schools, and either financial or credit institutions that are subject to examination and supervision in their capacity as lenders by an agency of the United States or of the State or District in which the lender has its principal place of business. (2) Dentist means a graduate of a an accredited dental school who has completed post-graduate training in specialties of general or pediatric dentistry. (3) Director means Director of the Department of Health or his or her designee. (4) Health Professional Shortage Area and HPSA mean a geographic area, population group, or facility in the District of Columbia designated by the United States Department of Health and Human Services as lacking a sufficient number of primary care, dental, mental health, specialty, or sub-specialty professionals to provide care for residents of the area or community. (5) Medically Underserved Area and MUA mean a geographic area in the District of Columbia designated by the United States Department of Health and Human Services as medically underserved. (6) Other health professional means a person who has graduated from an accredited program for registered nurses, nurse midwives, certified midwives, certified professional midwives, certified registered nurse practitioners, dental hygienists, clinical social workers, clinical psychologists, professional counselors, or physician assistants and has completed any required post-graduate training. (7) "Physician" means a person who is licensed by the Board of Medicine to engage in the practice of medicine in the District and who is in good standing under such license. (7A) "Program" means the District of Columbia Health Professional Recruitment Program established by  7-751.02. (8) Reasonable educational expenses means the costs of education, exclusive of tuition, which are considered to be required by the schools degree program or an eligible program of study, such as fees for room, board, transportation and commuting costs, books, supplies, educational equipment and materials, or clinical travel, which were part of the estimated student budget of the school in which the participant was enrolled. (9) "Service obligation site" means: (A) A nonprofit entity located in a Health Professional Shortage Area or a Medically Underserved Area within the District that provides primary care, mental health, dental, or sub-specialty services to District residents regardless of their ability to pay; (B) A Department of Health program; (C) A Department of Behavioral Health program; (D) A private practice setting that serves residents of a Medically Underserved Area and accepts a minimum percentage or total number of patients, as determined by the Director, participating in Medicare, Medicaid, HealthCare Alliance, or a similar public insurance program at a threshold determined by the Department of Health; or (E) Any other District program designated by the Director as a service obligation site.  (Mar. 8, 2006, D.C. Law 16-71,  2, 53 DCR 61; Mar. 2, 2007, D.C. Law 16-191,  103, 53 DCR 6794; Aug. 16, 2008, D.C. Law 17-219,  5033(a), 55 DCR 7598; June 17, 2020, D.C. Law 23-97,  4, 67 DCR 3912; Dec. 29, 2021, D.C. Law 24-46,  4(d), 68 DCR 011642; Sept. 21, 2022, D.C. Law 24-184,  202(a), 0 DCR 0.)  Section References This section is referenced in  7-751.03 and  7-751.04. Effect of Amendments D.C. Law 16-191, in par. (9), substituted Shortage for Service. D.C. Law 17-219, in par. (4), substituted geographic area, population group, or facility for geographic area; and rewrote pars. (6) and (9). Applicability Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-97 has been implemented.  Applicability of D.C. Law 23-97:  6 of D.C. Law 23-97 provided that the change made to this section by  4 of D.C. Law 23-97 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  202(a) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) amendment of this section, see  202(a) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0).  Short Title Short title: Section 5032 of D.C. Law 17-219 provided that subtitle N of title V of the act may be cited as the Health Professional Recruitment Program Amendment Act of 2008. Editor's Notes Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97. 
 7751.02. Establishment of Program. (a) There is hereby established the District of Columbia Health Professional Recruitment Program (Program) to serve as a recruitment and retention tool for health professionals within the District of Columbia. (b) Based on the availability of funds, the Program will pay for, among other expenses, the cost of education necessary to obtain a health professional degree. The Program will pay toward the outstanding principal, interest, and related expense of federal, state, or local government loans and commercial loans obtained by the participant for: (1) School tuition and required fees incurred by the participant; (2) Reasonable educational expenses; and (3) Incentive payments that lead to the retention of existing Program participants to practice in Ward 7 or 8; provided, that retention incentives shall be limited to $15,000 per participant per year.  (Mar. 8, 2006, D.C. Law 16-71,  3, 53 DCR 61; Dec. 3, 2020, D.C. Law 23-149,  5052(a), 67 DCR 10493.) 
 7751.03. Administration of the Program.  *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) The Department of Health shall administer the Program and shall: (1) Establish an application process; (2) Certify a list of acceptable service obligation sites on an annual basis and make the list publically available; (3) Conduct regular surveys to ensure participant compliance with the Program; (4) Disburse all awarded funds; and (5) Administer any other functions necessary to the Program. (b) The Department of Health reserves the right to conduct regular inspections to ensure that all service obligations sites meet the definition as set forth in  7-751.01(9). (c) The Director may impose additional requirements regarding the location of private practices or the acceptance of insurance types among those practices, as the Director considers appropriate, to support the goal of an equitable distribution of healthcare providers among District residents.  (Mar. 8, 2006, D.C. Law 16-71,  4, 53 DCR 61; Sept. 21, 2022, D.C. Law 24-184,  202(b), 0 DCR 0.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  202(b) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) amendment of this section, see  202(b) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0). 
 7751.04. Eligibility requirements. Individuals eligible for the Program must: (a) Be a citizen or permanent resident of the United States; (b) Be a physician, dentist, or other health professional as defined in  7-751.01; (c) Be licensed or eligible to practice in the District of Columbia; (d) Submit a completed application to participate in the Program; and (e) Have no other obligation for health professional service to the federal, state, or District government, unless such obligation will be completely satisfied prior to the beginning of service under the Program.  (Mar. 8, 2006, D.C. Law 16-71,  5, 53 DCR 61; Aug. 16, 2008, D.C. Law 17-219,  5033(b), 55 DCR 7598.)  Effect of Amendments D.C. Law 17-219, in subsec. (a), inserted or permanent resident.
 7751.05. Release of information. (a) Any applicant to the Program shall agree to execute a release to allow the Department access to loan records, credit information, and information from lenders necessary to verify eligibility and to determine loan repayments. The applicant is required to submit all requested loan documentation prior to approval by the Program. (b) It is the responsibility of the participant to negotiate with each lending institution for the terms and conditions of the educational loan repayments. Any penalties associated with early repayment shall be the responsibility of the participant.  (Mar. 8, 2006, D.C. Law 16-71,  6, 53 DCR 61.) 
 7751.06. Selection criteria. (a) Applicants shall be competitively reviewed and selected for participation in the Program based upon the following criteria: (1) Professional qualifications and relevant experience, including board eligibility or certification in his or her specialty, professional achievements, and other indicators of competency received from supervisors, department chairs, and program directors; and (2) A demonstrated commitment to serve in a HPSA or MUA. (b) Preferential consideration will be given to: (1) Residents of the District of Columbia; (2) Graduates of accredited District of Columbia health professions schools or program; (3) Residents of a HPSA or MUA within the District of Columbia; (4) Applicants that are immediately eligible and available for service; (5) Applicants that commit to longer periods of service; (6) Applicants whose service obligation site is also a qualified Medical Homes DC provider; (7) Applicants who are fluent in Spanish, Chinese, Vietnamese, Korean, or Amharic; and (8) Applicants who have experience at a community-based primary care facility or attended a community-based health profession educational institution. (c) For applicants practicing at a service obligation site at the time of application to the Program, preferential consideration shall be given to those individuals who have less than 3 years of employment at the facility.  (Mar. 8, 2006, D.C. Law 16-71,  7, 53 DCR 61; Aug. 16, 2008, D.C. Law 17-219,  5033(c), 55 DCR 7598.)  Effect of Amendments D.C. Law 17-219, in subsec. (b), deleted and from the end of par. (5), substituted a semicolon for a period at the end of par. (6), and added pars. (7) and (8).
 7751.07. Program participation.  *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) As a condition of participation in the Program, selected applicants shall enter into a contract with the Director and a representative of the service obligation site agreeing to the following terms and conditions: (1) Participants shall provide a minimum of 2 years with a maximum of 4 years services at a service obligation site. Any service beyond the 2 year minimum requirement is dependent upon the availability of funds for the Program. (2)(A) Full-time participants shall provide service of at least 1,800 hours per year. On-call status shall not count toward the annual 1,800 hour requirement. Exceptions to the 1,800 hour annual requirement or the on-call provision of this sub-paragraph may be approved by the Director prior to placement. (B) Part-time participants shall provide service of at least 900 hours per year. On-call status does not count toward the annual 900 hour requirement. Exceptions to the 900 hour annual requirement or the on-call provision of this sub-paragraph may be approved by the Director prior to placement. (3) Participants agree to provide reasonable, usual, and customary health services without discrimination and regardless of a patients ability to pay. (4) No period of internship, residency, or other advanced clinical training may count toward satisfying a period of obligated service under this Program. (5) Any participant who is found in breach of contract is deemed to have agreed, as a condition of contract, to all penalties as set forth in  7-751.13. (b) An existing contract may be renewed for one year at a time up to a maximum of 4 total years of service, as funds become available. (c) The participant shall begin service no later than 12 months from entering into the contract. The effective start date of the obligated service is the date of employment or the date the Director signs the contract, whichever is later. (d) Non-compete clauses are prohibited in all contracts for Program participation.  (Mar. 8, 2006, D.C. Law 16-71,  8, 53 DCR 61; Mar. 3, 2010, D.C. Law 18-111,  5111, 57 DCR 181; Sept. 21, 2022, D.C. Law 24-184,  202(c), 0 DCR 0.)  Section References This section is referenced in  7-751.09. Effect of Amendments D.C. Law 18-111 rewrote subsec. (a)(2), which had read as follows: (2) Participants shall provide full-time service of at least 40 hours per week for 45 weeks per year. The minimum 40-hour week must not be performed in less than 4 days per week, with no more than 12 hours of work performed in any 24 hour period. On-call status does not count toward the 40-hour week. Any exceptions to the on-call provision of this subsection must be approved by the Director prior to placement. Emergency Legislation  For temporary (90 days) amendment of this section, see  202(c) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  For temporary (90 day) amendment of section, see  5111 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5111 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation  For temporary (225 days) amendment of this section, see  202(c) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0).  Short Title Short title: Section 5110 of D.C. Law 18-111 provided that subtitle L of title V of the act may be cited as the Health Professional Recruitment Program Amendment Act of 2009.
 7751.08. Loan repayment.  *NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) Physicians and dentists who are full-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $120,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to the following schedule: (1) For the 1st year of service, 18% of their total debt, not to exceed $21,600; (2) For the 2nd year of service, 26% of their total debt, not to exceed $31,200; (3) For the 3rd year of service, 28% of their total debt, not to exceed $33,600; and (4) For the 4th year of service, 28% of their total debt, not to exceed $33,600. (a-1) Physicians who are full-time participants in the Program and who specialize and practice in obstetrics and gynecology, psychiatry, or another medical specialty identified by the Director or who sub-specialize and practice in oncology, cardiology, neurology, infectious diseases, pulmonary diseases, nephrology, endocrinology, podiatry, ophthalmology, or another medical sub-specialty identified by the Director shall be eligible to have 100% of their total debt, not to exceed $200,000, repaid by the Program over 4 years of service; provided, that the participants provide full-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according the following schedule: (1) For the first year of service, 18% of their total debt, not to exceed $36,000; (2) For the second year of service, 26% of their total debt, not to exceed $52,000; (3) For the third year of service, 28% of their total debt, not to exceed $56,000; and (4) For the fourth year of service, 28% of their total debt, not to exceed $56,000. (b) Other health professionals who are full-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $66,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to the following schedule: (1) For the 1st year of service, 18% of their total debt, not to exceed $11,800; (2) For the 2nd year of service, 26% of their total debt, not to exceed $17,200; (3) For the 3rd year of service, 28% of their total debt, not to exceed $18,500; (4) For the 4th year of service, 28% of their total debt, not to exceed $18,500. (c) The Director is permitted to increase the dollar amount of the total loan repayment annually to adjust for inflation. All quarterly disbursements shall be adjusted accordingly. (d) Physicians and dentists who are part-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $60,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor. (e) Physicians who are part-time participants in the Program and who specialize and practice in obstetrics and gynecology, psychiatry, or another medical specialty identified by the Director or who sub-specialize and practice in oncology, cardiology, neurology, infectious diseases, pulmonary diseases, nephrology, endocrinology, podiatry, ophthalmology, or another medical sub-specialty identified by the Director shall be eligible to have 100% of their total debt, not to exceed $100,000, repaid by the Program over 4 years of service; provided, that the participants provide part-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor. (f) Other health professionals who are part-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $33,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor.  (Mar. 8, 2006, D.C. Law 16-71,  9, 53 DCR 61; Dec. 3, 2020, D.C. Law 23-149,  5052(b), 67 DCR 10493; Sept. 21, 2022, D.C. Law 24-184,  202(d), 0 DCR 0.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  202(d) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) amendment of this section, see  202(d) of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0). 
 7751.09. Disbursement procedure. (a) The Department of Health shall disburse loan repayment funds to a participant in a 2-year lump sum payment for each contract entered into pursuant to  7-751.07 within 90 days of the start of the performance under the contract. (b) For each year of participation beyond the original term of the contract, whether by renewal or continuation of a contract longer than 2 years, the Department of Health shall disburse to the participant a one-year lump sum payment within 90 days of the start of each additional year.  (Mar. 8, 2006, D.C. Law 16-71,  10, 53 DCR 61; Dec. 2, 2011, D.C. Law 19-47,  2, 58 DCR 8941.)  Effect of Amendments D.C. Law 19-47 rewrote the section, which formerly read: (a) For the 1st year of participation in the Program, the Department shall disburse loan repayment funds to a participant on a quarterly basis, with the first disbursement to occur within 45 days of the start of service obligation. (b) For each additional year of participation in the Program, the Department shall disburse loan repayment funds to a participant on a quarterly basis, with the 1st disbursement to occur within 45 days of the start of the next consecutive year of service. Emergency Legislation For temporary (90 day) amendment of section, see  2 of Health Professional Recruitment Program Emergency Amendment Act of 2011 (D.C. Act 19-120, August 1, 2011, 58 DCR 6754). For temporary (90 day) amendment of section, see  2 of Health Professional Recruitment Program Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-227, November 15, 2011, 58 DCR 9936).
 7751.10. Compensation during service. Each participant is responsible for negotiating his or her own compensation package directly with the service obligation site.  (Mar. 8, 2006, D.C. Law 16-71,  11, 53 DCR 61.) 
 7751.11. Tax implications. (a) Repealed. (b) For purposes of the District of Columbia Office of Tax and Revenue, all loan repayment awards shall not be considered income and are therefore not taxable.  (Mar. 8, 2006, D.C. Law 16-71,  12, 53 DCR 61; Apr. 8, 2011, D.C. Law 18-370,  532(a), 58 DCR 1008.)  Effect of Amendments D.C. Law 18-370 repealed subsec. (a), which had read as follows: (a) For purposes of the United Stated Internal Revenue Service, all loan repayment awards are considered income and are therefore taxable. It is the responsibility of each participant to report loan repayment awards received through the Program on all relevant tax and financial documents. Emergency Legislation For temporary (90 day) amendment of section, see  532(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662). Short Title Short title: Section 531 of D.C. Law 18-370 provided that subtitle D of title V of the act may be cited as Health Professional Recruitment Program Amendment Act of 2010.
