reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.04. MOST Form

§ 21–2221.04. MOST Form.
(a) The MOST Form shall be designed to provide the following information regarding the patient's care and medical condition:
(1) The orders of an authorized health care professional regarding cardiopulmonary resuscitation and level of medical intervention in accordance with the choices, goals, and preferences of a patient or the patient's authorized representative;
(2) The signature of the authorized health care professional;
(3) Whether the patient has an authorized representative;
(4) The signature of the patient or the authorized representative acknowledging agreement with the orders of the authorized health care professional; and
(5) The date and location of the initial authorization of the MOST Form and the date, location, and outcome of any subsequent revisions to the MOST Form.
(b) Upon execution, a hard copy of a patient's operative MOST Form shall be provided to the patient or the patient's authorized representative.
(c) An executed MOST Form shall be kept in a prominent manner in a patient's printed and electronic medical records in a health care institution or private medical practice, and a copy shall be transferred with the patient whenever the patient is transferred to another health care institution or private medical practice, or to the patient's residence.
(d) A copy of a MOST Form shall be as effective as an original.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72.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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.05. Completion and execution of the MOST Form

§ 21–2221.05. Completion and execution of the MOST Form.
(a) A patient shall be given the option to complete a MOST Form, but no patient shall be required to complete or execute a MOST Form.
(b)(1) Only an authorized health care professional treating a patient may complete a MOST Form for that patient.
(2) The authorized health care professional shall complete the MOST Form in accordance with the instructions of the patient or the patient's authorized representative.
(c)(1) Only the following persons may execute a MOST Form:
(A) Any patient who is 18 years of age or older, on behalf of himself or herself; or
(B) An authorized representative.
(2) Execution of a MOST Form shall be evidenced by the patient's or the authorized representative's signature.
(d) The MOST Form shall be reviewed by an authorized health care professional with the patient or with the patient's authorized representative at least once per year and:
(1) Whenever the patient's condition changes significantly; or
(2) At the patient's or the patient's authorized representative's request.
(e)(1) If a patient with a MOST Form is transferred from one health care institution to another, the health care institution transferring the patient shall communicate the existence of the MOST Form to the receiving health care institution before the transfer.
(2) The MOST Form shall accompany the patient to the receiving health care institution and remain in effect.
(3) Within 72 hours after a patient is transferred, the MOST Form shall be reviewed by an authorized health care professional and the patient, provided that the patient is not incapacitated, or the patient's authorized representative, if present.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.06. Revocation of a MOST Form

§ 21–2221.06. Revocation of a MOST Form.
(a) A patient or the patient's authorized representative may revoke a MOST Form at any time by:
(1) Directing the authorized health care professional who issued the MOST Form to cancel the MOST Form; or
(2) Communicating the patient's or the patient's authorized representative's intent to revoke the MOST Form to the treating EMS personnel or health care professional.
(b) If a patient or the patient's authorized representative revokes a MOST Form pursuant to subsection (a)(2) of this section, the treating EMS personnel or health care professional shall record the circumstances in which the MOST Form was revoked.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.07. Compliance with a MOST Form

§ 21–2221.07. Compliance with a MOST Form.
(a)(1) If an EMS personnel or health care professional encounters a person who is in possession of a MOST Form, the EMS personnel or health care professional shall determine whether the person is the subject of the MOST Form and whether the MOST Form has been revoked.
(2) If there is uncertainty as to whether the MOST Form has been revoked, the EMS personnel or health care professional shall act as if there were no MOST Form and resuscitate the patient.
(b) If an EMS personnel or health care professional encounters a patient in an emergency medical circumstance with a MOST Form that is unreadable, the EMS personnel or health care professional shall proceed as if there were no MOST Form.
(c) If the EMS personnel does not resuscitate the patient on the basis of applicable treatment instructions on a MOST Form, EMS personnel shall record the do-not-resuscitate response in the run report and report the do-not-resuscitate response to DOH within 5 business days after the incident.
(d) On a biannual basis, DOH shall provide the Mayor with data on do-not-resuscitate responses.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.08. Comfort care

