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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 7. Human Health Care and Safety. |
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Subtitle D. Citizens with Intellectual Disabilities. |
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Chapter 13. Rights of Citizens with Intellectual Disabilities. |
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Subchapter V. Rights of Persons with Intellectual Disabilities.
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(a) To the extent that appropriated funds are available to carry out the purposes of this chapter, no District resident with an intellectual disability shall be denied habilitation, care, or both suited to the person's needs regardless of the person's age, degree of intellectual disability, or other disabling condition.
(b) To the extent that appropriated funds are available to carry out the purposes of this chapter, each individual shall be provided a habilitation program that will maximize the individual's human abilities, enhance the individual's ability to cope with the individual's environment, and create a reasonable opportunity for progress toward the goal of independent living.
(c) Notwithstanding subsection (a) of this section, no individual subject to commitment pursuant to § 7-1304.06a shall be denied habilitation, care, or both suited to the person's needs, regardless of the person's age, degree of intellectual disability, or other disabling condition.
(d) Notwithstanding subsection (b) of this section, an individual subject to commitment pursuant to § 7-1304.06a shall be provided a habilitation program that will maximize the person's human abilities, enhance the person's ability to cope with the person's environment, and create a reasonable opportunity for progress toward the goal of independent living.
(e)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter in subsections (a) and (b) of this section, effective January 1, 2012, a District resident with an intellectual disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person:
(A) Who is a former resident of Forest Haven;
(B) Whose needs cannot reasonably be met by a District Medicaid provider;
(C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or
(D) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee.
(2) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.
(Mar. 3, 1979, D.C. Law 2-137, § 501, 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 9, 45 DCR 745; Oct. 17, 2002, D.C. Law 14-199, § 2(p), 49 DCR 7647; Sept. 14, 2011, D.C. Law 19-21, § 5002(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 17(dd), 50 DCR 5567; Sept. 26, 2012, D.C. Law 19- 171, § 55, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1961.
1973 Ed., § 6-1681.
Effect of Amendments
D.C. Law 14-199 added subsecs. (c) and (d).
D.C. Law 19-21 added subsec. (e).
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation", "degree of intellectual disability, or other disabling condition" for "degree of retardation, or handicapping condition", "individual" for "customer", and "individual's" for "customer's".
D.C. Law 19-171 validated a previously made technical correction in the designation of subsec. (e).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(m) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(e) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Emergency Act Amendments
For temporary amendment of section, see § 505(m) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(e) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(e) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 506(m) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 506(n) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 2(p) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(p) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
Law 12-81, the "Technical Amendments Act of 1997," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
For Law 14-199, see notes following § 7-1301.03.
For history of Law 19-21, see notes under § 7-731.
For history of Law 19-169, see notes under § 7-761.02.
For history of Law 19-171, see notes under § 7-242.
Individuals shall be provided with the least restrictive and most normal living conditions possible. Individuals with intellectual disabilities found incompetent in a criminal case shall be provided with the least restrictive and most normal living conditions possible consistent with preventing the individual from causing injury to others as a result of the individual's intellectual disability. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Individuals shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living and, in the case of an individual committed under § 7-1304.06a, to refrain from committing crimes of violence or sex offenses.
(Mar. 3, 1979, D.C. Law 2-137, § 502, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(n), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(q), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(ee), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1962.
1973 Ed., § 6-1682.
Effect of Amendments
D.C. Law 14-199 rewrote the section which had read as follows:
"Customers shall be provided with the least restrictive and most normal living conditions possible. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Customers shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living."
D.C. Law 19-169 substituted "Individuals" for "Customers", "with intellectual disabilities" for "with mental retardation", and "individual's intellectual disability" for "individual's mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(n) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(n) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 2(q) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(q) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) Individuals shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move individuals from:
(1) More to less structured living;
(2) Larger to smaller facilities;
(3) Larger to smaller living units;
(4) Group to individual residence;
(5) Segregated to integrated community living; or
(6) Dependent to independent living.
(b) If at any time the Director decides that an individual should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to § 7-1303.09. Notice shall be provided to the individual, the individual's counsel, the individual's advocate for a person with an intellectual disability, if one has been appointed, and the individual's parent or guardian who petitioned for the commitment.
(Mar. 3, 1979, D.C. Law 2-137, § 503, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(o), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(ff), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1963.
