reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter II - Establishment of a Long-Term Care Ombudsman Program › § 7–702.07. Immunity from liability

§ 7–702.07. 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(b) Repealed.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(d) Repealed.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D.C. Law 18-321 repealed subsecs.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”.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter III - Access for the Long-Term Care Ombudsman and Designees › § 7–703.02. Access to records

§ 7–703.02. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter III - Access for the Long-Term Care Ombudsman and Designees › § 7–703.03. Visits to the home of a resident

§ 7–703.03. 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 resident’s 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter IV - Enforcement; Penalties; Judicial Review › § 7–704.01. Enforcement; penalties

§ 7–704.01. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter V - Private Rights of Action › § 7–705.01. Injunctive relief

§ 7–705.01. 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”.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter V - Private Rights of Action › § 7–705.02. Civil action for damages

§ 7–705.02. 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”.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter V - Private Rights of Action › § 7–705.03. Court costs and attorney’s fees

§ 7–705.03. Court costs and attorney’s fees.
The court shall award costs and reasonable attorney’s 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7 - Long-Term Care Ombudsman Program › Subchapter VI - Miscellaneous › § 7–706.01. Rules

§ 7–706.01. 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 Mayor’s Order 89-86, April 28, 1989.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–731.01. Health data collection and reporting

§ 7–731.01. 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.
(4) Not Funded.
(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; Mar. 22, 2023, D.C. Law 24-332, § 4, 70 DCR 1582.)
Applicability
Applicability of D.C. Law 24-332: § 9 of D.C. Law 24-332 provided that the change made to this section by § 4 of D.C. Law 24-332 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–732. Regulatory Enforcement Fund. [Repealed]

§ 7–732. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–733. Health Occupations Regulation Fund

§ 7–733. 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 Mayor’s 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–733.01. Deposit of fees

§ 7–733.01. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–733.02. Board of Pharmacy Fund

§ 7–733.02. 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 Mayor’s Order 2008-83, June 11, 2008 ( 55 DCR 9360).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–734. Public Health Laboratory fees

§ 7–734. 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 person’s or organization’s 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–735. Public Health Laboratory Fund. [Repealed]

§ 7–735. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–736. Disbursements from the Laboratory Fund. [Repealed]

§ 7–736. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–736.02. Communicable and Chronic Disease Prevention and Treatment Fund

§ 7–736.02. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–736.03. Communicable disease fees

§ 7–736.03. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter I - General Powers, Fees, and Funds › § 7–737. Rules

§ 7–737. 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 Mayor’s 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 Mayor’s 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.02. Smoking prohibitions; inspections

§ 7–741.02. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.04. Penalties

§ 7–741.04. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.05. Economic hardship waiver

§ 7–741.05. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.06. Employee rights and protections

§ 7–741.06. 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 attorney’s 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.07. Rulemaking

§ 7–741.07. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter III - Cottage Foods › § 7–742.01. Definitions

§ 7–742.01. 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter III - Cottage Foods › § 7–742.03. Cottage food prepared or stored in a private home

§ 7–742.03. 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.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter III-A - Microenterprise Home Kitchens › § 7–742.13. Rulemaking

§ 7–742.13. Rulemaking.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate emergency rules to implement the provisions of this subchapter no later than 45 days after July 1, 2023.
(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate final rules to implement the provisions of this subchapter no later than 120 days after July 1, 2023.
(Oct. 3, 2001, D.C. Law 14-28, § 4937; as added July 1, 2023, D.C. Law 25-21, § 2, 70 DCR 6762.)
Applicability
Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section. Therefore the creation of this section by section 2 of Law 25-21 has been implemented.
Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the creation of this section by § 2 of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter IV - Health Occupation Advisory Committees › § 7–743.01. Generally

§ 7–743.01. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter IV - Health Occupation Advisory Committees › § 7–743.02. Advisory Committee on Acupuncture

§ 7–743.02. 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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter IV - Health Occupation Advisory Committees › § 7–743.03. Advisory Committee on Anesthesiologist Assistants

§ 7–743.03. 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).