§ 21–2221.08. Comfort care.
Regardless of the treatment orders on the MOST Form, EMS personnel and other health care professionals may provide the following interventions, as needed, to a patient for comfort or to alleviate pain:
(1) Clear the airway, without the use of artificial ventilation, esophageal obturator airway, or endotracheal intubation;
(2) Administer suction;
(3) Provide oxygen, without the use of artificial ventilation, esophageal obturator airway, or endotracheal intubation;
(4) Provide pain medication;
(5) Control bleeding; or
(6) Make any other necessary adjustments.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.09. Reciprocity

§ 21–2221.09. Reciprocity.
EMS personnel and other health care professionals shall recognize a MOST Form or similar instrument executed in another state as if the instrument were executed in accordance with the laws of that state.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.10. Relationship with other legal documents

§ 21–2221.10. Relationship with other legal documents.
If a patient has a durable power of attorney for health care under subchapter I [of the chapter], or a comparable statute in any other jurisdiction, or another legal document with a substantially equivalent purpose to a durable power of attorney or a MOST Form, the most recent document to have been executed shall govern if any conflict exists between the directives in that legal document and the directives in the patient's MOST Form.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.11. Liability

§ 21–2221.11. Liability.
This subchapter shall not be construed to create a private right of action, including a private right of action based on the failure [to] act in accordance with a MOST Form if the failure to act is based solely on religious beliefs.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.12. Penalties

§ 21–2221.12. Penalties.
(a) A person who, without authorization by the patient or the patient's authorized representative, willfully alters, forges, conceals, or destroys a MOST Form, an amendment or revocation of a MOST Form, or any other evidence or document reflecting the patient's desires and interests, with the intent or effect of causing a withholding or withdrawal of life-sustaining procedures or of artificially administered nutrition and hydration that hastens the death of the patient commits a Class A felony.
(b) Except as provided in subsection (a) of this section, a person who, without authorization by the patient or the patient's authorized representative, willfully alters, forges, conceals, or destroys a MOST Form, an amendment or revocation of a MOST Form, or any other evidence or document reflecting the patient's desires and interests, with the intent or effect of impacting any decision regarding the provision of a health care service, treatment, or procedure shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 180 days, or both.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.13. Insurance

§ 21–2221.13. Insurance.
(a) The execution of a MOST Form shall not alter an insurance policy or annuity contract, unless the insurance policy or contract states otherwise.
(b) Adherence to the medical orders in a MOST form shall not constitute suicide or assisted suicide.
(c) The execution of a MOST form cannot be used as a condition for being insured, receiving health care services, or receiving other employment benefits.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.14. Study of electronic registry. [Repealed]

§ 21–2221.14. Study of electronic registry. [Repealed]
[Repealed].
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 63 DCR 208; Mar. 10, 2020, D.C. Law 23-62, § 2(b), 67 DCR 574; July 12, 2022, D.C. Law 24-147, § 129, 69 DCR 003386.)
Applicability
Section 7073 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-62 removing the applicability provision impacting this section. Therefore, the repeal of this section by Law 23-62 has been implemented.
Applicability of D.C. Law 23-62: § 3 of D.C. Law 23-62 provided that the repeal of this section by § 2(b) of D.C. Law 23-62 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.
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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.14a. Establishment of an electronic medical orders for scope of treatment registry

§ 21–2221.14a. Establishment of an electronic medical orders for scope of treatment registry.
(a) To facilitate the use of cloud-based technology for electronic Medical Orders for Scope of Treatment ("MOST") Forms, the DOH shall issue a request for proposals from and contract with an electronic MOST service or multiple electronic MOST services to connect with health care providers at the point of care through the State-designated health information exchange.
(b) A MOST registry shall:
(1) Be approved by the MOST Advisory Committee established pursuant to [§ 21-2221.03];
(2) Meet the technology, security, and privacy standards set by the MOST Advisory Committee; and
(3) Allow for the authentication of a declarant's identify for a MOST form that is not witnessed.
(c) DOH shall carry out appropriate education and outreach efforts to increase public awareness of an electronic MOST service.
(Mar. 10, 2020, D.C. Law 23-62, § 2(c), 67 DCR 574.)
Applicability
Section 7073 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-62 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-62 has been implemented.
Applicability of D.C. Law 23-62: § 3 of D.C. Law 23-62 provided that the creation of this section by § 2(c) of D.C. Law 23-62 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.15. Rules