1973 Ed., § 6-1683.
Effect of Amendments
D.C. Law 19-169 rewrote the section, which formerly read:
"Customers shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the institution or residential facility shall move customers from: (1) more to less structured living; (2) larger to smaller facilities; (3) larger to smaller living units; (4) group to individual residence; (5) segregated to integrated community living; or (6) dependent to independent living. If at any time the Director decides that a customer should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to § 7-1303.09. Notice shall be provided to the customer, the customer's counsel, the customer's mental retardation advocate, if one has been appointed, and the customer's parent or guardian who petitioned for the commitment."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(o) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(f) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Emergency Act Amendments
For temporary amendment of section, see § 505(o) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(f) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(f) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 402(c) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(o) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
(a)(1) Prior to each individual's commitment under this chapter, the individual shall receive, pursuant to § 7-1304.03, a comprehensive evaluation or screening and an individual habilitation plan. Within 30 days of a individual's admission pursuant to § 7-1303.02, the individual shall have a comprehensive evaluation or screening and an individual habilitation plan.
(2) All individual habilitation plans shall include:
(A) Current information on whether the individual has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment and:
(i) Has executed or could execute a durable power of attorney in accordance with § 21-2205; or
(ii) Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210; and
(B) A current durable power of attorney or, in the absence of a durable power of attorney, documentation that the person has been offered an opportunity to execute a durable power of attorney pursuant to § 21-2205 and has declined.
(3) Annual reevaluations or screenings of the individual shall be provided as determined by the individual's interdisciplinary team. Annual reevaluations and screenings shall include a review of and update to the individual habilitation plan on whether the individual:
(A) Has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment;
(B) Has executed or could execute a durable power of attorney in accordance with § 21-2205;
(C) Has been offered an opportunity to execute a durable power of attorney pursuant to § 21-2205 and declined; or
(D) Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210.
(4) By April 15, 2009, the DDS shall establish written procedures for incorporating a review of all mental-health services, including psychotropic medications, behavioral plans, and any other psychiatric treatments, into the annual reevaluations and screenings conducted by the individual's interdisciplinary team.
(5) Nothing in this subsection shall be construed as requiring any person to execute a durable power of attorney for health care.
(b) Within 10 days of a individual's commitment pursuant to § 7-1304.03, or within 30 days of admission pursuant to § 7-1303.02, the facility, the facility's sponsoring agency, or the Department on Disability Services shall:
(1) Designate each professional or staff member who is responsible for implementing or overseeing the implementation of a individual's individual habilitation plan;
(2) Designate each District agency, private agency, or service responsible for providing the habilitation included in the plan; and
(3) Specify the role and objectives of each District agency, private agency, or service with respect to the plan.
(c) To the extent of funds appropriated for the purposes of this chapter, each individual shall receive habilitation, care, or both consistent with the recommendations included in the individual's individual habilitation plan. The Department on Disability Services shall set standards for habilitation and care provided to such customers, consistent with standards set by the the Council on Quality and Leadership, including staff-individual and professional-individual ratios. In the interests of continuity of care, 1 qualified developmental disability professional shall be responsible for informing the Chief Program Director, or the Director, when the individual should be released to a less restrictive setting and for continually reviewing the plan.
(d)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter, effective January 1, 2012, a District resident with intellectual disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter, consistent with the recommendations included in the individual habilitation plan, must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person:
(A) Who is a former resident of Forest Haven;
(B) Whose needs cannot reasonably be met by a District Medicaid provider;
(C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or
(D) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee.
(2) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.
(Mar. 3, 1979, D.C. Law 2-137, § 504, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(p), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(k), 54 DCR 818; Oct. 22, 2008, D.C. Law 17-249, § 5(c), 55 DCR 9206; Sept. 14, 2011, D.C. Law 19-21, § 5002(c), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 17(gg), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1964.
1973 Ed., § 6-1684.
Effect of Amendments
D.C. Law 16-264, in subsecs. (b) and (c), substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 17-249 rewrote subsec. (a), which had read as follows:
"(a) Prior to each customer's commitment pursuant to § 7-1304.03, the customer shall receive a comprehensive evaluation or screening and an individual habilitation plan. Within 30 days of a customer's admission pursuant to § 7- 1303.02, the customer shall have a comprehensive evaluation or screening and an individual habilitation plan. Annual reevaluations or screenings of the customer shall be provided as determined by the customer's interdisciplinary team in accordance with Accreditation Council for Services for People with Developmental Disabilities Standards."
D.C. Law 19-21 added subsec. (d).
D.C. Law 19-169 substituted "individual's" for "customer's" and "individual" for "customer" throughout the section; in subsec. (c), substituted "the Council on Quality and Leadership" for "Accreditation Council for Services for the Mentally Retarded and Other Developmentally Disabled Persons", "qualified developmental disability professional" for "qualified mental retardation professional", and "staff-individual and professional-individual" for "staff-individual and professional-individual"; and, in subsec. (d), substituted "intellectual disability" for "mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(p) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary amendment of section, see § 505(p) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(g) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(g) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 402(d) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(p) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 402(e) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(q) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) amendment of section, see § 301(k) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) amendment, see § 5(c) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 17-249, see notes following § 7-1203.03.