 7751.12. Monitoring during service. (a) Participants are required to submit service verification forms to the Department of Health at the conclusion of each 6-month period of participation in the Program. Service verification forms shall contain the following: (1) A statement attesting to continuous full-time service as required by the Program; (2) The signature of the participant; (3) The signature of a representative of the service obligation site; and (4) Any additional information required by the terms and conditions of the participants service contract. (b) The Department of Health reserves the right to conduct regular participant surveys to ensure compliance with the terms and conditions of the Program.  (Mar. 8, 2006, D.C. Law 16-71,  13, 53 DCR 61.) 
 7751.13. Breach of contract. (a) The following shall constitute a breach of contract: (1) The failure to begin or complete the required period of service obligation as set forth in the Program contract; (2) The falsification or misrepresentation of information on the Program application, service verification forms, or other required documents; (3) The termination of employment at a service obligation site for good cause, as determined by the employer and confirmed by the Director; (4) The failure to transfer within 6 months to another approved service obligation site upon termination for reasons beyond the participants control, as described in  7-751.14(b). (5) The failure to provide all reasonable, usual, and customary full-time health care service as set forth in the Program contract; or (6) The failure to comply with any other terms as set forth by this chapter or the Director. (b) Within one year of the date of a breach of contract, the participant found in breach of contract shall repay the District the greater of $31,000 or an amount equal to the sum of the following: (1) The amount of the loan repayments paid to the participant for any period of obligated service not completed; (2) An amount equal to the product of the number of months of obligated service not completed by the participant multiplied by $7,500; and (3) Interest on the amounts specified in paragraphs (1) and (2) of this subsection at the maximum legal prevailing rate, as determined by the Treasurer of the United States, from the date of the breach. (c) A participant found in breach of contract shall pay a monetary penalty to the District of Columbia of 50% of funds received as a participant in the Program. (d) Damages are not dischargeable in bankruptcy. Any financial obligation of a participant for payment of damages may not be released by discharge in bankruptcy under Title 11 of the United States Code. (e) The Department of Health may pursue any additional legal remedies against a participant found to be in breach of contract, including the garnishment of wages and civil penalties.  (Mar. 8, 2006, D.C. Law 16-71,  14, 53 DCR 61; Aug. 16, 2008, D.C. Law 17-219,  5033(d), 55 DCR 7598; Apr. 8, 2011, D.C. Law 18-370,  532(b), 58 DCR 1008.)  Section References This section is referenced in  7-751.07. Effect of Amendments D.C. Law 17-219 rewrote subsec. (b), which had read as follows: (b) A participant found in breach of contract is liable to pay the District of Columbia the difference between the lump sum payment for the year of obligated service and a prorated amount for the days of service obligation left unfulfilled, beginning on the date the participant caused a breach of contract. This amount shall be repaid within one year of the date of breach of contract, or a longer period as determined by the Director. D.C. Law 18-370 rewrote subsec. (b), which had read as follows: (b) A participant found in breach of contract shall repay the District of Columbia for each unfulfilled day of service remaining in the participants period of service obligation. The amount of such repayment shall be determined by dividing the sum amount previously paid to the participant by the number of days of obligated service required for the payment and multiplying the result by the number of unfulfilled days from the time of the breach of contract. This amount shall be paid within one year of the date of the breach of contract, or a longer period as determined by the Director. Emergency Legislation For temporary (90 day) amendment of section, see  532(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
 7751.14. Change of practice site. (a) Any change of service obligation site by a Program participant must receive prior authorization from the Director. (b) If the employment of a participant is terminated for reasons beyond the participants control, such as, for example, the closure of a service obligation site, the participant shall transfer to another approved service obligation site within 6 months of termination. The failure to transfer within 6 months shall be considered a breach of the Program contract.  (Mar. 8, 2006, D.C. Law 16-71,  15, 53 DCR 61.)  Section References This section is referenced in  7-751.13.
 7751.15. Suspension, waiver, and termination of contract. (a)(1) The service obligation of a participant may be suspended without penalty, for a limited period of time, if a participant requires leave beyond the allotted 7 weeks, such as, for example, extended illness, family leave, maternity leave, suspension from practice pending an investigation, not to exceed 12 months, or termination of employment requiring job search and relocation to another eligible practice site. (2) A suspension shall not relieve the participant of the responsibility to complete the remaining portion of the obligation. A suspension shall not be permitted as a matter of course, but may be allowed at the discretion of the Director. (b) A waiver of Program contract terms and conditions shall be granted in the following situations: (1) If the participant suffers from a physical or mental disability resulting in the total and permanent inability of the participant to perform the obligated service, as determined by the Director; or (2) Repealed. (c) An obligation of an individual for service or payment of damages shall be terminated upon the death of the individual. (d) The Director may terminate a contract under the Program with a participant if, not later than August 16 of the year in which the contract became effective, the participant: (1) Submits a signed written request to terminate the contract; and (2) Repays all amounts of loan repayments paid to the participant under the contract.  (Mar. 8, 2006, D.C. Law 16-71,  16, 53 DCR 61; Apr. 8, 2011, D.C. Law 18-370,  532(c), 58 DCR 1008.)  Effect of Amendments D.C. Law 18-370 rewrote the section heading which had read as follows: Suspension and waiver of contract; repealed subsec. (b)(2); and added subsecs. (c) and (d). Prior to repeal, subsec. (b)(2) read as follows: (2) Death of the participant. Emergency Legislation For temporary (90 day) amendment of section, see  532(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
 7751.15a. Health Professional Recruitment Fund. (a) There is established as a nonlapsing fund the Health Professional Recruitment Fund (Fund). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the sole purpose of providing loan repayments and retention incentives pursuant to the Program without regard to fiscal year limitation, subject to authorization by Congress. (b) The Mayor shall deposit in the Fund: (1) All general revenue funds appropriated by a line item in the budget submitted pursuant to  1-204.46, and authorized by Congress for the purpose of the Program; (2) All fees and penalties generated pursuant to the Program; and (3) Any other funds received on behalf of the Fund for the purpose of the Program. (c) The Department of Health shall administer the Fund from its appropriated operating budget. (d) The Department of Health shall segregate the $1.5 million local funds enhancement provided in the Fiscal Year 2021 budget into a separate subaccount, which shall only be expended for: (1) Section 7-751.02(b)(3); or (2) Section 7-751.08(a-1).  (Mar. 8, 2006, D.C. Law 16-71,  16a; as added Mar. 2, 2007, D.C. Law 16-192,  5042, 53 DCR 6899; Aug. 16, 2008, D.C. Law 17-219,  5033(e), 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353,  244(d), 56 DCR 1117; Dec. 3, 2020, D.C. Law 23-149,  5052(c), 67 DCR 10493.)  Effect of Amendments D.C. Law 17-219 rewrote the section. D.C. Law 17-353 redesignated the section amended by D.C. Law 17-219,  5033(e) from  7-751.16a to  7-751.15a. Emergency Legislation For temporary (90 day) addition, see  5042 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) addition, see  5042 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) addition, see  5042 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). Short Title Short title: Section 5041 of D.C. Law 16-192 provided that subtitle D of title V of the act may be cited as the Health Professional Recruitment Program Amendment Act of 2006. Short title: Section 5017 of D.C. Law 17-219 provided that subtitle I of title V of the act may be cited as the Reporting Requirements Act of 2008. Editor's Notes For health professional recruitment program reporting requirements for Fiscal Year 2009, see subtitle I of title V of Law 17-219.
 7751.16. Rulemaking. The Mayor is authorized to promulgate rules necessary to implement this chapter.  (Mar. 8, 2006, D.C. Law 16-71,  17, 53 DCR 61.)  Delegation of Authority Delegation of Authority pursuant to DC Law 16-71, the District of Columbia Health Professional Recruitment Program Act of 2005, see Mayors Order 2009-176, October 13, 2009 ( 56 DCR 8480).
 7751.17. Applicability. [Repealed] Repealed.  (Mar. 8, 2006, D.C. Law 16-71,  18, 53 DCR 61; Aug. 16, 2008, D.C. Law 17-219,  7073, 55 DCR 7598.) 
 7761.01. Short title. This chapter may be cited as the Department on Disability Services Establishment Act of 2006.  (Mar. 14, 2007, D.C. Law 16-264,  101, 54 DCR 818.)  Emergency Legislation For temporary (90 day) addition, see  101 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
 7761.02. Definitions. For the purposes of this chapter, the term: (1) "Community-based services" means specialized or generic services for the evaluation, care, and habilitation of persons with intellectual or developmental disabilities, in a community setting, directed toward the intellectual, social, personal, physical, emotional, or economic development of a person with an intellectual or developmental disability. The services shall include diagnosis, evaluation, treatment, day habilitation, training, education, supported employment, recreation, counseling of the person with an intellectual or developmental disability and his or her family, protective and other social and socio-legal services, information and referral, and transportation to assure delivery of services to persons of all ages with intellectual or developmental disabilities. (2) Consumer means a resident of the District of Columbia who is receiving, or eligible to receive, services from the Department on Disability Services. (2A) "Contribution to costs of supports" means full or partial payment by persons with intellectual or developmental disabilities or their estate for the locally funded supports and services provided by the Developmental Disabilities Administration. (2B) "Costs of occupancy" means: (A) Rent; (B) Other personal expenses, including food, clothing, and medical costs; (C) Supplies, furnishings, and equipment; (D) Communications; and (E) Other supports. (3) Department or DDS means the Department on Disability Services established by  7-761.03. (3A) "Developmental disability" means a severe and chronic disability of a person that: (A) Is attributable to a mental or physical impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; (B) Is manifested before 22 years of age; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in 3 or more of the following areas of major life activity: (i) Self-care; (ii) Understanding and use of language; (iii) Functional academics; (iv) Social skills; (v) Mobility; (vi) Self-direction; (vii) Capacity for independent living; or (viii) Health and safety; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are person-centered, planned, and coordinated. (3B) DHCF means the Department of Health Care Finance as established by  7-771.02. (4) DHS means the Department of Human Services. (5) Director means the Director of the Department on Disability Services. (5A) "External reviewer" means a person, selected by the Director to provide review and resolution of formal complaints, who has: (A) Extensive experience in alternative dispute resolution; (B) Experience working with people with intellectual or developmental disabilities; and (C) An understanding of DDS. (5B)(A) "Formal complaint" means a statement by a person of his or her dissatisfaction with DDS or a provider, including the denial of any services and supports under this chapter or other applicable law. (B) For the purposes of this paragraph, the term "provider" shall have the same meaning as provided in  7-761.13(f). (6) Habilitation means the process by which a person is assisted to acquire and maintain those life skills which enable him or her to cope more effectively with the demands of his or her own person and of his or her own environment, including, in the case of a person committed under  7-1304.06a, to refrain from committing crimes of violence or sex offenses, and to raise the level of his or her physical, intellectual, social, emotional, and economic efficiency. The term habilitation includes, but is not limited to, the provision of community-based services. (7) Home and community-based services waiver means a Medicaid home and community-based services waiver approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat. 809; 42 U.S.C.  1396n). (7A) "Intellectual disability" or "persons with intellectual disabilities" means a person that is diagnosed before 22 years of age with an intellectual disability as set forth in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. (8) Repealed. (9) Medical Assistance Program and Medicaid Program mean the program described in the Medicaid State Plan and administered by the DHCF pursuant to  1-307.02(b), and Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C.  1396 et seq.). (10) Repealed. (11) Repealed. (12) Resident of the District of Columbia shall have the same meaning as provided in  7-1301.03(22). (13) RSA means the Rehabilitation Services Agency within the Department of Human Services.  (Mar. 14, 2007, D.C. Law 16-264,  102, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  15(a), 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155,  5002(a), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160,  5022(a), 63 DCR 10775; May 5, 2018, D.C. Law 22-93,  101(a), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  2(a), 69 DCR 002653.)  Effect of Amendments The 2012 amendment by D.C. Law 19-169, in (1), substituted persons with intellectual disabilities for persons with mental retardation in the first sentence, substituted person with an intellectual disability for person with mental retardation in the first and second sentences, and substituted intellectual disabilities for mental retardation at the end of the second sentence; added (7A); and repealed (10) and (11), which formerly read: (10) Mental retardation or persons with mental retardation means a substantial limitation in capacity that manifests before 18 years of age and is characterized by significantly subaverage intellectual functioning, existing concurrently with 2 or more significant limitations in adaptive functioning. (11) MRDDA means the former Mental Retardation and Developmental Disabilities Administration within the Department of Human Services. The 2015 amendment by D.C. Law 20-155 added (3A); repealed (8); and substituted DCHF for Medical Assistance Administration in (9). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(a) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(a) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3054(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  3054(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).  For temporary (90 day) addition, see  102 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 days) amendment of this section, see  5002(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5002(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5002(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 7761.03. Establishment and purpose of the Department on Disability Services. Pursuant to  1-204.04(b), the Department on Disability Services is established as a separate Cabinet-level agency, subordinate to the Mayor, within the executive branch of the District of Columbia, for the purpose of: (1) Leading the reform of the Districts intellectual or developmental disabilities system by coordinating the collaborative efforts of government agencies, contractor providers, Medicaid waiver providers, labor, and community leaders to improve the care and habilitation services provided to individuals; (2) Ensuring that District laws, regulations, programs, policies, and budgets are developed and implemented to promote inclusion and integration, independence, self-determination, choice, and participation in all aspects of community life for individuals with intellectual or developmental disabilities and their families; and (3) Promoting the well-being of individuals with intellectual or developmental disabilities throughout their life spans, through the delivery of individualized, high-quality, safe services and supports.  (Mar. 14, 2007, D.C. Law 16-264,  103, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  15(b), 59 DCR 5567; May 18, 2022, D.C. Law 24-117,  2(b), 69 DCR 002653.)  Section References This section is referenced in  7-761.02 and  7-1301.03. Effect of Amendments The 2012 amendment by D.C. Law 19-169, in (1), substituted intellectual for mental retardation and individuals for consumers. Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(b) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(b) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition, see  103 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 7761.04. Organization. (a) The Department shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this chapter. (b) The Director shall have the authority to organize the Department as the Director may determine is necessary and appropriate to carry out the Departments mission.  (Mar. 14, 2007, D.C. Law 16-264,  104, 54 DCR 818.)  Emergency Legislation For temporary (90 day) addition, see  104 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
 7761.05. Duties. The Department shall: (1) Provide services and supports to consumers in accordance with: (A) Chapter 13 of this title; (B) Section 109 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1692; 42 U.S.C.  15009); and (C) This chapter; (2) No later than June 30, 2007, provide services and supports in accordance with subchapter II of Chapter 3 of Title 32 [ 32-331 et seq.]; (3) Establish rules, quality standards, and policies for all services and supports, including Medicaid-funded services; (4) Execute provider agreements and, in consultation with DHCF, establish rates for all services and supports, including Medicaid-funded services; (5) In conjunction with other District agencies and directed by a comprehensive quality management plan which makes clear that facility licensure and certification is an integral component of the Departments overall responsibility, monitor the provision of all services and supports and investigate, remediate, and enforce quality standards for all services and supports, including Medicaid-funded services; (6) Identify federal and other appropriate funding opportunities for services and supports for individuals with intellectual or developmental disabilities and their families, and directly pursue, and recommend and encourage other agencies to pursue, funding opportunities, where appropriate; (7) In the establishment of a waiting list for supports and services, DDS shall confer with residents with intellectual or developmental disabilities and their families, service providers, and advocates to provide information to the Department in developing rules and procedures, which shall provide: (A) That persons on the waiting list begin to receive supports and services within a reasonable period of time; (B) That the allocation of supports and services is based on a fair, equitable, and consistent method; (C) That the minimum supports and services are available to all eligible persons; (D) The supports and services for which a waiting list will be established; (E) How a person is placed on the waiting list; (F) The criteria that determine rank on the waiting list; (G) The criteria for providing immediate services to a person on the waiting list: (i) If the person is homeless or at imminent risk of becoming homeless, as these terms are defined in  4-751.01(18) and (23); or (ii) If there is a reasonable belief that the person is in imminent danger or will be subject to abuse or neglect if the person does not receive immediate support or service; (H) The process for a person to appeal his or her placement or rank on the waiting list; and (I) The notice procedure for informing a person of his or her placement on the waiting list, including how long the person can expect to wait for supports and services; (8) In partnership with residents with intellectual or developmental disabilities and their families, service providers, and advocates, through work groups, sponsor forums, or other type of assembly that ensures meaningful community participation, conduct a needs assessment of District residents with intellectual or developmental disabilities and their families, which shall be published no later than September 30, 2010; and (9)(A) Maximize Medicaid revenues by requiring, as of January 1, 2012, an individual to obtain and maintain District Medicaid eligibility for purposes of receiving supports and services from a District Medicaid-eligible provider or requiring the individual to make full payment directly to the provider for such supports and services; provided, that this requirement shall not apply to a person: (i) Who is a former resident of Forest Haven; (ii) Whose needs cannot reasonably be met by a District Medicaid provider; (iii) Who is eligible for enrollment in the D.C. Healthcare Alliance; or (iv) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee. (B) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.  (Mar. 14, 2007, D.C. Law 16-264,  105, 54 DCR 818; Mar. 3, 2010, D.C. Law 18-111,  5071(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21,  5003, 58 DCR 6226; Feb. 26, 2015, D.C. Law 20-155,  5002(b), 61 DCR 9990; May 18, 2022, D.C. Law 24-117,  2(c), 69 DCR 002653.)  Effect of Amendments D.C. Law 18-111, in par. (5), deleted ; and from the end; in par. (6), substituted a semicolon for a period at the end; and added pars. (7) and (8). D.C. Law 19-21 deleted and from the end of par. (7)(I); substituted ; and for a period the end of par. (8); and added par. (9). The 2015 amendment by D.C. Law 20-155 substituted DCHF for MAA in (4). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(c) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(c) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition, see  105 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 day) amendment of section, see  5071(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see  5071(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 days) amendment of this section, see  5002(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5002(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5002(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Short Title Short title: Section 5070 of D.C. Law 18-111 provided that subtitle H of title V of the act may be cited as the Department on Disability Services Reporting, Waiting List, and Assessment Amendment Act of 2009.