§ 21–2221.15. Rules.
The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], shall issue rules to implement the provisions of this subchapter.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 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: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) 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 (c) 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.
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).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter III - Hospital Discharge Planning › § 21–2231.01. Definitions

§ 21–2231.01. Definitions.
For the purposes of this subchapter, the term:
(1) "After-care" means any type of assistance that is not regulated under Chapter 12 of Title 3, or similar law, and that is provided by a lay caregiver to a patient after the patient's discharge and is limited to the patient's condition at the time of discharge.
(2) "Authorized representative" means a person who is authorized to make a health-care decision on behalf of an incapacitated individual or minor in accordance with §§ 21-2205 and 21-2210.
(3) "Discharge" means a patient's exit and release from a hospital to the patient's residence following an inpatient admission.
(4) "Hospital" shall have the same meaning as provided in § 44-501(a)(1).
(5) "Lay caregiver" means an individual who is designated by the patient or authorized representative to provide after-care to the patient at the patient's residence and accepts the role as the patient's lay caregiver.
(6) "Residence" means a dwelling that the patient considers to be the patient's home and does not include a rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the Department of Health.
(July 1, 2016, D.C. Law 21-132, § 2(b), 63 DCR 7130.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter III - Hospital Discharge Planning › § 21–2231.02. Lay caregiver designation

§ 21–2231.02. Lay caregiver designation.
(a) A hospital shall provide each patient or authorized representative an opportunity to designate a lay caregiver as soon as practicable following the patient's inpatient admission into a hospital and before the patient's discharge.
(b)(1) If the patient or authorized representative designates an individual as a lay caregiver, the hospital shall:
(A) Provide notice to the lay caregiver as soon as practicable following the designation and before the patient's discharge;
(B) Promptly request the written consent of the patient or authorized representative to release medical information to the patient's lay caregiver in accordance with the hospital's procedures for releasing personal health information and in compliance with all federal and District laws, including the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936);
(C) Record the patient's or authorized representative's designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver in the patient's medical record; and
(D) Notify the lay caregiver of the patient's discharge to the patient's residence as soon as practicable; provided, that if the hospital is unable to contact the lay caregiver, the hospital shall document that in the patient's medical record as soon as practicable.
(2) If a patient or authorized representative fails to authorize the release of medical information to the lay caregiver under paragraph (1)(B) of this subsection, the hospital is deemed to have met the requirements of the subchapter and no further action is needed.
(3) A patient or authorized representative may elect to change the designation of a lay caregiver at any time before the patient's discharge; provided, that if a change is made, the hospital shall record that change in the patient's medical record as soon as practicable.
(4) The designation of a lay caregiver by the patient or authorized representative does not obligate the lay caregiver to accept the designation or provide after-care.
(5) A hospital is not obligated to determine the ability of a lay caregiver to understand or perform after-care tasks.
(July 1, 2016, D.C. Law 21-132, § 2(b), 63 DCR 7130.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter III - Hospital Discharge Planning › § 21–2231.03. Hospital discharge plan

§ 21–2231.03. Hospital discharge plan.
(a) As soon as practicable before the patient's discharge, the hospital shall:
(1) Consult with the lay caregiver and the patient or authorized representative regarding the lay caregiver's capabilities and limitations;
(2) Provide a copy of the discharge plan to the lay caregiver;
(3) Consult with, and provide instruction to, the lay caregiver regarding the patient's discharge plan; and
(4) Provide contact information for any health care, community resources, and long-term care services and supports necessary to carry out the patient's discharge plan.
(b) At a minimum, the discharge plan described in subsection (a) of this section shall include:
(1) The name and contact information of the lay caregiver;
(2) A description of all after-care tasks necessary to maintain the patient's ability to reside in the patient's residence; and
(3) Contact information for any health care, community resources, and long-term care services and supports necessary to carry out the patient's discharge plan.
(c)(1) At a minimum, the instruction to the lay caregiver described in subsection (a) of this section shall include:
(A) An opportunity for a demonstration at the hospital of the after-care tasks; and
(B) An opportunity for the lay caregiver and the patient to ask questions and receive answers to questions about the after-care tasks; and
(2) The instruction provided shall be documented in the patient's medical record and shall include, at minimum, the date, time, and contents of the instruction.
(July 1, 2016, D.C. Law 21-132, § 2(b), 63 DCR 7130.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter III - Hospital Discharge Planning › § 21–2231.04. Construction