For history of Law 19-21, see notes under § 7-731.
For history of Law 19-169, see notes under § 7-761.02.
(a) Subject to restrictions by a physician for good cause, each individual has the right to receive visitors of his or her own choosing daily. Hours during which visitors may be received shall be limited only in the interest of effective treatment and the reasonable efficiency of the facility, and shall be sufficiently flexible to accommodate the individual needs of the individual and his or her visitors. Notwithstanding the above, each individual has the right to receive visits from his or her attorney, physician, psychologist, clergyman, social worker, parents or guardians, or advocate for a person with an intellectual disability in private at any reasonable time, irrespective of visiting hours, provided the visitor shows reasonable cause for visiting at times other than normal visiting hours.
(b) Writing material and postage stamps shall be reasonably available for the individual's use in writing letters and other communications. Reasonable assistance shall be provided for writing, addressing and posting letters and other documents upon request. The individual shall have the right to send and receive sealed and uncensored mail. The individual has the right to reasonable private access to telephones and, in case of personal emergencies when other means of communications are not satisfactory, he or she shall be afforded reasonable use of long distance calls. A individual who is unable to pay shall be furnished such writing, postage, and telephone facilities without charge.
(c) Each individual shall have the right to follow or abstain from the practice of religion. The facility shall provide appropriate assistance in this connection including reasonable accommodations for religious worship and/or transportation to nearby religious services. Individuals who do not wish to participate in religious practice shall be free from pressure to do so or to accept religious beliefs.
(d) Each individual shall have the right to a humane psychological and physical environment. He or she shall be provided a comfortable bed and adequate changes of linen and reasonable storage space, including locked space, for his or her personal possessions. A record shall be kept of each individual's personal possessions. Except when curtailed for reason of safety or therapy as documented in his or her record by a physician, he or she shall be afforded reasonable privacy in his sleeping and personal hygiene practices.
(e) Each individual shall have reasonable daily opportunities for physical exercise and outdoor exercise and shall have reasonable access to recreational areas and equipment.
(f) Each individual has the right to a nourishing, well-balanced, varied, and appetizing diet, and where ordered by a physician and/or nutritionist, to a special diet.
(g) Each individual shall have the right to prompt and adequate medical attention for any physical ailments and shall receive a complete physical examination upon admission and at least once a year thereafter.
(h) All individuals have a right to be free from unnecessary or excessive medication. No medication shall be administered unless at the written or verbal order of a licensed physician, noted promptly in the patient's medical record and signed by the physician within 24 hours. Medication shall be administered only by a licensed physician, registered nurse or licensed practical nurse, or by a medical or nursing student under the direct supervision of a licensed physician or registered nurse, or by a Director acting upon a licensed physician's instructions. The attending physician shall review on a regular basis the drug regimen of each individual under his or her care. All prescriptions for psychotropic medications shall be written with a termination date, which shall not exceed 30 days. Medication shall not be used as a punishment, for the convenience of staff, as a substitute for programs, or in quantities that interfere with the individual's habilitation program.
(Mar. 3, 1979, D.C. Law 2-137, § 505, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(q), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(hh), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1965.
1973 Ed., § 6-1685.
Effect of Amendments
D.C. Law 19-169 substituted "individual" for "customer", "individual's" for "customer's", and "Individual" for "Customer" throughout the section; and, in subsec. (a), substituted "advocate for a person with an intellectual disability" for "mental retardation advocate".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(q) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) amendment of section, see § 4(c) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary amendment of section, see § 505(q) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
No psychosurgery, convulsive therapy, experimental treatment or behavior modifications program involving aversive stimuli or deprivation of rights set forth in this subchapter shall be administered to any resident.
(Mar. 3, 1979, D.C. Law 2-137, § 506, 25 DCR 5094.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1966.
1973 Ed., § 6-1686.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
(a) Except in accordance with the procedures described in subsections (b) and (c) of this section, in § 21-2212, or as otherwise provided by law, no DDS individual shall be given services pursuant to this chapter absent the individual's informed consent. In seeking informed consent, the provider or DDS shall present the individual with available options and all material information necessary to make the decision, including information about the proposed service, potential benefits and risks of the proposed service, potential benefits and risks of no service, side effects, and information about feasible alternative services, if any.
(b) If the provider or DDS reasonably believes that the individual lacks the capacity to provide informed consent for the proposed service, the provider or DDS promptly shall seek a determination of the individual's capacity in accordance with § 21-2204. If the individual is certified as incapacitated for health-care decisions in accordance with § 21-2204, DDS or the provider shall promptly seek the provision of substituted consent from the individual's attorney-in-fact pursuant to § 21-2206 or, if no attorney-in-fact has been authorized pursuant to § 21-2205 or is reasonably available, mentally capable, and willing to act, from an individual authorized to provide substituted consent pursuant to § 21-2210.