 7761.05a. Ticket to Work Employment Network Fund. (a) There is established as a special fund the Ticket to Work Employment Network Fund (Fund), which shall be administered by DDS in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from payments from the Social Security Administration as an Employment Network for the Ticket to Work and Self-Sufficiency Program, establish pursuant to the Ticket to Work and Work Incentives Improvement Act of 1999, approved December 17, 1999 (113 Stat. 1863; 42 U.S.C.  1320b-19). (c) The Fund shall be used for the Ticket to Work and Self-Sufficiency Program; provided, that to the extent that payments received from the Social Security Administration represent administrative or other fee payments, those amounts shall be available to DDS to defray the costs and expenses associated with administering the program or for any other purpose as determined by the Director. (d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Mar. 14, 2007, D.C. Law 16-264,  105a; as added Dec. 24, 2013, D.C. Law 20-61,  5032, 60 DCR 12472.)  Effect of Amendments The 2013 amendment by D.C. Law 20-61 added this section. Emergency Legislation For temporary (90 days) addition of this section, see  5032 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5032 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5031 of D.C. Law 20-61 provided that Subtitle D of Title V of the act may be cited as the Developmental Disabilities Service Management Reform Amendment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 7761.05b. Contribution to costs of supports. (a) DDS shall collect the contribution to costs of supports from persons with intellectual or developmental disabilities who are: (1) Medicaid Program-eligible but not eligible for the maximum Supplement Security Income or Social Security Disability Insurance payments; or (2) Not Medicaid Program-eligible but otherwise have been found eligible to receive services from the Developmental Disabilities Administration. (b) DDS shall collect the contribution to costs of supports under subsection (a) of this section only to the extent that DDS uses local dollars to fund the costs of occupancy.  (Mar. 14, 2007, D.C. Law 16-264,  105b; as added Oct. 8, 2016, D.C. Law 21-160,  5022(b), 63 DCR 10775; May 18, 2022, D.C. Law 24-117,  2(d), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(d) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(d) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7761.05c. Contribution to Costs of Supports Fund. (a) There is established as a special fund the Contribution to Costs of Supports Fund ('Fund'), which shall be administered by DDS in accordance with subsection (c) of this section. (b) The Fund shall consist of contributions to costs of supports collected by DDS from persons with intellectual or developmental disabilities pursuant to  7-761.05b. (c) The Fund shall be used by DDS to pay the costs of occupancy to persons with intellectual or developmental disabilities consistent with federal and local law and regulations. (d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Mar. 14, 2007, D.C. Law 16-264,  105c; as added Oct. 8, 2016, D.C. Law 21-160,  5022(b), 63 DCR 10775; May 18, 2022, D.C. Law 24-117,  2(e), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(e) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(e) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7761.06. Appointment and authority of the Director. (a) The Department shall be headed by a Director who shall report to the Mayor. The Mayor shall appoint the Director with the advice and consent of the Council pursuant to  1-523.01(a). (b) The Director shall: (1) Hold at least a masters degree or its equivalent in human services, clinical services, human service management, public administration, social work, or a related field; (2) Have relevant work experience; and (3) Possess: (A) Demonstrated knowledge of current best-practice policies, programs, services, and supports for individuals with intellectual or developmental disabilities; (B) Familiarity with local and federal funding streams supporting services to people with intellectual or developmental disabilities; and (C) Experience managing human service programs. (c) The Director shall serve as the administrative chief of the Department, and may organize personnel, re-delegate authority, develop programs, and take any other action, including issuing grants and stipends, consistent with appropriations, as warranted to accomplish the purpose and mission of the Department or to satisfy the requirements of applicable court orders. (d) The Mayor shall delegate to the Director all personnel authority, including full authority to hire, retain, and terminate personnel, and the Director shall exercise that personnel authority independent of the Office of Personnel and consistent with applicable court orders. (e) The Mayor shall delegate to the Director all procurement authority, including contracting and contracting oversight, and the Director shall exercise that procurement authority independent of the Office of Contracting and Procurement and consistent with applicable court orders. (f) The Mayor shall fix the compensation of the Director pursuant to subchapter X-A of Chapter 6 of Title 1 [ 1-610.51  1-610.63].  (Mar. 14, 2007, D.C. Law 16-264,  106, 54 DCR 818; Feb. 26, 2015, D.C. Law 20-155,  5002(c), 61 DCR 9990; May 18, 2022, D.C. Law 24-117,  2(f), 69 DCR 002653.)  Effect of Amendments The 2015 amendment by D.C. Law 20-155 added including issuing grants and stipends in (c). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(f) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(f) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3054(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  3054(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).  For temporary (90 day) addition, see  106 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 days) amendment of this section, see  5002(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5002(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5002(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
 7761.06a. Reporting requirements. (a) The Mayor shall publish reports on persons seeking and receiving services from the Department. Each report shall provide a monthly and year-to-date statistical profile of: (1) Persons who have applied for services, organized by: (A) Referral source; (B) Application status; and (C) Average length of time spent in each stage of the application process; (2) Eligible persons who have requested but not yet received one or more services, organized by service type; (3) Persons receiving services, organized by service type; and (4) Persons terminated from services, organized by reason for termination. (b) The Mayor shall publish the reports required under subsection (a) of this section on a bimonthly basis throughout fiscal year 2010 and on a quarterly basis thereafter, no later than the 15th day following the end of the month or quarter for which the report is required.  (Mar. 14, 2007, D.C. Law 16-264,  106a; as added Mar. 3, 2010, D.C. Law 18-111,  5071(b), 57 DCR 181.)  Emergency Legislation For temporary (90 day) addition, see  5071(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see  5071(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
 7761.06b. Reports and notices to be made available to the public. The Department shall make all reports and notices required under this chapter available on its website within one business day of publication, and shall provide copies to the public upon request.  (Mar. 14, 2007, D.C. Law 16-264,  106b; as added Mar. 3, 2010, D.C. Law 18-111,  5071(b), 57 DCR 181.)  Emergency Legislation For temporary (90 day) addition, see  5071(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see  5071(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
 7761.07. Medicaid services. (a) The Department and DHCF shall enter into an agreement for the Department to direct policy development and design of services, rate-setting, and support provided under the home and community-based services waiver for Individuals with Intellectual and Developmental Disabilities or any other waiver targeted for people with intellectual or developmental disabilities and their families that is approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat. 809; 42 U.S.C.  1369n); and policies, services, and supports related to the operation of intermediate care facilities for individuals with intellectual or developmental disabilities. (b) Nothing in this chapter shall affect the status of the DHCF as the single state agency for the administration of the Medicaid Program under section 1902(a)(5) of the Social Security Act, approved July 30, 1965 (79 Stat. 344; 42 U.S.C.  1396a(a)(5)). (c) Within 90 days of May 18, 2022, the Mayor shall seek any amendments, waivers, or exemptions of federal statutes and regulations necessary to expand the People with Intellectual and Developmental Disabilities waiver and the Individual and Family Support waiver to include persons with developmental disabilities, as that term is defined in  7-761.02(3A)  (Mar. 14, 2007, D.C. Law 16-264,  107, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  15(c), 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155,  5002(d), 61 DCR 9990; May 18, 2022, D.C. Law 24-117,  2(g), 69 DCR 002653.)  Effect of Amendments The 2012 amendment by D.C. Law 19-169 substituted intellectual or developmental disabilities for mental retardation in (a). The 2015 amendment by D.C. Law 20-155 rewrote (a); and substituted DCHF for Medical Assistance Administration in (b). Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(g) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(g) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see  3054(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  3054(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).  For temporary (90 day) addition, see  107 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). For temporary (90 days) amendment of this section, see  5002(d) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see  5002(d) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see  5002(d) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
 7761.08. Transfers of authority. (a) All real or personal property, leased or assigned to the Department of Human Services on behalf of the Mental Retardation and Developmental Disabilities Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions, and operations of the DHS as set forth in, and utilized to carry out, section III(U) of part B of subchapter IV of Chapter 15 of Title 1, [ 1-1504.02], relating to MRDDA, are transferred to the Department. (b) No later than June 30, 2007, all real or personal property, leased or assigned to the Department of Human Services on behalf of the Rehabilitation Services Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions, and operations of the DHS as set forth in, and utilized to carry out, section III(V) of part B of subchapter IV of Chapter 15 of Title 1 [of the Reorganization Plan No. 3 of 1986 [ 1-1504.02], effective January 3, 1987] and those functions and operations of the DHS pertaining only to social security disability and social security income eligibility determinations as set forth in, and utilized to carry out, section III(T) of part B of subchapter IV of Chapter 15 of Title 1 [ 1-1504.02], relating to RSA, shall be transferred to the Department. (c) The Chief Financial Officer shall promptly create within the system of accounting and reporting a separate account for the appropriations and expenditures of the Department, distinct from the accounts of DHS. (d)(1) All of the authority and functions of the DHS as set forth in section III(U) of part B of subchapter IV of Chapter 15 of Title 1 [ 1-1504.02], are transferred to the Department. (2) No later than June 30, 2007, all of the authority and functions of the DHS as set forth in section III(V) of part B of subchapter IV of Chapter 15 of Title 1 [ 1-1504.02], and the authority and functions pertaining to social security disability and social security income eligibility determinations as set forth in section III(T) of part B of subchapter IV of Chapter 15 of Title 1 [ 1-1504.02], shall be transferred to the Department.  (Mar. 14, 2007, D.C. Law 16-264,  108, 54 DCR 818.)  Emergency Legislation For temporary (90 day) addition, see  108 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Mayor's Orders Designation of the Office of Human Rights as the Administrator of the Client Assistance Program, see Mayors Order 2010-66, May 14, 2010 ( 57 DCR 4283).
 7761.09. Rulemaking and contracting authority. (a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules as necessary to implement the provisions of this chapter. (a-1)(1) Within 45 days after October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of  7-761.05b and 7-761.05c, including rules establishing who has the ability to pay the contribution to costs of supports, the amount to be collected, the method and timing of payments to DDS for such purposes, and due process protections. (2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day period of review, the proposed rules shall be deemed approved. (a-2)(1) Within 45 days after May 5, 2018, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of  7-761.13. (2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day period of review, the proposed rules shall be deemed approved. (a-3) Within 120 days of federal approval of the Medicaid waiver amendment contemplated under  7-761.07(c), the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement  7-761.07(c). (b) Pursuant to Unit A of Chapter 3 of Title 2, the Mayor may execute contracts, grants, and other legally binding documents to implement the provisions of this chapter.  (Mar. 14, 2007, D.C. Law 16-264,  109, 54 DCR 818; Oct. 8, 2016, D.C. Law 21-160,  5022(c), 63 DCR 10775; May 5, 2018, D.C. Law 22-93,  101(b), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  2(h), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(h) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(h) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition, see  109 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
 7761.10. Delegation and redelegation of authority. The Department and its Director shall be the successors to all intellectual or developmental disabilities-related authority delegated to the DHS and its Director, and the Director of the Department shall be authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies that include as a member the Director of the DHS with respect to intellectual or developmental disabilities-related authority.  (Mar. 14, 2007, D.C. Law 16-264,  110, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169,  15(d), 59 DCR 5567; May 18, 2022, D.C. Law 24-117,  2(i), 69 DCR 002653.)  Effect of Amendments The 2012 amendment by D.C. Law 19-169 twice substituted intellectual for mental retardation. Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(i) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(i) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition, see  110 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. Mayor's Orders Establishment of the State Independent Living Council as an Independent Commission, see Mayors Order 2010-105, June 25, 2010 ( 57 DCR 5554).