§ 21–2231.04. Construction.
(a) Nothing in this subchapter shall be construed to delay the discharge of a patient or the transfer of a patient from a hospital to another facility, including the inability of the hospital to contact a designated lay caregiver;
(b) Nothing in this subchapter shall be construed to create a private right of action not otherwise existing in the law for compliance or non-compliance with this subchapter.
(July 1, 2016, D.C. Law 21-132, § 2(b), 63 DCR 7130.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter III - Hospital Discharge Planning › § 21–2231.05. Rules

§ 21–2231.05. Rules.
The Mayor, pursuant to subchapter 1 of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
(July 1, 2016, D.C. Law 21-132, § 2(b), 63 DCR 7130.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 23 - Custodial Power of Attorney › § 21–2301. Custodial power of attorney

§ 21–2301. Custodial power of attorney.
(a) The parent of a child may create a revocable custodial power of attorney that grants to another person any of the parent’s rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to:
(1) Enroll the child in school;
(2) Obtain from the school educational and behavioral information about the child;
(3) Consent to all school-related matters regarding the child; and
(4) Consent to medical, psychological, or dental treatment for the child.
(b) The custodial power of attorney may not grant authority to consent to the marriage or adoption of the child.
(c) The custodial power of attorney shall not affect the rights of the parent of the child in any proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child.
(Sept. 20, 2007, D.C. Law 17-21, § 4(b), 54 DCR 6835.)
Emergency Legislation
For temporary (90 day) addition, see § 4(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.01. Short title

§ 21–2401.01. Short title.
This chapter may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 101 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.02. Definitions

§ 21–2401.02. Definitions.
For the purposes of this chapter, the term:
(1) “Adult” means an individual who has attained 18 years of age.
(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under §§ 21-2001 to 21-2077.
(3) “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under §§ 21-2001 to 21-2077.
(4) “Guardianship order” means an order appointing a guardian.
(5) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) “Incapacitated person” means an adult for whom a guardian has been appointed.
(7) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) “Person,” except in the term “incapacitated person” or “protected 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.
(9) “Protected person” means an adult for whom a protective order has been issued.
(10) “Protective order” means an order appointing a conservator or other order related to management of an adult’s property.
(11) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
(12) “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.
(13) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(15) “Superior Court” means the Superior Court of the District of Columbia.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 102 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.03. International application of chapter

§ 21–2401.03. International application of chapter.
The Superior Court may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters II, III, and V [of this chapter].
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 103 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.04. Communication between courts

§ 21–2401.04. Communication between courts.
(a) The Superior Court may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 104 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.05. Cooperation between courts

§ 21–2401.05. Cooperation between courts.
(a) In a guardianship or protective proceeding in the District of Columbia, the Superior Court may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the Superior Court a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Superior Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 105 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter I - General Provisions › § 21–2401.06. Taking testimony in another state

§ 21–2401.06. Taking testimony in another state.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the District of Columbia for testimony taken in another state. The Superior Court, on its own motion, may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, the Superior Court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Superior Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to the Superior Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 106 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.01. Definitions; significant connection factors

§ 21–2402.01. Definitions; significant connection factors.
(a) For the purposes of this subchapter, the term:
(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.
(2) “Home state” means:
(A) The state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or
(B) If none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.
(3) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection, other than mere physical presence, and in which substantial evidence concerning the respondent is available.
(b) In determining under §§ 21-2402.03 and 21-2403.01(e) whether a respondent has a significant connection with a particular state, the Superior Court shall consider:
(1) The location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent’s property; and
(4) The extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2403.01.
Editor's Notes
Uniform Law: This section is based upon § 201 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.02. Exclusive basis

§ 21–2402.02. Exclusive basis.
This subchapter provides the exclusive jurisdictional basis for the Superior Court to appoint a guardian or issue a protective order for an adult.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 202 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.