(c) If the individual is certified as incapacitated and unable to consent to the proposed service in accordance with § 21-2204, and no attorney-in-fact or person listed in § 21-2210(a) is reasonably available, mentally capable, and willing to act:
(1) For any proposed services except psychotropic medications, the District shall petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The District's petition shall request the form of guardianship which is least restrictive to the incapacitated individual in duration and scope, taking into account the incapacitated individual's current mental and adaptive limitations or other conditions warranting the procedure. This subsection does not preclude any other party from petitioning the Court for appointment of a guardian.
(2) For all proposed psychotropic medications, except as described under paragraph (3) of this subsection, the provider may administer medication only when the administration of medication is accompanied by a behavioral plan and only after receiving approval from an independent panel appointed by the DDS Administrator pursuant to § 7-1305.06b.
(3) In an emergency in which a individual is experiencing a mental health crisis and in which the immediate provision of mental health treatment, including medication, is, in the written opinion of the attending physician, necessary to prevent serious injury to the individual or others, the provider may administer medication without seeking the individual's prior informed consent only to the extent necessary to terminate the emergency.
(Mar. 3, 1979, D.C. Law 2-137, § 506a, as added Oct. 22, 2008, D.C. Law 17-249, § 5(d), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 17(ii), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-169 substituted "individual" for "customer" and "individual's" for "customer's".
Temporary Addition of Section
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) addition, see § 5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For Law 17-249, see notes following § 7-1203.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) The DDS Administrator shall establish an independent panel to review all proposals to administer psychotropic medications to individuals made pursuant to § 7-1305.06a(c)(2) and in accordance with the administrative procedures established by DDS in accordance with subchapter I of Chapter 5 of Title 2. The administrative procedures established by DDS shall be consistent with the requirements of this section.
(b) The panel shall be comprised of 3 members. The members of the panel and their employers shall be immune from suit for any claim arising from any good faith act or omission under this section. The members of the panel shall not be affiliated with the individual, the provider, or the physician seeking to administer the medication, but shall include:
(1) A board-certified psychiatrist or an advanced practice registered nurse;
(2) A licensed professional; and
(3) A individual, or, if unavailable, a mental retardation advocate or other individual advocate.
(c) The administrative procedure established by DDS for the panel shall include, at a minimum:
(1) A meeting by the panel no later than one week after DDS receives a request for consent;
(2) Written and oral notice to the individual not less than 48 hours prior to when the panel will meet;
(3) The right of the individual to be present when the panel meets and to have a representative present during any such meeting;
(4) The opportunity, at the meeting of the panel, for the individual and his or her representative to present information and to discuss the wishes of the individual;
(5) The issuance of a written decision by the panel no later than one week after the meeting of the panel, to be provided to the individual, the individual's representative, and the provider; and
(6) The right of the individual to request that the DDS Human Rights Advisory Committee or its successor entity review the decision of the panel.
(d) If the individual requests a review by the DDS Human Rights Advisory Committee or its successor entity before the decision of the panel has been implemented, the decision shall not be implemented until after the DDS Human Rights Advisory Committee or its successor entity responds to the requested review. The DDS Human Rights Advisory Committee or its successor entity shall conduct the review at its next meeting or no later than 30 days after the request, whichever is earlier, and shall issue a response promptly.
(e) The panel shall issue a written decision which may grant, refuse, or withdraw consent to the prescription of the proposed psychotropic medication. The panel shall seek to conform as closely as possible to a standard of substituted judgment or, if the individual's wishes are unknown and remain unknown after reasonable efforts to discern them, make the decision on the basis of the individual's best interests. If the panel grants consent, the consent shall be granted for a limited period of time and shall last no longer than 9 consecutive months.
(f) For individuals for whom the panel has provided consent, DDS shall offer the individual the opportunity to execute a durable power of attorney in accordance with § 21-2205 and shall continue to seek to identify one or more individuals listed in § 21-2210(a) who may be reasonably available, mentally capable, and willing to act.
(g) For individuals for whom the panel has provided consent for 3 or more consecutive months, and for whom there is a reasonable likelihood that no decision-maker will become available and that the individual will not achieve capacity during the next 6 months to make decisions regarding psychotropic medications on his or her own behalf, the District shall petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The District's petition shall request the type of guardianship which is least restrictive to the incapacitated individual in duration and scope, taking into account the incapacitated individual's current mental and adaptive limitations or other conditions warranting the procedure. This subsection does not preclude any other party from petitioning the Court for appointment of a guardian.
(h) Refusal to consent to psychotropic medications shall not be used as evidence of a individual's incapacity.
(i) Refusal to consent to services on the basis of a valid religious objection shall not be overridden absent a specific court order requiring the provision of services.