 7761.11. Rescission. All organizational orders and parts thereof in conflict with any of the provisions of this chapter are rescinded, except that any regulations adopted or promulgated by virtue of the authority granted by such orders shall remain in force until revised, amended, or repealed.  (Mar. 14, 2007, D.C. Law 16-264,  111, 54 DCR 818.)  Emergency Legislation For temporary (90 day) addition, see  111 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
 7761.12. Family Support Council. (a) The Director shall establish a Family Support Council to assist, within available appropriations, the Department and other agencies to develop systems of support for families throughout the lifespans of their family members with intellectual or developmental disabilities. (b) The Family Support Council shall be composed of 11 members, of whom the majority shall be people with intellectual or developmental disabilities and their family members. (c) No later than one year following February 26, 2015, the Department shall publish operating procedures for the Family Support Council, and the Director shall appoint the initial Family Support Council members.  (Mar. 14, 2007, D.C. Law 16-264,  112; as added Feb. 26, 2015, D.C. Law 20-155,  5002(e), 61 DCR 9990; May 18, 2022, D.C. Law 24-117,  2(j), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(j) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(j) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) addition of this section, see  5002(e) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) addition of this section, see  5002(e) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) addition of this section, see  5002(e) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
 7761.13. Formal complaints. (a) The Department shall: (1) Establish a process for the resolution of formal complaints, including formal complaints filed with a provider, which shall include, at a minimum: (A) The opportunity for any person, or a third party with the person's consent, to file a formal complaint with DDS or a provider; (B) Assistance for a person who needs help filing his or her formal complaint, orally or in writing; (C) The right of a person to be assisted by a family member, friend, attorney, or any other representative throughout the formal complaint process; (D) Definite time frames for each stage of the formal complaint resolution process; (E) A requirement that services and supports continue without limitation, reduction, or termination pending the resolution of a formal complaint regarding those services or supports; (F) Requirements for education and assistance to persons, provider staff, and third parties about individual rights and the formal complaint process; (G) An explanation of the appeal process available if the person is dissatisfied with the outcome of the formal complaint process; and (H) Prohibitions on retaliatory actions such as reprisal, restraint, interference, coercion, or discrimination by DDS or a provider against a person who files a formal complaint; (2) Establish a peer support pilot program to assist people with intellectual or developmental disabilities throughout the formal complaint process; and (3) Publish an annual report regarding the peer support pilot program described in paragraph (2) of this subsection, which shall include recommendations regarding how to improve the peer support pilot program. (b)(1) Any formal complaint filed with DDS shall receive a prompt review by the Director, or the Director's designee, who shall refer the formal complaint to an external reviewer in accordance with rules issued pursuant to  7-761.09(a-2). (2) If a formal complaint is referred to an external reviewer, the external reviewer shall: (A) Facilitate informal resolution of the formal complaint; or (B) If such informal resolution is not possible, determine: (i) Whether the Director should sustain or deny the formal complaint; and (ii) If the external reviewer determines that the Director should sustain the formal complaint, how DDS should remedy any problems raised in the formal complaint. (3) After completing a timely examination of a formal complaint, the external reviewer shall submit a written report to the Director and the person who filed the formal complaint describing the outcome of the external review process. (c) Nothing in this section shall be construed to restrict or limit the rights, procedures, and remedies available under federal or District law protecting the rights of persons receiving services through DDS or a provider. (d) Any person aggrieved by an action of DDS taken pursuant to this section may appeal the action of DDS to the Office of Administrative Hearings pursuant to  2-1831.02(a). (e) If a person files a formal complaint with DDS pursuant to this section that is substantially similar to a case that the person previously initiated in the Superior Court of the District of Columbia or the Office of Administrative Hearings, DDS shall deny the formal complaint. (f) For the purposes of this section, the term "provider" means an entity that is responsible for providing residential or day services to people supported by the Developmental Disabilities Administration of DDS.  (Mar. 14, 2007, D.C. Law 16-264,  113; as added May 5, 2018, D.C. Law 22-93,  101(c), 65 DCR 2823; May 18, 2022, D.C. Law 24-117,  2(k), 69 DCR 002653.)  Applicability Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(k) of Law 24-117 has been implemented.  Applicability of D.C. Law 24-117:  4 of D.C. Law 24-117 provided that the change made to this section by  2(k) of D.C. Law 24-117 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
 7771.01. Definitions. For the purposes of this chapter, the term: (1) Attorney General means the Attorney General for the District of Columbia. (2) CMPA means Chapter 6 of Title 1, [ 1-601.01 et seq.]. (3) Department means the Department of Health Care Finance established by  7-771.02. (4) Department CFO means the Chief Financial Officer for the Department of Health Care Finance. (4A) "Director" means the Director of the Department of Health Care Finance. (5) District CFO means the Chief Financial Officer of the District of Columbia. (6) DOH means the Department of Health. (7) MAA means the Medical Assistance Administration. (8) PPA means Unit A of Chapter 3 of Title 2, [ 2-301.01 et seq.)].  (Feb. 27, 2008, D.C. Law 17-109,  2, 55 DCR 216; Dec. 13, 2017, D.C. Law 22-33,  5032(a), 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  5032(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see  5032(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Editor's Notes Section 7090 of D.C. Law 17-219 repealed section 13 of D.C. Law 17-109.
 7771.02. Establishment of the Department of Health Care Finance. Pursuant to  1-204.04(b), there is established a Department of Health Care Finance as a separate, cabinet-level agency, subordinate to the Mayor, within the executive branch of the government of the District of Columbia.  (Feb. 27, 2008, D.C. Law 17-109,  3, 55 DCR 216.)  Section References This section is referenced in  7-771.01. Emergency Legislation For temporary (90 day) addition of section, see  5014 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of section, see  5014 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Editor's Notes For Department of Health Care Finance reporting requirements to Council, see  5013 of D.C. Law 19-168.
 7771.03. Purpose of the Department. The Department shall: (1) Maximize the well-being and quality of life for eligible low-income individuals and other populations through the provision of leadership and direction in administering responsive, effective, and efficient health-care benefits; (2) Develop a comprehensive, efficient, and cost-effective health-care system for the Districts uninsured, under-insured, and low-income residents; (3) Develop eligibility, service coverage, and service delivery and reimbursement policies for the Districts health-care-financing programs that ensure improved access and efficient delivery of service; (4) Ensure that District health-care programs maximize available federal financial assistance; and (5) Support the health-care policy, delivery, and access initiatives of the Department of Health and other District agencies through sound health-care financing.  (Feb. 27, 2008, D.C. Law 17-109,  4, 55 DCR 216.)  Section References This section is referenced in  7-771.04,  7-771.07, and  7-771.09.
 7771.04. Appointment of Director. The Department shall be headed by a Director, who shall: (1) Be appointed by the Mayor with the advice and consent of the Council, pursuant to  1-523.01(a); (2) Be qualified by experience and training to carry out the purposes of the Department as set forth in  7-771.03; and (3) Serve at the pleasure of the Mayor.  (Feb. 27, 2008, D.C. Law 17-109,  5, 55 DCR 216.) 
 7771.05. Duties of Director. In addition to other duties as may be lawfully imposed, the Director shall: (1) Supervise and direct the Department, organizing the Department for its efficient operation, including creating offices within the Department, as necessary, and exercising any other powers necessary and appropriate to implement the provisions of this chapter; (2) Receive, manage, and disburse all local and federal funds for operations and medical-assistance purposes of the Department; (3) Exercise personnel authority as appropriate to perform the functions of the Department consistent with Chapter 6 of Title 1 [ 1-601.01 et seq.]; (4) Execute grants, contracts, memoranda of agreement and understanding, or other agreements with governmental bodies, public and private agencies, institutions, and organizations on behalf of the Department; (5) Collaborate with other District agencies to ensure the coordination of Department initiatives that may affect or involve programs within other District agencies; and (6) Promulgate and implement rules and regulations necessary and appropriate to accomplish his or her duties and the Departments functions in accordance with subchapter I of Chapter 5 of Title 2.  (Feb. 27, 2008, D.C. Law 17-109,  6, 55 DCR 216.) 
 7771.05a. Assessment Fund. (a) There is established as a special fund the Assessment Fund (Fund), which shall be administered by the Department of Health Care Finance in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from the following sources: (1) User fees; and (2) Enrollment fees. (c) The Fund shall be used for the following purposes: (1) Administration and maintenance of the Departments provider operations; (2) Enrollment activities; and (3) Health information exchange activities. (d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Feb. 27, 2008, D.C. Law 17-109,  6a; as added Dec. 24, 2013, D.C. Law 20-61,  5012, 60 DCR 12472.)  Effect of Amendments The 2013 amendment by D.C. Law 20-61 added this section. Emergency Legislation For temporary (90 days) addition of this section, see  5012 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) addition of this section, see  5012 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 5011 of D.C. Law 20-61 provided that Subtitle B of Title V of the act may be cited as the Department of Health Care Finance Establishment Amendment Act of 2013. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
 7771.06. Department organization. The Department shall: (1) Have a Chief Financial Officer separate from any financial cluster, who shall: (A) Be appointed by the Chief Financial Officer of the District of Columbia after consultation with the Director; (B) Be qualified by experience and training to carry out accounting, budgeting, and financial management functions; (C) Report directly to, be ultimately responsible to, and be under the supervisory direction of the District CFO, through the Director; (D) Engage in the accounting, budgeting, and financial management functions as authorized by the District CFO; (E) Serve as a member of the Department management team; (F) Advocate for and advance the policy objectives of the Director, to the extent consistent with the ultimate responsibility of the Department CFO to, and supervisory control by, the District CFO; and (G) Be subject to evaluation, discipline, and transfer by the District CFO, in consultation with the Director; (2) Have a general counsel or the equivalent, who shall: (A) Be appointed by the Attorney General for the District of Columbia as an employee of the Office of the Attorney General, after consultation with the Director; (B) Be an attorney admitted to the practice of law in the District of Columbia; (C) Be qualified by experience and training to advise the Department with respect to legal issues related to its powers and duties; (D) Be in the Senior Executive Attorney Service as an at-will employee under the direction and control of the Attorney General; (E) Be subject to all applicable provisions of subchapter VIII-B of Chapter 6 of Title 1 [ 1-608.51 et seq.]; (F) Have an attorney-client relationship with the Department; (G) Advocate vigorously for the positions of the Department on legal issues, and if that advocacy poses a conflict with a legal position of the Attorney General, seek exemption from the supervision of the Attorney General as to that position, in accordance with  1-608.55(b); and (H) Be subject to evaluation, discipline, and transfer by the Attorney General, after consultation with the Director; and (3) Have sufficient staff, supervisory personnel, and resources, and be organized to carry out the functions and duties set forth in this chapter.  (Feb. 27, 2008, D.C. Law 17-109,  7, 55 DCR 216.) 
 7771.07. Powers and duties of the Department. Notwithstanding any other provision of law, the Department shall: (1) Be the single state agency, successor to the Medical Assistance Administration, for the administration of the Medicaid Program under section 1902(a)(5) of the Social Security Act, approved July 30, 1965 (79 Stat. 344; 42 U.S.C.  1396a(a)(5)); (2) Administer the D.C. HealthCare Alliance program and any other publicly funded health-care insurance program; (3) Coordinate with the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services on all waivers, State Plan amendments, demonstration grants, and other opportunities to maximize federal assistance and fulfill the purposes of the Department as set forth in  7-771.03; (4) Coordinate with other District government agencies to ensure effective and efficient use of Medicaid dollars, including providing training and technical assistance to ensure proper and timely billing and claims processing; (5) Cooperate with other District agencies to ensure coordinated health-care access and delivery for publicly funded health-care services; (6) Collaborate with the District agency responsible for eligibility determination in monitoring enrollment and beneficiary-outreach efforts; (7) Engage providers and clients in eligibility, access, quality-of-care, and reimbursement issues; (8) Develop and maintain a comprehensive information-technology infrastructure that accurately and efficiently processes claims, interfaces with other necessary public, private, and nonprofit information-technology systems, and collects information for data analysis of trending, cost measurement, performance management, policy development, and strategic planning; (9) Develop a long-term-care-finance infrastructure, in cooperation with other District agencies, including the Department of Disability Services, Department of Aging and Community Living, Long-Term Care Ombudsman, and DOH; (10) Promote cost-containment initiatives through policy development, best-practice implementation, grant development, innovative strategies to leverage funding sources, and strategic planning; (11) Develop an annual budget for the Department to be submitted to the Council by the Mayor, in accordance with  1-204.42; and (12) Exercise any other power or duty necessary to fulfill the purposes of the Department as set forth in  7-771.03. (13) Repealed.  (Feb. 27, 2008, D.C. Law 17-109,  8, 55 DCR 216; Feb. 17, 2018, D.C. Law 22-62,  2, 65 DCR 9; Mar. 29, 2019, D.C. Law 22-276,  3(g), 66 DCR 1721; Dec. 3, 2020, D.C. Law 23-149,  7100, 67 DCR 10493.)  Applicability Applicability of D.C. Law 22-62:  4 of D.C. Law 22-62 provided that the change made to this section by  2 of D.C. Law 22-62 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) reqirement that the Department of Health Care Finance, in coordination with the Deputy Mayor for Planning and Economic Development, develop a plan to establish a high-quality, full-service community hospital on the Saint Elizabeths East Campus, see  5092 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) reqirement that the Department of Health Care Finance, in coordination with the Deputy Mayor for Planning and Economic Development, develop a plan to establish a high-quality, full-service community hospital on the Saint Elizabeths East Campus, see  5092 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  Editor's Notes  For the requirement that the Department of Heath Care Finance develop a plan to establish a high-quality, full-service community hospital on the Saint Elizabeths East Campus, see section 5092 of D.C. Law 22-33. 
