§ 44-551 — Definitions.

District of Columbia § 44-551

• Jurisdiction: District of Columbia
• Title 44: Charitable and Curative Institutions.
• Ch. 5: Health-Care and Community Residence Facility, Hospice and Home Care Licensure.
• Subch. II: Unlicensed Personnel Criminal Background Check.

Text

For purposes of this subchapter, the term:

(1A) “Contract worker” means a compensated contractor for whom it is foreseeable he or she will come in direct contact with patients.

(1B) “Criminal background check” means an investigation into a person’s criminal history to determine whether, within the 7 years preceding the background check, the person has been convicted in the District of Columbia, or in any other state or territory of the United States where such person has worked or resided, of any of the offenses enumerated in § 44-552(e) or their equivalent in another state or territory.

(1C) “Facility” means any entity required to be licensed pursuant to subchapter I of this chapter or Chapter 1 of this title and any entity furnishing Medicaid services under a provider agreement with the District of Columbia in accordance with regulations promulgated under title XIX of the Social Security Act, approved July 30, 1965 (Pub. L. 89-97; 42 U.S.C. § 1396 et seq.).

(2) Repealed.

(3) “Medicaid services” means nursing facility services, home health-care services, inpatient hospital services and nursing facilities for individuals 65 years of age or older in an institution for mental disease, mental health rehabilitation services in an intermediate care facility for persons with intellectual disabilities home and community care for elderly individuals with functional disabilities, and community supported living arrangement services as defined in title XIX of the Social Security Act, approved July 30, 1965 (Pub. L. 89-97; 42 U.S.C. § 1396 et seq.).

(4) “Nurse Aide Abuse Registry” means a record, maintained by the District of Columbia in accordance with section 4211 of the Omnibus Budget Reconciliation Act of 1987, approved December 22, 1987 (101 Stat. 1330-182; 42 U.S.C. § 1396r), and 29 DCMR § 3250-3254 , containing names of individuals who worked as nurse aides and were determined to have abused or neglected, or misappropriated the property of, a nursing home resident.

(5) “Person” means an individual.

(6) “Private agency” means an entity or person that offers customer assistance in the use of criminal background checks for employment purposes.

(7) "Unlicensed person" means a person not required to be licensed pursuant to Chapter 12 of Title 3 who functions in a complementary or assistance role to licensed health care professionals in providing direct patient care or in performing common nursing tasks. The term "unlicensed person" includes housekeeping, maintenance, and administrative staff for whom it is foreseeable that the prospective employee or contract worker will come in direct contact with patients.

Legislative History

Apr. 20, 1999, D.C. Law 12-238, § 2, 46 DCR 881; Apr. 12, 2000, D.C. Law 13-91, § 148(a), 47 DCR 520; June 24, 2000, D.C. Law 13-127, § 1403, 47 DCR 2647; Dec. 18, 2001, D.C. Law 14-56, § 116(k), 48 DCR 7674; Apr. 13, 2002, D.C. Law 14-98, § 2(a), 49 DCR 997; Apr. 24, 2007, D.C. Law 16-305,§ 70, 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, §§ 200, 201, 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-169, § 29, 59 DCR 5567