(Mar. 3, 1979, D.C. Law 2-137, § 506b, as added Oct. 22, 2008, D.C. Law 17-249, § 5(d), 55 DCR 9206; Mar. 3, 2010, D.C. Law 18-111, § 7024, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-169, § 17(jj), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111, in subsec. (b)(1), deleted ", subject to the availability of funds," following "psychiatrist".
D.C. Law 19-169 substituted "individual" for "customer", "individual's" for "customer's", and "individuals" for "customers" throughout the section; and, in subsec. (b)(3), substituted "an advocate for a person with an intellectual disability" for "a mental retardation advocate".
Temporary Addition of Section
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) addition, see § 5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
For temporary (90 day) amendment of section, see § 7024 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 7024 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 17-249, see notes following § 7-1203.03.
For Law 18-111, see notes following § 7-736.01.
For history of Law 19-169, see notes under § 7-761.02.
(a) By April 15, 2009, the DDS shall complete a psychotropic medication review for all individuals served by DDS.
(b) By October 17, 2008, the DDS shall establish written procedures, which shall include timelines and shall identify responsible entities or individuals, for promptly implementing the recommendations for each individual identified by the psychotropic medication review.
(c) The psychotropic medication review shall be conducted by a review team that includes professionals with expertise in the prescription, use, and side effects of psychotropic medications as therapy for individuals who have been dually diagnosed with intellectual disabilities and mental illness.
(d) DDS shall establish in writing:
(1) Procedures for an initial administrative review of psychotropic medication prescriptions for all individuals served by DDS;
(2) Procedures and criteria for determining which individuals receive only an initial administrative review of psychotropic medications, and which individuals also receive a more detailed clinical review of psychotropic medications; and
(3) Criteria for screening and determining the clinical appropriateness of each psychotropic medication prescribed for each individual.
(e) The review team shall complete the initial administrative review of psychotropic medications. The initial administrative review of psychotropic medications shall determine, at minimum, for each individual served by DDS:
(1) All prescribed psychotropic medications;
(2) The diagnosis justifying each prescription;
(3) The provision of informed consent for each prescription;
(4) The presence of an accompanying behavioral plan; and
(5) Any other mental health services being provided to the individual.
(f) The review team shall conduct a clinical review of psychotropic medications when the initial administrative review meets the review team's criteria indicating that a detailed clinical review of the individual's psychotropic medication is warranted. The clinical review shall seek to determine the clinical appropriateness of each prescribed psychotropic medication and the potential for alternative approaches. The clinical review shall include, at a minimum, interviews with the individual, the prescribing professional, and the individual's residential and day service providers, if any.
(g) By no later than 30 days after completing a psychotropic medication review of an individual, the review team shall issue a written report, which shall include recommendations for:
(1) Continued use, modification, or termination of psychotropic medication;
(2) Potential use of alternative approaches, including therapies, behavioral plans, skill development, and environmental modifications;
(3) Informed consent, if informed consent has not been provided; and
(4) Development of a behavioral plan, if no behavioral plan is present.
(h) A copy of the written report of the review team shall be appended to the individual's individual habilitation plan and shall be provided to:
(1) The individual;
(2) The individual's legal representative, if any;
(3) The individual's advocate for a person with an intellectual disability, if any;
(4) The individual's DDS case manager;
(5) Other persons identified in the individual's individual habilitation plan as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210, if any;
(6) The individual's residential service provider; and
(7) The Quality Trust for Individuals with Disabilities, Inc.
(Mar. 3, 1979, D.C. Law 2-137, § 506c, as added Oct. 22, 2008, D.C. Law 17-249, § 5(d), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 17(kk), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-169 substituted "all individuals served by DDS" for "all DDS customers", "each individual" for "each customer", "intellectual disabilities" for "mental retardation" , "each individual served by DDS" for "which customers", "the individual" for "the customer", "the individual's" for "the customer's", "an individual" for "a customer", and "advocate for a person with an intellectual disability" for "mental retardation advocate"; in subsec. (c), substituted "for individuals" for "for customers"; and rewrote subsec. (h)(5), which formerly read:
"(5) The individuals identified in the customer's individual habilitation plan as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210, if any;"
Temporary Addition of Section
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) addition, see § 5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For Law 17-249, see notes following § 7-1203.03.
For history of Law 19-169, see notes under § 7-761.02.
(Mar. 3, 1979, D.C. Law 2-137, § 507, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(r), 42 DCR 3684; Oct. 22, 2008, D.C. Law 17-249, § 5(e), 55 DCR 9206.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1967.
1973 Ed., § 6-1687.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(r) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 3(a) of Mentally Retarded Citizens Substitute Consent for Health Care Decisions and Emergency Care Definition Temporary Amendment Act of 1998 (D.C. Law 12-249, April 20, 1999, law notification 46 DCR 4162).