 7771.07a. Grant authority. (a)(1) For Fiscal Year 2018, the Director shall: (A) Award 4 grants of at least $50,000 to facilitate the development and application of telehealth services to: (i) Health care providers located in Wards 7 and 8; and (ii) Residents located in Wards 7 and 8; (B) Award 2 grants of at least $75,000 to facilitate the development and application of telehealth services to homeless shelters or public housing projects; and (C) Award a grant of $250,000 to a college of pharmacy located in the District to create and maintain a medication-assisted treatment genomic registry. (2) In awarding grants pursuant to paragraph (1)(A) of this subsection, the Director shall consider the following: (A) Promoting telehealth in specialty areas of medicine, including ophthalmology, obstetrics, and endocrinology; and (B) Expanding the application of telehealth to public schools, patient homes, and skilled nursing facilities. (a-1) For Fiscal Year 2019, the Director shall: (1) Award a competitive grant in an amount not to exceed $75,000 to develop a pilot program to strengthen the ability of faith-based organizations to: (A) Deliver health screening, assessments, and health care services through telehealth; and (B) Reduce low-acuity, non-emergency room visitation, avoidable hospitalizations, and hospital readmission for persons who live in Wards 5, 7, and 8; (2) Award 2 competitive grants in an amount not to exceed $50,000 to health care providers with expertise and staff capacity in medical oncology, particularly prostate and gynecologic cancers, that focus on patient screening, treatment planning, and care coordination, to defray the capital and equipment costs associated with the provision of additional oncological services in Wards 7 and 8; (3) Award a competitive grant in an amount not to exceed $30,000 to a health care provider to establish a program to provide free medical services to teen parents attending a District of Columbia public school or public charter high school located in Ward 7 or 8; (4) Award a competitive grant in an amount not to exceed $500,000 to an organization to design and develop a community resource inventory that is accessible to health and social support organizations and that has the capacity to communicate and track referrals; and (5)(A) Award a competitive grant in an amount not to exceed $200,000 to an entity to provide multi-disciplinary, patient-centered preventative health and perinatal educational services to high-risk expectant mothers residing in Wards 7 and 8 and who receive Medicaid or are Medicaid-eligible. (B) No more than 50% of the selected entity's direct services delivery staff shall possess higher than a bachelor's degree. (C) At a minimum, the selected entity shall demonstrate an ability to: (i) Implement a peer-support model of care for expectant mothers; (ii) Identify a consistent source of referrals for expectant mothers; (iii) Refer expectant mothers to WIC, health insurance coverage options, and other community resources; (iv) Provide the following services to expectant mothers: (I) Regular office and in-home visits; (II) Mental health supports; (III) Access to classes and support groups on perinatal fitness, childbirth education, nutritional education, newborn care, and parenting skills; (IV) Expanded maternity services from the end of pregnancy to 6 months postpartum; and (v) Initiate delivery of services to expectant mothers as follows: (I) Prior to 4 weeks postpartum for non-neonatal intensive care unit births; and (II) Up to 12 weeks postpartum for neonatal intensive care unit births; and (vi) Increase breastfeeding rates. (D)(i) The Director shall collect the following data from the selected entity regarding expectant mothers that receive services pursuant to paragraph (5)(A) of this subsection: (I) Maternal morbidity and mortality rates; (II) Number of low birth-weight newborns; (III) Rate of premature births; (IV) Infant morbidity and mortality rates; (V) Tobacco and nicotine use during pregnancy and pediatric exposure to second hand smoke; and (VI) Other data as determined by the Director. (ii) The Director shall compare the data in sub-subparagraph (i) with outcomes among the general Medicaid and Medicaid-eligible population and report his findings to the Council's Committee on Health. (a-2) For Fiscal Year 2020, the Director shall: (1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health Center ("FQHC"), the amount of the grant shall not be offset against the FQHC's expenses for the purpose of determining its allowable costs in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR  4511.2). (B) At a minimum, the selected entity shall possess: (i) The staff capacity and expertise necessary to provide medical respite care, with a particular emphasis on care for women who are homeless; and (ii) The ability to provide case management services, including assistance in accessing permanent housing services. (C) By September 30, 2020, the Director shall submit a report to the Council that sets forth: (i) Recommendations for the establishment of medical respite care services for homeless individuals, through either: (I) An amendment to the District of Columbia Medicaid State Plan; or (II) A waiver pursuant to section 1115 of the Social Security Act, approved July 25, 1962 (76 Stat. 192; 42 U.S.C.  1315), for home and community-based services; (ii) The types of services that may be offered to homeless individuals through a medical respite care program; and (iii) An identification of any potential restrictions on the provision of services identified pursuant to sub-subparagraph (ii) of this subparagraph, including the use of prior authorization. (2)(A)(i) Award competitive grants in an amount not to exceed $100,000 to community-based initiatives focused on addressing the social determinants of health in Wards 7 and 8. (ii) In establishing criteria for the award of grants pursuant to sub-subparagraph (i) of this subparagraph, the Department shall prioritize community-based initiatives that utilize a cohort-based curriculum that incorporates design-thinking. (B) By November 1, 2019, the Department shall publish criteria in the District of Columbia Register governing the process for applying for and administering grants issued pursuant to subparagraph (A)(i) of this paragraph; provided, that the Department shall require grant applications to be submitted by January 15, 2020. (C) By March 1, 2020, the Department shall dispense final awards for all grants issued pursuant to subparagraph (A)(i) of this paragraph. (a-3) For Fiscal Year 2021, the Director may issue grants pursuant to [7-771.07b(b)(4)(B)(ii) and (iii) [ 7-771.07b repealed]] . (a-4) For Fiscal Year 2021, the Director may: (1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health Center ("FQHC"), the amount of the grant shall not be offset against the FQHC's expenses for the purpose of determining its allowable cost in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR  4511.2). (B) At a minimum, the selected entity shall possess: (i) The staff capacity and expertise necessary to provide medical respite care, with a particular emphasis on care for women who are homeless; and (ii) The ability to provide case management services, including assistance in accessing permanent housing services. (2) If a grant is awarded, then by September 30, 2021, the Director shall submit a report to the Council that sets forth: (A) Recommendations for the establishment of medical respite care services for homeless individuals, through either: (i) An amendment to the District of Columbia Medicaid State Plan; or (ii) A waiver pursuant to section 1115 of the Social Security Act, approved July 25, 1962 (76 Stat. 192; 42 U.S.C.  1315), for home and community-based services; (B) The types of services that may be offered to homeless individuals through a medical care respite program; and (C) An identification of any potential restrictions on the provision of services identified pursuant to sub-subparagraph (ii) of this subparagraph, including the use of prior authorization. (a-5) For Fiscal Year 2022, subject to the availability of funds, the Director may: (1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health Center ("FQHC"), the amount of the grant shall not be offset against the FQHC's expenses for the purpose of determining its allowable cost in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR  4511.2). (B) At a minimum, the selected entity shall possess: (i) The staff capacity and expertise necessary to provide medical respite care, with a particular emphasis on care for women who are homeless; and (ii) The ability to provide case management services, including assistance in accessing permanent housing services. (2)(A) Award competitive grants in an amount not to exceed $200,000 to community-based initiatives focused on addressing the social determinants of health in Wards 7 and 8. (B) In establishing criteria for the award of grants pursuant to this paragraph, the Department shall prioritize community-based initiatives that utilize a cohort-based curriculum that incorporates design-thinking. (3)(A) Award competitive grants in an amount not to exceed $200,000 to study the barriers to telehealth services for clients of the Department of Behavioral Health and the Department of Disability Services, utilizing a design-thinking approach, and to propose a set of recommendations for addressing those barriers. (B) In establishing criteria for the award of grants pursuant to this paragraph, the Department shall prioritize providers that have an established program dedicated to design-thinking. (4) Award competitive grants in an amount not to exceed $250,000 to assist FQHCs in educating their patients in Wards 7 and 8 on how to properly access telehealth services; provided, that the amount of the grant shall not be offset against the FQHC's expenses for the purpose of determining its allowable costs in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR  4511.2). (5) Award a competitive grant in an amount not to exceed $100,000 to a District-based organization to deploy non-physician healthcare practitioners, such as social workers, to facilitate and improve care coordination for pregnant mothers receiving health benefits through Medicaid or the DC HealthCare Alliance; provided, that the Department shall select an awardee with experience providing prenatal and postpartum maternal care to Medicaid beneficiaries by way of digital health or telehealth with a focus on early detection of pregnancy-related illnesses, such as gestational hypertension or preeclampsia. (b) By April 1, 2019, the Director shall submit a report to the Secretary to the Council on all grants issued pursuant to this section. (c) All grants issued pursuant to this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1. (d) The Director may set forth health outcome measures for all grants issued pursuant to this section. (d-1) Funds appropriated for grants issued pursuant to subsection (a-2) of this section shall not be reprogrammed, unless the Council approves the reprogramming request by resolution. (e) For the purposes of this section, the term: (1) "Design-thinking" means a structured, human-centered creative process that synthesizes multi-disciplinary ideas to address the social determinants of health. (1A) "Health-care provider" shall have the same meaning as provided in  21-2202(4). (2) "Medication-assisted treatment genomic registry" means a central location for the submission of genetic test information that health care providers can use in the provision of medication assisted treatment, clinical decision support for induction, stabilization, and maintenance treatment, and genomic-guided medication therapy management for opioid addiction. (2A) "Social determinants of health" means the conditions in the environment in which people are born, live, work, and age that have a significant impact on health outcomes, including socioeconomic status, education, physical environment, employment, social support networks, and access to health-care services. (3) "Telehealth" shall have the same meaning as provided in  31-3861(18). (4) "WIC" means the Special Supplemental Nutrition Program for Women, Infants, and Children, as provided in section 17 of the Child Nutrition Act of 1966, approved September 26, 1972 (86 Stat. 729; 42 U.S.C.  1786).  (Feb. 27, 2008, D.C. Law 17-109,  8a; as added Dec. 13, 2017, D.C. Law 22-33,  5032(b), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168,  5062, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16,  5072, 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149,  5032(a), 5063, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45,  5122, 68 DCR 010163; July 12, 2022, D.C. Law 24-147,  110, 143, 69 DCR 003386.)  Emergency Legislation  For temporary (90 days) amendment of this section, see  5122 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  5072 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see  5072 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see  5062 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see  5062 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90-day) creation of this section, see  5032(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).   For temporary (90-day) creation of this section, see  5032(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032). 
 7771.07b. Medicaid reserve. [Repealed] Repealed.  (Feb. 27, 2008, D.C. Law 17-109,  8b; as added Dec. 3, 2020, D.C. Law 23-149,  5032(b), 67 DCR 10493; Mar. 16, 2021, D.C. Law 23-251,  202(a), 68 DCR 001234; Nov. 13, 2021, D.C. Law 24-45,  5022(a), 68 DCR 010163.)  Applicability Applicability of D.C. Law 23-251:  401 of D.C. Law 23-251 provided that the change made to this section by  202(a)(1) of D.C. Law 23-251 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of this section, see  5022(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  3(a) of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539). 
 7771.07c. DC HealthCare Alliance Reform Fund. [Repealed] Repealed.  (Feb. 27, 2008, D.C. Law 17-109,  8c; as added Nov. 13, 2021, D.C. Law 24-45,  5113, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167,  5002(a), 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  5002(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).   For temporary (90 days) creation of this section, see  5113 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602). 
 7771.07d. Home and Community-Based Services Enhancement Fund. (a) There is established as a special fund the Medicaid Home and Community-Based Services Enhancement Fund ("Fund"), which shall be administered by the Department in accordance with subsections (c) and (d) of this section. (b)(1) On or before October 1, 2022, the Chief Financial Officer shall deposit into the Fund an amount of local funds equal to the amount of federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817 Enhancement Amount"), minus the amount of the Section 9817 Enhancement Amount expended by the District before the date the Chief Financial Officer makes the deposit required by this paragraph. (2) There shall be deposited into the Fund after the date the Chief Financial Officer makes the deposit required by paragraph (1) of this subsection an amount of local funds equal to the amount of any additional federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817"). (c) Money in the Fund shall be used only to fund the implementation of activities that enhance, expand, or strengthen Medicaid home and community-based services, as described in the Initial Spending Plan and Narrative for Enhanced Funding for Medicaid Home and Community-Based Services under Section 9817, as such plan may be updated from time to time, or as otherwise authorized by the Centers for Medicare and Medicaid Services. (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.  (Sept. 21, 2022, D.C. Law 24-167,  5002(b), 69 DCR 009223.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5002(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). 
 7771.08. Temporary personnel and procurement authority. Effective until October 1, 2009, the Department shall exercise: (1) Personnel authority to hire, retain, and terminate personnel as appropriate to perform the functions of the Department consistent with Chapter 6 of Title 1, including establishing compensation and reimbursement consistent with the Districts wage grade and non-wage grade schedules and the Congressionally approved budget; and (2) Procurement authority independent of the Office of Contracting and Procurement, consistent with Chapter 3A of Title 2; except that  2-352.01a shall not apply.  (Feb. 27, 2008, D.C. Law 17-109,  9, 55 DCR 216; Sept. 26, 2012, D.C. Law 19-171,  209, 59 DCR 6190.)  Effect of Amendments The 2012 amendment by D.C. Law 19-171 substituted consistent with Chapter 3A of Title 2; except that  2-352.01(a) shall not apply for consistent with  2-301.01 et seq.; except with regard to the powers and duties set forth in  2-301.05(a), (b), (c), and (e) in (2).
 7771.09. Transition process. (a) No later than March 1, 2008, the Mayor shall submit a proposed transition plan, which has been approved by the Chief Financial Officer and which is accompanied by a proposed resolution, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, that identifies: (1) All the powers, duties, functions, operations, real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available, or to be made available, including those from the MAA and the Health Care Safety Net Administration, that are used to accomplish the purposes of the Department as set forth in  7-771.03; (2) The powers, duties, functions, operations, real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available, or to be made available, that will be transferred to the Department; (3) The impact of the proposed transfers on the budget of DOH and on the budgets of each affected District agency; (4) The personnel who shall form the transition team and who shall be accountable for the monitoring and allocation of functions and assets to be transferred to the Department; and (5) The procedure by which other District government agencies shall pre-approve claims and allow providers to submit bills directly to the Department, enabling the Department to satisfy valid claims from all available funding sources. (b) If the Council does not approve or disapprove the proposed transition plan, in whole or in part, by resolution within the 45-day review period, the proposed transition plan shall be deemed approved; (c) Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Unit A of Chapter 3 of Title 2, [ 2-301.01 et seq.].  (Feb. 27, 2008, D.C. Law 17-109,  10, 55 DCR 216.)  Section References This section is referenced in  7-771.10.
 7771.10. Date of transfer of assets and authority. No later than October 1, 2008, the transition plan required by  7-771.09, as approved, shall be implemented.  (Feb. 27, 2008, D.C. Law 17-109,  11, 55 DCR 216.) 
 7771.10a. Unspent local funds. [Repealed] Repealed.  (Feb. 27, 2008, D.C. Law 17-109,  11a; as added Mar. 16, 2021, D.C. Law 23-251,  202(b), 68 DCR 001234; Nov. 13, 2021, D.C. Law 24-45,  5022(b), 68 DCR 010163.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  5022(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see  3(b) of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539).  Editor's Notes  For a determination by the CFO, prior to March 31, 2021, if all or a portion of the Fiscal Year 2021 Medicaid Reserve is not needed to ensure that the Department of Health Care Finance has sufficient funds in Fiscal Year 2021, see  5 of D.C. Act 24-6. 
 7771.11. Continuation of rules and regulations. All rulemaking and regulations for the administration of the District Medicaid Program and D.C. Health Care Alliance Program, issued under appropriate authority, shall continue in full force and effect.  (Feb. 27, 2008, D.C. Law 17-109,  12, 55 DCR 216.) 
 7781. Establishment of the Office of Violence Prevention and Health Equity. (a) There is established within the Department of Health an Office of Violence Prevention and Health Equity ("Office") tasked with utilizing public health institutions and methods to halt the spread of violence in the District of Columbia. (b) By October 1, 2016, or 6 months after receiving funding, whichever is later, the Office shall: (1) In coordination with the Districts other health, human services, public safety, and justice agencies, including the Office of the Attorney General, develop and implement a public health strategy, which includes the use of risk-assessment tools, identification of heavy utilizers of public services, provision of cognitive and family-based therapy, and coordination of available services, to combat the spread of violence; (2) Conduct a public information campaign concerning the impact of violence, strategies for violence cessation, and the use of alternative dispute resolution techniques; and (3) Assist the Office of Victim Services and Justice Grants in developing a program to ensure the presence of specially trained staff, tasked with providing counseling, mental health treatment, mediation and dispute resolution services, and trauma-informed care to apparent victims of violence and their families, in each hospital emergency department in the District; provided, that the program shall ensure that at least one specially trained staff member providing the services identified in this paragraph be available at each emergency department whenever the emergency department is accepting patients. (c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.  (June 30, 2016, D.C. Law 21-125,  104, 63 DCR 4659.)  Applicability Section 7014 of D.C. Law 22-33 repealed  901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented. Section 3102(b) of D.C. Law 21-160 amended  901(a) of D.C. Law 21-125, making only subsection (b)(3) subject to funding. Therefore the other changes made to this section by D.C. Law 21-125 have been given effect.  Applicability of D.C. Law 21-125:  901 of D.C. Law 21-125 provided that the change made to this section by  104 of D.C. Law 21-125 is subject to the inclusion of the laws fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of  901 of D.C. Law 21-125, see  7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7791.01. High-Need Healthcare Career Scholarships and Supports Program.  *NOTE: This section was created by temporary legislation that will expire on May 4, 2023.*  (a)(1) The Mayor shall establish the High-Need Healthcare Career Scholarships and Supports Program for the purpose of increasing the number of healthcare workers in high-need healthcare careers in the District by providing supports and services to individuals who agree to serve as such workers in the District. (2) The Program may pay expenses incurred to obtain credentials to serve as healthcare workers in high-need healthcare careers, including the costs of education, training, transportation, and examinations. (b) To participate in the Program, an applicant must: (1) Be a citizen or permanent resident of the United States; (2) Submit a completed application, in such form and with such information and documentation as may be required by the Mayor; and (3) Be selected for participation by the Mayor based upon: (A) The individual's relevant experience; (B) The individual's ability to successfully complete the necessary education, training, examination, and licensing, certification, or registration requirements to serve as a healthcare worker in a high-need healthcare career in the District; (C) The individual's ability to serve successfully as a healthcare worker in a high-need healthcare career; (D) The individual's commitment to serve as a healthcare worker in a high-need healthcare career in the District for at least 2 years following their licensure, certification, or registration as a healthcare worker; and (E) Such other factors as the Mayor may establish, which may include preferential consideration for: (i) Residents of the District; (ii) Applicants committed to enrolling in a school or training program located in the District; (iii) Residents of a Health Professional Shortage Area or Medically Underserved Area, as those terms are defined in  7-751.01(4) and (5); (iv) Applicants who are immediately eligible and available for education or training; (v) Applicants who agree to commit to longer periods of service as a healthcare worker in a high-need healthcare career in the District than the 2 years required by subparagraph (D) of this paragraph; (vi) Applicants who are fluent in Spanish, Chinese, Vietnamese, Korean, French, or Amharic; and (vii) Applicants demonstrating a desire to reside within the District. (c) Each applicant selected for participation in the Program shall enter into a contract with the District agreeing to: (1) Complete the necessary education, training, and examinations to become a healthcare worker in a high-need healthcare career in the District; (2) Serve a minimum of 2 years as a healthcare worker in a high-need healthcare career in the District; and (3) Provide such information and reports on the applicant's participation in the Program as may be required by the Mayor. (d) The contract required by subsection (c) of [this section] may provide the District with specific remedies for a Program participant's breach of the contract, and the District shall have the general right to enforce the contract in law or equity. (e) For purposes of this chapter, the term: (1) "High-need healthcare career" means a career as nursing assistive personnel, an emergency medical technician, a paramedic, or any healthcare profession as may be determined by the Mayor. (2) "Program" means the High-Need Healthcare Career Scholarships and Supports Program established pursuant to this chapter.  (Sept. 21, 2022, D.C. Law 24-184,  101, 0 DCR 0.)  Emergency Legislation  For temporary (90 days) creation of this section, see  101 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) creation of this section, see  101 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0). 