For temporary (225 day) amendment of section, see § 3(a), (b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 1999 (D.C. Law 13-88, April 12, 2000, law notification 47 DCR 2839).
For temporary (225 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2000 (D.C. Law 13-221, April 3, 2001, law notification 48 DCR 3463).
For temporary (225 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2001 (D.C. Law 14-64, February 27, 2002, law notification 49 DCR 2274).
For temporary (225 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2002 (D.C. Law 14-241, March 25, 2003, law notification 50 DCR 2754).
For temporary (225 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2003 (D.C. Law 15-98, March 10, 2004, law notification 51 DCR 3618).
For temporary (225 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2004 (D.C. Law 15-245, March 17, 2005, law notification 52 DCR 4121).
Temporary Addition of Section
For temporary (225 day) addition, see § 3(b) of Mentally Retarded Citizens Substitute Consent for Health Care Decisions and Emergency Care Definition Temporary Amendment Act of 1998 (D.C. Law 12-249, April 20, 1999, law notification 46 DCR 4162).
For temporary (225 day) addition, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2000 (D.C. Law 13-221, April 3, 2001, law notification 48 DCR 3463).
For temporary (225 day) addition, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2001 (D.C. Law 14-64, February 27, 2002, law notification 49 DCR 2274).
For temporary (225 day) addition, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2002 (D.C. Law 14-241, March 25, 2003, law notification 50 DCR 2754).
For temporary (225 day) addition, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2003 (D.C. Law 15-98, March 10, 2004, law notification 51 DCR 3618).
For temporary (225 day) addition, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Temporary Amendment Act of 2004 (D.C. Law 15-245, March 17, 2005, law notification 52 DCR 4121).
Temporary Repeal of Section
For temporary (225 day) repeal of section, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454).
For temporary (225 day) repeal of section, see § 4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) repeal of section, see § 4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary amendment of section, see § 505(r) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 402(f) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(r) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 402(g) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(t) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 506(s) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 3(a) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Emergency Amendment Act of 1998 (D.C. Act 12-554, December 30, 1998, 45 DCR 566).
For temporary addition of § 6-1967.1, see § 3(b) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Emergency Amendment Act of 1998 (D.C. Act 12-554, December 30, 1998, 45 DCR 566).
For temporary (90-day) amendment of section, see § 3(a) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-56, April 16, 1999, 46 DCR 3858).
For temporary (90-day) addition of § 6-1967.1, see § 3(b) of the Mentally Retarded Citizens Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-56, April 16, 1999, 46 DCR 3858).
For temporary (90-day) amendment of section, see § 3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 1999 (D.C. Act 13-202, December 1, 1999, 47 DCR 134).
For temporary (90-day) addition of § 6-1967.1, see § 3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 1999 (D.C. Act 13-202, December 1, 1999, 47 DCR 134).
For temporary (90-day) amendment of section, see § 3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-285, March 7, 2000, 47 DCR 2033).
For temporary (90-day) addition of § 6-1967.1, see § 3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-285, March 7, 2000, 47 DCR 203).
For temporary (90 day) amendment of section, see § 3(a) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2000 (D.C. Act 13-455, November 7, 2000, 47 DCR 9415).
For temporary (90 day) addition of § 7-1305.07a, see § 3(b) of the Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2000 (D.C. Act 13-455, November 7, 2000, 47 DCR 9415).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-3, February 13, 2001, 48 DCR 2251).
For temporary (90 day) addition of section § 7-1305.07a, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-3, February 13, 2001, 48 DCR 2251).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2001 (D.C. Act 14-143, October 23, 2001, 48 DCR 9944).
For temporary (90 day) addition of section § 7-1305.07a, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2001 (D.C. Act 14-143, October 23, 2001, 48 DCR 9944).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-246, January 28, 2002, 49 DCR 1040).
For temporary (90 day) addition of § 7-1305.07a, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-246, January 28, 2002, 49 DCR 1040).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2002 (D.C. Act 14-514, October 23, 2002, 49 DCR 10480).
For temporary (90 day) addition of § 7-1305.07a, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2002 (D.C. Act 14-514, October 23, 2002, 49 DCR 10480).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-602, January 7, 2003, 50 DCR 684).
For temporary (90 day) addition of § 7-1305.07a, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-602, January 7, 2003, 50 DCR 684).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2003 (D.C. Act 15-234, November 25, 2003, 50 DCR 10734).
For temporary (90 day) addition of section, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Emergency Amendment Act of 2003 (D.C. Act 15-234, November 25, 2003, 50 DCR 10734).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-359, February 19, 2004, 51 DCR 2578).
For temporary (90 day) addition of section, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-359, February 19, 2004, 51 DCR 2578).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted for Health Care Decisions Emergency Amendment Act of 2004 (D.C. Act 15-558, October 26, 2004, 51 DCR 10375).
For temporary (90 day) addition of section, see § 3(b) of Citizens with Mental Retardation Substituted for Health Care Decisions Emergency Amendment Act of 2004 (D.C. Act 15-558, October 26, 2004, 51 DCR 10375).
For temporary (90 day) amendment of section, see § 3(a) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-6, January 19, 2005, 52 DCR 2683).
For temporary (90 day) addition of section, see § 3(b) of Citizens with Mental Retardation Substituted Consent for Health Care Decisions Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-6, January 19, 2005, 52 DCR 2683).
For temporary (90 day) repeal of section, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021).
For temporary (90 day) repeal of section, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795).
For temporary (90 day) repeal of section, see § 4(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) repeal of section, see § 4(e) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) repeal, see § 4(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) repeal, see § 4(e) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Act of 2007 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) repeal, see § 5(e) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 17-249, see notes following § 7-1203.03.
(a) It shall be the policy of the District government to ensure that all persons who become incapable of making or communicating health-care decisions for themselves have available health-care decision-makers. In addition, it shall be the policy of DDS to ensure that every individual served by DDS has the opportunity to execute a durable power of attorney pursuant to § 21- 2205, and has one or more individuals identified as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210, if the individual were to become certified as incapacitated to make a health-care decision in accordance with § 21-2204.
(b) The DDS Administrator shall issue by November 1 of each year an annual plan describing how DDS will comply with subsection (a) of this section during the current fiscal year. The plan shall include data from the prior fiscal year for assessing the current and potential health-care decision-making needs of all individuals served by DDS. The plan shall include, at a minimum:
(1) Aggregate statistics summarizing the numbers of individuals served by DDS who:
(A) Have a general guardian, a limited guardian, a health-care guardian, or an emergency guardian as of the end of the prior fiscal year;
(B) At any time during the prior fiscal year, had an emergency guardian authorized to make health-care decisions or a health-care guardian;
(C) Have executed a durable power of attorney in accordance with § 21-2205;
(D) Have been offered an opportunity to execute a durable power of attorney pursuant to § 21-2205 and declined;
(E) Have an individual identified as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210; or
(F) Lack any available substitute health-care decision-maker;
(2) Aggregate statistics describing the numbers of individuals taking psychotropic medications as of the end of the previous fiscal year, and an assessment of the degree to which health-care decision-making support for the prescription of psychotropic medication may be required for these individuals;
(3) Aggregate statistics describing the requests for consent reviewed during the prior fiscal year by the independent psychotropic medication panel authorized in § 7-1305.06b, analyzing outcomes, monthly and yearly trends, and requests for review by the DDS Human Rights Committee;
(4) Aggregate statistics describing for the prior fiscal year:
(A) The number of substitute decisions which required intervention by DDS to identify an individual to provide substituted consent pursuant to § 21-2210;
(B) The nature of the health-care needs and medical treatments; and
(C) The average time elapsed between a request for a substituted decision and the provision of substituted consent; and
(5) An analysis of the statistics described in this subsection, identification of yearly and multiyear trends, and a plan for remedial measures to be taken when the statistics identify process or service deficiencies.
(c) The DDS Administrator shall produce a quarterly report on all substituted consent activities pursuant to subsection (a) of this section until October 2010. Quarterly reports shall be complete by the 15th day of October, January, April, and July and shall include:
(1) Statistics describing:
(A) The number of substitute decisions during the prior quarter which required intervention by DDS to identify an individual to provide substituted consent pursuant to § 21-2210;
(B) The nature of the health-care needs and medical treatments for each substituted decision;
(C) The time elapsed between each request for a substituted decision and the provision of substituted consent; and
(D) If the process for identifying an individual to provide substituted consent pursuant to § 21-2210 is not complete, a summary of the specific barriers currently identified and the specific action needed; and
(2) An analysis of the statistics described in this subsection, and a plan for remedial measures to be taken, when the statistics identify process delays.
(d)(1) The DDS Administrator shall submit the annual plan described in subsection (b) of this section and the quarterly report described in subsection (c) of this section to:
(A) The Committee of the Council under whose purview DDS falls;
(B) The Mayor; and
(C) The designated state protection and advocacy agency for the District of Columbia established pursuant to the Protection and Advocacy for Mentally Ill Individuals Act of 1986, approved May 23, 1986 (100 Stat. 478; 42 U.S.C. § 10801 et seq.), and section 509 of the Rehabilitation Act of 1973, approved October 29, 1992 (106 Stat. 4430; 29 U.S.C. § 794e).
(2) The DDS Administrator shall make copies of the annual plan and quarterly reports described in this section available to members of the public upon request.