 7791.02. Eligibility requirements for participating schools and training programs.  *NOTE: This section was created by temporary legislation that will expire on May 4, 2023.*  (a) A school or training program applying to participate in the Program shall be licensed to operate and be in good standing in the District or another state. (b) Eligible schools and training programs shall be competitively reviewed and selected by the Mayor for participation in the Program based upon: (1) The number of years during which the school or training program has successfully provided education or training in the healthcare sector and in high-need healthcare careers; (2) The quality of the education or training provided by the school or training program; (3) The school or training program's commitment to train individuals in high-need healthcare careers; and (4) Such other relevant factors as the Mayor may establish. (c) Preferential consideration for participation in the Program shall be given to eligible schools and training programs located in the District. (d) Each school or training program selected to participate in the Program shall enter into a contract with the District agreeing to: (1) Educate or train Program participants; (2) Assist Program participants in the required examinations; (3) Pay the examination fees necessary for the Program participant's licensure, registration, or certification in a high-need healthcare career; (4) Assist Program participants in submitting applications for their licensure, registration, or certification in a high-need healthcare career; and (5) Submit such reports and information regarding the school or training program's Program participation as may be required by the Mayor. (e) The contract required by subsection (d) of this section may provide the District with specific remedies for a school or training program's breach of the contract, and the District shall have the general right to enforce the contract in law or equity.  (Sept. 21, 2022, D.C. Law 24-184,  102, 0 DCR 0.)  Emergency Legislation  For temporary (90 days) creation of this section, see  102 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) creation of this section, see  102 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0). 
 7791.03. Rulemaking authority.  *NOTE: This section was created by temporary legislation that will expire on May 4, 2023.*  The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.  (Sept. 21, 2022, D.C. Law 24-184,  103, 0 DCR 0.)  Emergency Legislation  For temporary (90 days) creation of this section, see  103 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Emergency Amendment Act of 2022 (D.C. Act 24-468, July 6, 2022, 69 DCR 008390).  Temporary Legislation  For temporary (225 days) creation of this section, see  103 of High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Temporary Amendment Act of 2022 (D.C. Law 24-184, Sept. 21, 2022, 0 DCR 0). 
 7801. Prophylactic solution to be administered. The Mayor may, upon the advice of the Director of the Department of Health and pursuant to subchapter I of Chapter 5 of Title 2, issue rules to prevent and monitor the occurrence of ophthalmia in newborns. Unless the Mayor provides otherwise, each physician, certified midwife, certified professional midwife, or certified nurse-midwife who delivers or otherwise assumes the initial care of a newborn shall, immediately upon that delivery or assumption of care, administer to each eye of the newborn a 1% solution of silver nitrate, an ophthalmic ointment containing either 1% tetracycline or 0.5% erythromycin, or another prophylactic approved by the Mayor.  (Apr. 27, 1937, 50 Stat. 120, ch. 144,  1; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Feb. 21, 1986, D.C. Law 6-83,  4(a), 32 DCR 7276; Dec. 29, 2021, D.C. Law 24-46,  4(a), 68 DCR 011642.)  Prior Codifications 1981 Ed.,  6-301. 1973 Ed.,  6-201. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101.
 7802. Report of eye inflammation; treatment. Whenever a physician or nurse-midwife discovers that a newborn in his or her care has inflammation of the eye(s) with suppuration, he or she shall report these symptoms to the Commissioner of Public Health within 6 hours of their discovery. Upon receipt of such communication the Commissioner of Public Health, unless he finds such report to be incorrect, shall issue an order directing the parents of such child (or other person charged with its care) either to: (1) place such child in the care of a registered physician; or (2) submit immediately satisfactory proof of inability to pay for such medical service. If the Director of the Department of Human Services finds that the parents or such other person are unable to pay for such medical treatment, he shall order the parents (or such other person) to place the child in a hospital to be designated by the Department of Human Services and at the expense of said Department.  (Apr. 27, 1937, 50 Stat. 120, ch. 144,  2; Aug. 1, 1950, 64 Stat. 393, ch. 513,  1; Feb. 21, 1986, D.C. Law 6-83,  4(b), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-302. 1973 Ed.,  6-202. Editor's Notes Office of Director of Public Health abolished: See Historical and Statutory Notes following  7-101. Health Department abolished: See Historical and Statutory Notes following  7-180.
 7803. Treatment by other than registered physician. No person other than a registered physician shall treat any case of inflammation of the eyes, attended by a discharge therefrom, of a newborn child for any period longer than may be necessary to obtain the services of a registered physician.  (Apr. 27, 1937, 50 Stat. 120, ch. 144,  3.)  Prior Codifications 1981 Ed.,  6-303. 1973 Ed.,  6-203.
 7804. Penalty. Any person who willfully violates this subchapter or any rule, regulation, or order issued pursuant to this subchapter shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. Prosecution shall be in the Superior Court of the District of Columbia by information signed by the Corporation Counsel.  (Apr. 27, 1937, 50 Stat. 120, ch. 144,  4; Feb. 21, 1986, D.C. Law 6-83,  4(c), 32 DCR 7276.)  Prior Codifications 1981 Ed.,  6-304. 1973 Ed.,  6-204.
 7831. Purpose. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  2, 27 DCR 1087; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-311. Delegation of Authority Delegation of authority pursuant to D.C. Law 3-65, the D.C. Newborn Screening Requirement Act of 1979, see Mayors Order 99-88, June 2, 1999 ( 46 DCR 5721).
 7832. Definitions. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  3, 27 DCR 1087; July 25, 1985, D.C. Law 6-13,  2(a), 32 DCR 3235; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-312.
 7833. Neonatal testing for metabolic disorders. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  4, 27 DCR 1087; July 25, 1985, D.C. Law 6-13,  2(b), 32 DCR 3235; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-313. Section References This section is referenced in  7-836. Delegation of Authority Delegation of authority pursuant to the Preventive Health Services Amendment Act of 1985, see Mayors Order 98-141, August 20, 1998 ( 45 DCR 6588). Delegation of authority pursuant to Law 6-13, see Mayors Order 86-36, March 3, 1986.
 7834. Principles governing newborn screening. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  5, 27 DCR 1087; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-314. Section References This section is referenced in  7-833. Delegation of Authority Delegation of Authority pursuant to D.C. Law 3-65, District of Columbia New Born Screening Requirement Act of 1979, see Mayors Order 2004-172, October 20, 2004 ( 51 DCR 10494).
 7835. Committee on Metabolic Disorders  Composition; term of office; compensation; vacancies; chairperson; meetings. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  6, 27 DCR 1087; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-315.
 7836. Committee on Metabolic Disorders  Duties. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  7, 27 DCR 1087; July 25, 1985, D.C. Law 6-13,  2(c), 32 DCR 3235; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-316.
 7837. Committee on Metabolic Disorders  Annual report to Mayor and Council. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  8, 27 DCR 1087; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-317.
 7838. Assumption of costs by District government. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  9, 27 DCR 1087; July 25, 1985, D.C. Law 6-13,  2(d), 32 DCR 3235; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-318. Delegation of Authority Delegation of authority pursuant to Law 6-13, see Mayors Order 86-36, March 3, 1986.
 7839. Appropriation. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  10, 27 DCR 1087; July 25, 1985, D.C. Law 6-13,  2(e), 32 DCR 3235; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-319.
 7840. Effective date. [Repealed] Repealed.  (Apr. 29, 1980, D.C. Law 3-65,  11, 27 DCR 1087; Apr. 11, 2019, D.C. Law 22-290,  401, 66 DCR 1668.)  Prior Codifications 1981 Ed.,  6-320. Emergency Legislation For temporary authorization for the establishment of a program to provide early intervention services designed to meet the developmental needs of infants and toddlers from birth through 2 years of age and their families on a sliding fee scale to provide a system of payment for early intervention services based on the income of the family, see  2 of the Early Intervention Services Sliding Fee Scale Establishment Emergency Act of 1994 (D.C. Act 10-320, August 4, 1994, 41 DCR 5369),  2 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1994 (D.C. Act 10-329, October 21, 1994, 41 DCR 7160), and  2 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1995 (D.C. Act 11-1, January 18, 1995, 42 DCR 537). Section 3 of D.C. Act 10-320 provided that the Mayor shall issue rules to implement the provisions of the act. Section 3 of D.C. Act 10-329 provided that the Mayor shall issue rules to implement the provisions of the act. Section 3 of D.C. Act 11-1 provided that the Mayor shall issue rules to implement the provisions of the act. For temporary authorization for the establishment of a program to provide early intervention services designed to meet the developmental needs of infants and toddlers from birth through 2 years of age and their families on a sliding fee scale to provide a system of payment for early intervention services based on the income of the family, see  2 of the Early Intervention Services Sliding Fee Scale Establishment Emergency Act of 1994 (D.C. Act 10-320, August 4, 1994, 41 DCR 5369),  2 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1994 (D.C. Act 10-329, October 21, 1994, 41 DCR 7160),  2 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1995 (D.C. Act 11-1, January 18, 1995, 42 DCR 537),  2 of the Early Intervention Services Sliding Fee Scale Establishment Emergency Act of 1996 (D.C. Act 11-188, January 25, 1996, 43 DCR 395), and see  2 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Review Emergency Act of 1997 (D.C. Act 12-41, March 31, 1997, 44 DCR 2089). Section 3 of D.C. Act 12-41 provided that the Mayor shall issue rules to implement the provisions of the act.
 7857.01. Definitions. For the purposes of this chapter, the term: (1) Critical congenital heart disease means a group of heart defects that cause serious, life-threatening symptoms and require intervention within the first days or first year of life. (2) Health benefit plan shall have the same meaning as provided in  31-3301.01(20). (3) Health insurer shall have the same meaning as provided in  31-3301.01(22). (4) Hospital shall have the same meaning as provided in  44-501(a)(1). (5) Maternity center shall have the same meaning as provided in  44-501(a)(2). (6) Nurse-midwife means a registered nurse certified pursuant to 17 DCMR  5800 et seq. (7) Pulse oximetry means the non-invasive procedure used to measure oxygen levels in the blood.  (Sept. 17, 2015, D.C. Law 21-20,  2, 62 DCR 8845.) 
 7857.02. Critical congenital heart disease screening. (a) Every newborn delivered in a hospital, maternity center, or home shall be screened for critical congenital heart disease using pulse oximetry until an alternative test for critical congenital heart disease is adopted by the American Academy of Pediatrics. (b)(1) Each hospital, maternity center, and nurse-midwife shall: (A) Inform and educate the parent of the purpose and availability of critical congenital heart disease screening (screening); (B) Perform the screening unless the procedure is refused based on the parents religious or personal beliefs; (C) Document the screening results or the parents refusal to allow the screening; (D) Provide the screening results to the parent of the newborn and, if known, the newborns primary care provider; (E) When a newborn tests positive for critical congenital heart disease, provide recommendations for follow-up testing and treatment to the parent of the newborn and, if known, the newborns primary care provider; and (F) On a quarterly basis, notify the Department of Health of the number of infants screened for critical congenital heart disease, the results of those screenings, and any documented parental refusal based on religious or personal beliefs. (2) Screening results shall include, at minimum, the age of the infant at the time of screening, actual screening values, and the final interpretation of the results. (c) The screening required by subsection (a) of this section shall be performed in a manner consistent with the standards of the American Academy of Pediatrics for critical congenital heart disease.  (Sept. 17, 2015, D.C. Law 21-20,  3, 62 DCR 8845.) 
 7857.03. Health benefit plan reimbursement. All health insurer health benefit plans shall reimburse for screenings conducted under this chapter.  (Sept. 17, 2015, D.C. Law 21-20,  4, 62 DCR 8845.) 
 7857.04. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.  (Sept. 17, 2015, D.C. Law 21-20,  5, 62 DCR 8845.) 
 7858.01. Definitions. For the purposes of this chapter, the term: (1) "Birthing facility" means a facility or other place, other than a hospital or the mother's home, that provides antepartal, intrapartal, and postpartal care for both mother and child during and after normal, uncomplicated pregnancy. (1A) "Committee" means the Perinatal and Infant Health Advisory Committee established in  7-858.05. (2) "Critical congenital heart disease" means a group of heart defects that cause serious, life-threatening symptoms and require intervention within the first days or first year of life. (3) "Department" means the Department of Health. (3A) "Doctor" means a person holding a Doctor of Medicine (M.D.) or Doctor of Osteopathic Medicine (D.O.) degree. (3B) "Health benefit plan" shall have the same meaning as provided in  31-3171.01(5). (4) "Hearing impairment" means a dysfunction of the auditory system, of any type or degree, that is sufficient to interfere with the acquisition and development of speech and language skills, with or without the use of sound amplification. (5) "Hospital" means a facility other than a birthing facility or the mother's home, that provides antepartal, intrapartal, and postpartal care for both mother and child during and after pregnancy. (6) "Metabolic disorder" means a disorder which results in a defect in the function of a specific enzyme or protein. (7) "Nurse-midwife" means a registered nurse certified pursuant to Chapter 58 of Title 17 of the District of Columbia Municipal Regulations (17 DCMR  5800 et seq.). (8) "Parent" means an individual who is legally recognized to have all rights provided under District law with respect to a child. (9) "Report card" means a listing of A-F letter grades addressing compliance with the provisions included in  7-858.03(a).  (Apr. 11, 2019, D.C. Law 22-290,  301, 66 DCR 1668; June 24, 2020, D.C. Law 23-118,  2(a), 67 DCR 5090.) 
 7858.02. Newborn screening and testing. (a) Each hospital, birthing facility, and nurse-midwife shall: (1) Inform and educate the parent of a newborn of the purpose and availability of newborn screening for critical congenital heart disease, hearing impairment, and metabolic disorders; (2) Screen all newborns delivered or cared for at the hospital, home, or birthing facility for critical congenital heart disease, hearing impairment, and metabolic disorders, unless the newborn's parent withholds consent for the screening procedure; (3) Document the screening results or the parent's refusal to permit the screening; (4) Provide the screening results to the parent of the newborn and the newborn's primary care provider; (5) When a screening discloses a positive result, provide recommendations for follow-up testing and treatment to the parent of the newborn and to the newborn's primary care provider; and (6) Notify the Department of the number of infants screened, the results of the screening, and any documented parental refusal. (b) The Mayor shall establish specific procedures for each screening through rulemaking and may revise the type of newborn screening that hospitals, birthing facilities, and nurse-midwives are required to conduct. (c) Except for statistical data compiled without reference to the identity of any individual, all information obtained from any individual or from specimens from any newborn shall be held confidential and be considered a confidential medical record, except any information for which a parent consents to release. Each parent shall be informed of the scope of the information requested to be released and the purpose of releasing the information before the release of any confidential information. (d) Each individual and group health benefits plan issued or renewed in the District of Columbia shall provide coverage for newborn screenings required by and performed in accordance with the provisions of this section.  (Apr. 11, 2019, D.C. Law 22-290,  302, 66 DCR 1668; June 24, 2020, D.C. Law 23-118,  2(b), 67 DCR 5090.) 
 7858.03. Birthing facility report cards; inspections; annual reports. (a) Each hospital and birthing facility shall report to the Department information regarding inpatient services and processes for each of the following elements as the Department may require through rulemaking, including: (1) Newborn screening requirements established under this chapter; (2) Lactation support services; (3) Education requirements on newborn and postpartum health; (4) Discharge standards established under this chapter; and (5) Clinical quality measures of obstetrical and neonatal care. (b) The Department may inspect each hospital and birthing facility to verify compliance with the requirements of this chapter and to assess performance related to the elements set forth in subsection (a) of this section while conducting its annual inspection of each hospital and birthing facility. (c) The Department shall issue an annual report that includes a report card for each hospital and birthing facility that summarizes the results of the hospital or birthing facility for each element set forth in subsection (a) of this section.  (Apr. 11, 2019, D.C. Law 22-290, 303; as added June 24, 2020, D.C. Law 23-118,  2(e), 67 DCR 5090.) 
 7858.04. Discharge standards. (a) Each hospital, birthing facility, and nurse-midwife shall provide to each parent comprehensive newborn education and a discharge form approved by the Department with information regarding the newborn's hospital course of treatment, including screenings, procedures, and other tests. (b) The Mayor shall develop and issue standards for post-partum education, including breastfeeding, family planning, safe sleep practices, tobacco exposure, vaccinations, car safety, basic newborn care, and the results and rationale for newborn screenings. (c) The Mayor shall establish the content of newborn discharge forms through rulemaking.  (Apr. 11, 2019, D.C. Law 22-290,  302, 66 DCR 1668; redesignated  304, June 24, 2020, D.C. Law 23-118,  2(c), 67 DCR 5090.) 
 7858.05. Perinatal and Infant Health Advisory Committee; establishment and composition. (a) There is established a Perinatal and Infant Health Advisory Committee that shall be responsible for making recommendations to the Mayor and the Director of the Department of Health regarding improving perinatal health and assuring access to quality perinatal health services. (b) The committee shall be composed of the following 11 voting members: (1) The Director of the Department of Health, or designee, who shall also serve as chairperson of the committee; (2) The Director of the Department of Health Care Finance, or designee; (3) The State Superintendent of Education, or designee; (4) Two consumer members with children under the age of 5 years; (5) A doctor practicing as a pediatric primary care provider; (6) A doctor practicing as a neonatologist; (7) A doctor practicing as an obstetrician-gynecologist in an ambulatory setting; (8) A doctor specialized in and practicing maternal-fetal medicine; (9) A health care professional specialized in and practicing genetics and newborn screening; and (10) A certified lactation counselor. (c) The non-government members shall be appointed by the Mayor pursuant to  1-523.01(f)(69). Each non-government member shall be appointed for a term of 3 years; except, that of the initial appointments, 2 members shall be appointed for terms of 1 year, 3 members shall be appointed for terms of 2 years, and 3 members shall be appointed for terms of 3 years. If a vacancy occurs for any reason other than the normal expiration of a term, a member shall be appointed for the remainder of the unexpired portion of the term. No member shall be appointed to more than 3 consecutive 3-year terms. The members of the committee shall serve without compensation. (d) The committee shall meet quarterly, at a time and place determined by the chairperson. (e)(1) At least 6 members shall be present to constitute a quorum. (2) The committee may establish such policies and procedures as it considers appropriate for the administration of its functions. (f) The Department shall provide administrative support to the committee.  (Apr. 11, 2019, D.C. Law 22-290, 305; as added June 24, 2020, D.C. Law 23-118,  2(f), 67 DCR 5090.) 
 7858.06. Duties of the committee.  The committee shall: (1) Gather and disseminate information about perinatal and infant health indicators to increase the public's understanding of the status of perinatal and infant health in the District. (2) Review newborn screening and surveillance data, including aggregate reports and individual case studies, and provide recommendations to improve the quality of newborn screening and birthing facility maternal and newborn discharge protocols; (3) Provide recommendations for hospitals and birthing facilities to improve metrics on the report cards issued by the Department under  7-858.03(c); (4) Evaluate the need for and efficacy of all newborn screening tests and recommend the removal or addition of screening tests, as appropriate; (5) Devise strategies to increase promotion and support of breastfeeding; (6) Review perinatal and infant health policies and programs for the purpose of providing recommendations to improve their effectiveness in improving the health of mothers and infants; (7) Convene sub-committees for specialty areas of perinatal and newborn health, such as metabolic disorders, to inform and provide recommendations to the full committee as needed; and (8) Provide an annual report to the Mayor and Council of its legislative, regulatory, programmatic, and policy recommendations.  (Apr. 11, 2019, D.C. Law 22-290, 306; as added June 24, 2020, D.C. Law 23-118,  2(f), 67 DCR 5090.) 
 7858.07. Penalties. Civil fines and penalties may be imposed as sanctions for an infraction of  7-858.02(a) or (c),  7-858.03(a), or  7-858.04(a) pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.  (Apr. 11, 2019, D.C. Law 22-290, 307; as added June 24, 2020, D.C. Law 23-118,  2(f), 67 DCR 5090.) 
 7858.08. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Apr. 11, 2019, D.C. Law 22-290,  303, 66 DCR 1668; redesignated  308, June 24, 2020, D.C. Law 23-118,  2(d), 67 DCR 5090.) 
 7851. Definitions. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-276,  2, 48 DCR 1865; Apr. 11, 2019, D.C. Law 22-290,  402, 66 DCR 1668.) 
 7852. Newborn hearing screening programs. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-276,  3, 48 DCR 1865; Apr. 11, 2019, D.C. Law 22-290,  402, 66 DCR 1668.)  Section References This section is referenced in  7-855. Editor's Notes Section 7(a) of D.C. Law 13-276 provided: (a) Section 3 shall apply on the month 120 days following the effective date of this act.
 7853. Health benefit plan reimbursement. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-276,  4, 48 DCR 1865; Apr. 11, 2019, D.C. Law 22-290,  402, 66 DCR 1668.)  Section References This section is referenced in  7-855. Editor's Notes Section 7(b) of D.C. Law 13-276 provided: (b) Section 4 shall apply to all health benefit plans issued or reissued beginning on the first day of the month 120 days following the effective date of this act.
 7854. Rules. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-276,  5, 48 DCR 1865; Apr. 11, 2019, D.C. Law 22-290,  402, 66 DCR 1668.)  Delegation of Authority Delegation of Authority Pursuant to DC Law 13-276, the Newborn Hearing Screening Act of 2000, see Mayors Order 2002-12, February 1, 2002 ( 49 DCR 929).
 7855. Applicability of  7-852 and 7-853. [Repealed] Repealed.  (Apr. 4, 2001, D.C. Law 13-276,  6, 48 DCR 1865; Apr. 11, 2019, D.C. Law 22-290,  402, 66 DCR 1668.) 
 7865.01. Support for teen parents program. (a)(1) In Fiscal Year 2019, the Department of Human Services shall establish a program to support students in District of Columbia public schools and public charter schools who are pregnant or parenting with the goals of: (A) Keeping teen parents engaged in school; (B) Improving the graduation rate of teen parents; (C) Preparing teen parents for college or a career; and (D) Preventing subsequent teen pregnancies. (2) The program shall provide supports including case management, supplies and resources, assistance with securing services, educational workshops, incentives, and transportation stipends. (b) The Department of Human Services may issue a grant, in an amount not to exceed $1 million, to administer the program established pursuant to subsection (a) of this section and may enter into other agreements, as necessary, to provide supports to District of Columbia public schools and public charter schools to meet the goals of the program.  (Oct. 30, 2018, D.C. Law 22-168,  5072, 65 DCR 9388.)  Emergency Legislation  For temporary (90 days) creation of this section, see  5072 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) creation of this section, see  5072 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200). 
 7861. Program establishment. [Repealed] Repealed.  (Apr. 9, 1997, D.C. Law 11-172,  2, 43 DCR 4491; Mar. 2, 2007, D.C. Law 16-191,  33, 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-331. Emergency Legislation For temporary addition of subchapter, see  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Emergency Act of 1994 (D.C. Act 10-320, August 4, 1994, 41 DCR 5369),  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1994 (D.C. Act 10-329, October 21, 1994, 41 DCR 7160),  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Adjournment Emergency Act of 1995 (D.C. Act 11-1, January 18, 1995, 42 DCR 537),  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Emergency Act of 1996 (D.C. Act 11-188, January 25, 1996, 43 DCR 395),  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Congressional Review Emergency Act of 1996 (D.C. Act 11-245, April 11, 1996, 43 DCR 2121), and  2 and 3 of the Early Intervention Services Sliding Fee Scale Establishment Second Congressional Review Emergency Act of 1996 (D.C. Act 11-484, January 2, 1997, 44 DCR 628). For temporary (90 day) addition of subchapter, see  502 to 504 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). Temporary Legislation For temporary (225 day) addition, see  2 of Early Intervention Services Sliding Fee Scale Establishment Temporary Act of 1994 (D.C. Law 10-199, March 14, 1995, law notification 42 DCR 1516). For temporary (225 day) addition, see  2 of Early Intervention Services Sliding Fee Scale Establishment Temporary Act of 1996 (D.C. Law 11-132, May 29, 1996, law notification 43 DCR 3360). Delegation of Authority Delegation of authority pursuant to D.C. Law 11-172, the Early Intervention Services Sliding Fee Scale Establishment Act of 1996, see Mayors Order 97-110, June 18, 1997 ( 44 DCR 4128). Delegation of Rulemaking Authority to the Director of the Child and Family Services Agency under the Newborn Safe Haven Temporary Act of 2009, see Mayors Order 2009-146, September 1, 2009 ( 56 DCR 7517).
 7862. Rules. [Repealed] Repealed. .  (Apr. 9 1997, D.C. Law 11-172,  3, 43 DCR 4491; Mar. 2, 2007, D.C. Law 16-191,  33, 53 DCR 6794.)  Prior Codifications 1981 Ed.,  6-332. Emergency Legislation For temporary addition of subchapter, see note to  7-861. For temporary (90 day) addition of subchapter, see  502 to 504 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). Temporary Legislation For temporary (225 day) addition, see  3 of Early Intervention Services Sliding Fee Scale Establishment Temporary Act of 1994 (D.C. Law 10-199, March 14, 1995, law notification 42 DCR 1516). For temporary (225 day) addition, see  3 of Early Intervention Services Sliding Fee Scale Establishment Temporary Act of 1996 (D.C. Law 11-132, May 29, 1996, law notification 43 DCR 3360).
 7863.01. Short title. This subchapter may be cited as the Early Intervention Program Establishment Act of 2004.  (Apr. 13, 2005, D.C. Law 15-353,  501, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  501 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  501 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  501 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  501 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  501 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7863.02. Purpose. The purpose of this subchapter is: (1) To enhance the development of infants and toddlers with disabilities and to minimize their potential for developmental delay; (2) To reduce the educational costs to our society, including our schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age; (3) To minimize the likelihood for institutionalization of individuals with disabilities and maximize the potential for their independent living in society; (4) To enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; (5) To establish collaborative activities among agencies of the District of Columbia that administer programs relating to young children to maximize the quality of early intervention services; and (6) To enhance the capacity of city agencies and service providers to identify, evaluate, and meet the special needs of historically under-represented populations, particularly minorities and low-income and inner-city populations.  (Apr. 13, 2005, D.C. Law 15-353,  502, 52 DCR 2331.)  Section References This section is referenced in  38-2602. Emergency Legislation For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  502 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  502 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  502 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  502 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  502 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7863.03. Establishment of Early Intervention Program and Interagency Coordinating Council. (a) There is established in the District of Columbia an Early Intervention Program (Program) to provide early intervention services to infants and toddlers, from birth through 2 years of age, and their families. The program shall be administered by the Office of the State Superintendent of Education. The services shall be provided in accordance with the requirements of the Individuals with Disabilities Education Act, approved June 4, 1997 (111 Stat. 37; 20 U.S.C.  1400 et seq.). (b) There is established an Interagency Coordinating Council to advise and assist the Mayor with the implementation of the Program, including the establishment of interagency agreements. (c) Early intervention services shall not be required under this subchapter, if a minors parent or guardian submits in good faith a written notarized statement to the appropriate official affirming the intervention in question would violate the established tenets and practices of the parents or guardians church or religious denomination.  (Apr. 13, 2005, D.C. Law 15-353,  503, 52 DCR 2331; June 12, 2007, D.C. Law 17-9,  304(a), 54 DCR 4102; Mar. 25, 2009, D.C. Law 17-353,  203(a), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-9, in subsec. (a), substituted families, which shall be an office of and administered by the Office of the State Superintendent of Education for families. The Program will be administered and supervised by a lead agency designated by the Mayor. D.C. Law 17-353, in subsec. (a), substituted families. The program shall be for families, which shall be an office of and. Emergency Legislation For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  503 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  503 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  503 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  503 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  503 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7863.03a. Transfer from Department of Human Services; continuation. (a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Human Services that support functions related to the responsibilities of the Early Care and Education Administration and the Early Intervention Program and all of the powers, duties, and functions delegated to the Department of Human Services concerning the establishment, development, and institution of functions related to the Early Care and Education Administration and the Early Intervention Program are transferred to the Office of the State Superintendent of Education, established by  38-2601. The transfer shall be implemented in accordance with the transition plan required by  38-2605.01. (b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Board of Education, the District of Columbia Public Schools, the Department of Human Services, or the University of the District of Columbia relating to functions transferred to the Office of the State Superintendent of Education under subsection (a) of this section shall remain in effect according to their terms until lawfully amended, repealed, or modified.  (Apr. 13, 2005, D.C. Law 15-353,  503a; as added June 12, 2007, D.C. Law 17-9,  304(b), 54 DCR 4102; July 18, 2008, D.C. Law 17-202,  602, 55 DCR 6297.)  Section References This section is referenced in  38-2605.01. Effect of Amendments D.C. Law 17-202 substituted institution of functions related to the Early Care and Education Administration and the Early Intervention Program for institution of functions related to the Early Intervention Program.
 7863.04. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.  (Apr. 13, 2005, D.C. Law 15-353,  504, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  504 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  504 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  504 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  504 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  504 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708). Delegation of Authority Delegation of Authority pursuant to Section 504 of the Early Intervention Program Establishment Act of 2004, D.C. Law 15-353, as amended, see Mayors Order 2009-167, September 28, 2009 ( 56 DCR 8100).
 7871.01. Short title. This chapter may be cited as the Childhood Lead Poisoning Screening and Reporting Act of 2002.  (Oct. 1, 2002, D.C. Law 14-190,  2001, 49 DCR 6968.)  Prior Codifications 2001 Ed.,  7-1031. For temporary (90 day) addition of sections, see  2 to 6 of Childhood Lead Poisoning Screening and Reporting Emergency Act of 2002 (D.C. Act 14-379, June 3, 2002, 49 DCR 5301). For temporary (90 day) addition of sections, see  2 to 6 of Childhood Lead Poisoning Screening and Reporting Legislative Review Emergency Act of 2002 (D.C. Act 14-417, July 17, 2002, 49 DCR 7387).
 7871.02. Definitions. For the purposes of this chapter, the term: (1) Child or Children means an individual or individuals under the age of 6 years. (2) Elevated blood lead level means an excessive absorption of lead concentration in whole blood of 10 mg/dL (micrograms of lead per deciliter) or greater. (3) Health care facility means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes, or homes for the aged or chronically ill, but excluding private medical offices. (4) Health care provider means a physician, clinic, hospital, or neighborhood health center, licensed by the District of Columbia, that is responsible for providing primary care and coordinating referrals, when necessary, to other health care providers. (5) Lead-poisoned child means a child with a confirmed blood lead level equal to or greater than 15 micrograms of lead per deciliter of blood, or such other lower threshold as the United States Centers for Disease Control and Prevention may establish. (6) Person means an individual, a corporation, a partnership, firm, conservator, receiver, trustee, executor, or legal representative.  (Oct. 1, 2002, D.C. Law 14-190,  2002, 49 DCR 6968.)  Prior Codifications 2001 Ed.,  7-1032.
 7871.03. Childhood lead screening and reporting requirements. (a) Each health care provider or facility shall inform the parent or guardian of every child under the age of 6 years in the District of Columbia, served by the provider or facility, of the requirement for periodic blood tests for lead poisoning as provided in this chapter and rules implementing this chapter. (b) A health care provider or facility shall, unless parental consent is withheld or an identical test has already been performed within the last 12 months, perform a blood test for lead poisoning on every child who resides in the District of Columbia as part of a well-child care visit, once between ages 6 months and 14 months, and a second time between ages 22 months and 26 months. If a childs age exceeds 26 months, and a blood lead screening has not been performed, the child shall be screened twice prior to the age of 6 years. (c) The laboratory that performed the tests pursuant to subsection (b) of this section shall forward all test results to the health care provider or facility where the blood sample was taken, and to the Mayor. (d) The health care provider or facility shall forward all elevated blood lead level results immediately to the childs parent or guardian. Upon request of the childs parent or guardian, the health care provider or facility shall provide written evidence of testing for lead poisoning that includes the date of the test and the test results. (e) The Mayor, pursuant to  7-871.06, shall issue rules governing the conditions under which a health care provider or facility shall administer additional lead screening tests exceeding the requirements of subsection (b) of this section, and the process for reporting lead screening results. (f) Any agreement or contract entered into by the Medical Assistance Administration to provide its services through a health insuring or a managed care organization shall include a requirement for the organization to provide screening and reporting services pursuant to the provisions of this section and the rules implementing this section, or to provide reimbursement for those services. (1) The agreement or contract shall explicitly include the provision of medical case management and other follow-up treatment of a Medicaid-enrolled, lead-exposed child as may be required to protect the childs health, or reimbursement for that management and treatment. (2) The Medical Assistance Administration shall provide for coverage and reimbursement of an environmental investigation and source control measures necessary to eliminate any lead-based paint hazard to which a Medicaid-enrolled, lead-poisoned child is exposed in the childs home environment, including, but not limited to, paint stabilization and cleanup of any dust-lead hazard. (g) The Mayor shall issue an annual report to the Council summarizing and analyzing the lead screening results obtained pursuant to this chapter. The report shall include recommendations based on or pertaining at a minimum to: (1) The extent of compliance with the requirements of this section; and (2) The incidence and prevalence rates of childhood lead poisoning in the District of Columbia.  (Oct. 1, 2002, D.C. Law 14-190,  2003, 49 DCR 6968; Mar. 14, 2007, D.C. Law 16-265,  2, 54 DCR 827; Mar. 25, 2009, D.C. Law 17-353,  159, 56 DCR 1117.)  Prior Codifications 2001 Ed.,  7-1033. Effect of Amendments D.C. Law 16-265, in subsec. (b), substituted between 6 months and 14 months for between 6 months and 9 months. D.C. Law 17-353 validated a previously made technical correction in subsec. (b). Delegation of Authority Delegation of Authority pursuant to D.C. Law 14-190, the Fiscal Year 2003 Budget Support Act of 2002, Title XX, the Childhood Lead Poisoning Screening and Reporting Act of 2002, see Mayors Order 2005-23, January 25, 2005 ( 52 DCR 2843).
 7871.04. Enforcement. (a) If the Mayor has reason to believe that there has been a violation of this chapter or of the regulations issued pursuant to this chapter, the Mayor may: (1) Give written notice of the alleged violation, which shall include the provision of the law or regulation alleged to be violated, the facts alleged to constitute a violation, and an order that necessary corrective action be taken within a specified time set forth in the notice; or (2) Impose civil or criminal fines and penalties in accordance with  7-871.05. (b) Any party adversely affected by an action taken pursuant to subsection (a) of this section is entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days from the date of the action, a written request for a hearing. The hearing shall be held in accordance with the requirements of subchapter I of Chapter 5 of Title 2.  (Oct. 1, 2002, D.C. Law 14-190,  2004, 49 DCR 6968.)  Prior Codifications 2001 Ed.,  7-1034.
 7871.05. Penalties. (a) Any person who fails to comply with any of the provisions of this chapter shall be subject to a fine not to exceed $5,000 for each violation. Each and every day of the violation shall constitute a separate violation and the penalties prescribed shall be applicable to each separate violation unless otherwise indicated. (b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter or the rules issued under authority of this chapter pursuant to Chapter 18 of Title 2. (c) Any person who knowingly or willfully violates this chapter shall, in addition to or in lieu of any civil penalty which may be imposed for the violation, be subject, upon conviction, to a fine of not more than $5,000 for each day of violation, or to imprisonment of not more than one year, or both.  (Oct. 1, 2002, D.C. Law 14-190,  2005, 49 DCR 6968.)  Prior Codifications 2001 Ed.,  7-1035. Section References This section is referenced in  7-871.04.
 7871.06. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter. The Mayor is authorized to adopt, in whole or in part, guidelines issued by the Centers for Disease Control and Prevention and may consider such other materials relating to lead poisoning prevention, testing, and treatment, as deemed appropriate.  (Oct. 1, 2002, D.C. Law 14-190,  2006, 49 DCR 6968.)  Prior Codifications 2001 Ed.,  7-1036. Section References This section is referenced in  7-871.03.
 7875.01. Purpose. The purpose of this chapter is: (1) To establish age-appropriate health screening requirements for all children, from birth to 21 years of age, in the District of Columbia, regardless of their insurance status, who: (A) Reside in the District; (B) Are wards of the District; or (C) Are children with special needs who reside or are receiving services in another state; (2) To improve the overall health status of all children by ensuring consistency in health screening and early detection of health problems and enabling children to obtain the necessary prevention, treatment, and intervention services at the earliest opportunity; (3) To reduce parental stress and increase parental satisfaction and compliance with all child-related health, human or social services, and educational programs by using a uniform health assessment form; and (4) To provide the Mayor with the information necessary to effectively plan, establish, and evaluate a comprehensive system of appropriate preventive services for children for early detection of potential health problems.  (Apr. 13, 2005, D.C. Law 15-353,  302, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) additions, see  301 and 302 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) additions, see  301, 302 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) additions, see  301, 302 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) additions, see  301, 302 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) additions, see  301, 302 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7875.02. Definitions. For the purposes of this chapter, the term: (1) Child-related educational program means public and private schools, including pre-kindergarten, Head Start, child care, and special education. (2) Child-related health program means Medicaid, Children Health Insurance Program (CHIP), Healthy Start, Healthy Families, Early Intervention, and private health insurance. (3) Child-related human or social services program means children in foster care and Women, Infants and Children. (4) Children with special needs who reside or are receiving care in another state means children: (A) With physical or mental disabilities or illnesses who reside or receive care in other states, because the District does not have the facilities, resources, or services to appropriately treat the childs physical or mental disability or illness; and (B) Whose parents or legal guardians reside in the District; (5) Health benefits plan means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement. The term health benefit plan does not mean accident only, credit, or disability insurance; coverage of Medicare services or federal employee health plans pursuant to contracts with the United States government; Medicare supplemental or long-term care insurance; dental only or vision only insurance; specified disease insurance; hospital confinement indemnity coverage; limited benefit health coverage; coverage issued as a supplement to liability insurance, insurance arising out of a workers compensation or similar law; automobile medical payment insurance; medical expense and loss of income benefits; or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance. (6) Health insurer means any person that provides one or more health benefit plans or insurance in the District of Columbia, including an insurer, a hospital and medical services corporation, a fraternal benefit society, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to the authority of the Commissioner. (7) Uniform health form means a standardized health assessment form developed by the Mayor for use when enrolling a child in child-related educational, health, and human or social services programs.  (Apr. 13, 2005, D.C. Law 15-353,  303, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  303 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  303 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  303 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  303 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  303 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7875.03. Establishment of uniform health screening requirements and health assessment enrollment forms. (a) The Mayor shall establish uniform, age-appropriate health screening requirements consistent with the standards and schedules of the American Academy of Pediatrics for all children, from birth to 21 years of age, in the District of Columbia, regardless of insurance status who are: (1) Residents of the District; (2) Wards of the District; or (3) Children with special needs who reside in or who are receiving services in another state. (b) The Mayor shall develop a uniform health assessment form for enrollment of children in child-related health, human or social services, and educational programs. Use of the form is not intended to supersede the enrollment requirements of child-related health, educational, and human or social services programs. The form may be supplemented by additional forms used for enrollment that are not related to health assessment. (c) Uniform health screenings shall not be required under this chapter, if a minors parent or guardian or an adult youth submits in good faith a written notarized statement to the appropriate official affirming that the screening in question would violate the established tenets and practices of the parents or guardians church or religious denomination, or in the case of an adult youth, the adult youths church or religious denomination.  (Apr. 13, 2005, D.C. Law 15-353,  304, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  304 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  304 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  304 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  304 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  304 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7875.04. Payment for health screenings. (a) A health insurers health benefits plan shall include the uniform, age-appropriate health screening requirements for children from birth to age 21 years who are: (1) Residents of the District; (2) Wards of the District; or (3) Children with special needs who reside or are receiving services in another state. (b) The enrollments for Medicaid, Head Start, Healthy Families, and CHIP are expanded to include the requirement of uniform, age-appropriate health screenings for all children.  (Apr. 13, 2005, D.C. Law 15-353,  305, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  305 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  305 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  305 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  305 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7875.05. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.  (Apr. 13, 2005, D.C. Law 15-353,  306, 52 DCR 2331.)  Section References This section is referenced in  7-875.06. Emergency Legislation For temporary (90 day) addition, see  306 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see  305 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see  306 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see  306 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see  306 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see  306 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  306 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition, see  306 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition, see  306 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition, see  307 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708). Delegation of Authority Delegation of Authority Under Title II of D.C. Act 15-630, the Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 and any Similar Succeeding Legislation, see Mayors Order 2005-33, February 22, 2005 ( 52 DCR 2854). Delegation of Authority Under Title II of D.C. Law 15-353, the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, see Mayors Order 2005-73, May 5, 2005 ( 52 DCR 5501).
 7875.06. Applicability. This chapter shall apply to all individual and group health benefit plans issued or renewed 120 days after the issuance of rules required under  7-875.05.  (Apr. 13, 2005, D.C. Law 15-353,  307, 52 DCR 2331.)  Emergency Legislation For temporary (90 day) uniform child health screening requirements, see  306 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) uniform child health screening requirements, see  307 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation For temporary (225 day) addition, see  308 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
 7881.01. Definitions. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  2, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.02. Establishment of the Breastmilk Bank and Lactation Support Center. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  3, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.03. Education and outreach campaign. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  4, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.04. Comprehensive plan. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  5, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.05. Establishment of the Lactation Commission. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  6, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.06. Lactation Commission members, procedures, and meetings. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  7, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.07. Regulation of milk banks. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  8, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.08. Application. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  9, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.09. Prohibition and penalties. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  10, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.10. Rules. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  11, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7881.11. Applicability of chapter. [Repealed] Repealed.  (July 15, 2014, D.C. Law 20-121,  13, 61 DCR 5680; Dec. 13, 2017, D.C. Law 22-33,  7059, 64 DCR 7652.)  Emergency Legislation  For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of this section, see  7059 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). 
 7901. Establishment of register; purpose. That the Mayor of the District of Columbia shall establish and maintain a register of blind persons residing in the District of Columbia. Such register shall, under regulations prescribed by the Council of the District of Columbia, provide information of such nature as will or may be of assistance in the planning of improved facilities and services for blind persons and in the restoration and conservation of sight.  (Aug. 3, 1968, 82 Stat. 633, Pub. L. 90-458,  1.)  Prior Codifications 1981 Ed.,  6-1601. 1973 Ed.,  6-1401. Section References This section is referenced in  7-902. Transfer of Functions Organization Order No. 104 provided for the establishment, maintenance, and administration of a register of blind persons by the Department of Vocational Rehabilitation. All functions stated in such Order were transferred to the Director of the Department of Human Resources by Commissioners Order No. 69-96, dated March 7, 1969, as amended by Commissioners Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services, by Reorganization Plan No. 2 of 1979, dated February 21, 1980. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7902. Persons required to file reports; confidentiality of register and reports; statistical abstracts. Each: (1) health, educational, and social service agency or institution operating in the District of Columbia and having in its care or custody (either full or part time), or rendering service to, any blind person; (2) physician and osteopath licensed or registered by the District of Columbia who has in his professional care for diagnosis or treatment such a person; and (3) optometrist licensed by the District of Columbia who, in the course of his practice of optometry, ascertains that a person is blind, shall report in writing to the Mayor the name, age, and residence of such person and such additional information as the Council may, by regulation, require for incorporation in the register referred to in  7-901. Such register and reports shall not be open to public inspection. The Mayor may make available in the form of statistical abstracts or digests information contained in such register and reports if the identity of persons referred to in such register or reports is not disclosed in such abstracts or digests.  (Aug. 3, 1968, 82 Stat. 633, Pub. L. 90-458,  2.)  Prior Codifications 1981 Ed.,  6-1602. 1973 Ed.,  6-1402. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7903. Definitions. For the purpose of this chapter: (1) The term blind person means, and the term blind refers to, a person who: (A) Is totally blind; (B) Has impaired vision of not more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200; or (C) Who has loss of vision due wholly or in part to impairment of field vision or to other factors which affect the usefulness of vision to a like degree. (2) The term Mayor means the Mayor of the District of Columbia or his designated agent. (3) The term Council means the Council of the District of Columbia.  (Aug. 3, 1968, 82 Stat. 633, Pub. L. 90-458,  3.)  Prior Codifications 1981 Ed.,  6-1603. 1973 Ed.,  6-1403. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818,  711 ( D.C. Code,  1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to  714(a) of such Act ( D.C. Code,  1-207.14(a)), appropriate changes in terminology were made in this section.
 7904. Limited liability of persons making reports. Any person who in good faith makes a report pursuant to this chapter or pursuant to any regulation promulgated under the authority of this chapter, shall not, by reason thereof, be personally liable in damages.  (Aug. 3, 1968, 82 Stat. 633, Pub. L. 90-458,  4.)  Prior Codifications 1981 Ed.,  6-1604. 1973 Ed.,  6-1404.