(e) Nothing in this section shall be construed as requiring any person to execute a durable power of attorney for health care.
(Mar. 3, 1979, D.C. Law 2-137, § 507a, as added Oct. 22, 2008, D.C. Law 17-249, § 5(f), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 17(ll), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-169, in subsec. (a), substituted "every individual served by DDS" for "every DDS customer" and "the individual" for "the customer"; and, in subsec. (b), substituted "individuals served by DDS" for "DDS customers" and "individuals" for "customers".
Temporary Addition of Section
For temporary (225 day) addition, see § 4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454).
For temporary (225 day) addition, see § 4(f) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) addition, see § 4(f) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary (90 day) addition, see § 4(e) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021).
For temporary (90 day) addition, see § 4(e) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795).
For temporary (90 day) addition, see § 4(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) addition, see § 4(f) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) addition, see § 4(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) addition, see § 4(f) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Act of 2007 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) addition, see § 5(f) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For Law 17-249, see notes following § 7-1203.03.
For history of Law 19-169, see notes under § 7-761.02.
No individual served at a facility shall be sterilized by any employee of a facility or by any other person acting at the direction of, or under the authorization of, the Director or any other employee of a facility.
(Mar. 3, 1979, D.C. Law 2-137, § 508, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(s), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(mm), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1968.
1973 Ed., § 6-1688.
Effect of Amendments
D.C. Law 19-169 substituted "individual served at" for "customer of".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(s) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(s) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
Individuals shall have a right not to be subjected to experimental research without the express and informed consent of the individual, or if the individual cannot give informed consent, of the individual's parent or guardian. Such proposed research shall first have been reviewed and approved by the Department on Disability Services before such consent shall be sought. Prior to such approval, the Department shall determine that such research complies with the principles of the statement on the use of human subjects for research of the American Association on Mental Deficiency and with the principles for research involving human subjects required by the United States Department of Health and Human Services for projects supported by that agency.
(Mar. 3, 1979, D.C. Law 2-137, § 509, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(t), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(l), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(nn), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1969.
1973 Ed., § 6-1689.
Effect of Amendments
D.C. Law 16-264 substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 19-169 substituted "individual" for "customer", "individual's" for "customer's", and "Individuals" for "Customers".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(t) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(t) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 301(l) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) Mistreatment, neglect or abuse in any form of any individual shall be prohibited. The routine use of all forms of restraint shall be eliminated. Physical or chemical restraint shall be employed only when absolutely necessary to prevent a customer from seriously injuring himself or herself, or others. Restraint shall not be employed as a punishment, for the convenience of staff or as a substitute for programs. In any event, restraints may only be applied if alternative techniques have been attempted and failed (such failure to be documented in the individual's record) and only if such restraints impose the least possible restriction consistent with their purposes. Each facility shall have a written policy defining:
(1) The use of restraints;
(2) The professionals who may authorize such use; and
(3) The mechanism for monitoring and controlling such use.
(b) Only professionals designated by the Director may order the use of restraints. Such orders shall be in writing and shall not be in force for over 12 hours. A customer placed in restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be kept.
(c) Mechanical restraints shall be designed for minimum discomfort and used so as not to cause physical injury to the customer. Opportunity for motion and exercise shall be provided for a period of not less than 10 minutes during each 2 hours in which restraint is employed.
(d) Seclusion, defined as a placement of a customer alone in a locked room, shall not be employed. Legitimate "time-out" procedures may be utilized under close and direct professional supervision as a technique in behavior-shaping programs. Each facility shall have a written policy regarding "time-out" procedures.
(e) Alleged instances of mistreatment, neglect or abuse of any individual shall be reported immediately to the Director and the Director shall inform the individual's counsel, parent or guardian who petitioned for the commitment, and the individual's advocate for a person with an intellectual disability of any such instances. There shall be a written report that the allegation has been thoroughly and promptly investigated (with the findings stated therein). Employees of facilities who report such instances of mistreatment, neglect, or abuse shall not be subjected to adverse action by the facility because of the report.
(f) An individual's counsel, parent or guardian who petitioned for commitment and an individual's advocate for a person with an intellectual disability shall be notified in writing whenever restraints are used and whenever an instance of mistreatment, neglect or abuse occurs.
(Mar. 3, 1979, D.C. Law 2-137, § 510, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(u), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(oo), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1970.
1973 Ed., § 6-1690.
Effect of Amendments
D.C. Law 19-169 substituted "any individual" for "any customer", "an individual's" for "a customer's", "advocate for a person with an intellectual disability" for "mental retardation advocate", and "the individuals" for "the customers".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(u) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 402(h) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(u) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
(a) No individual shall be compelled to perform labor which involves the operation, support, or maintenance of the facility or for which the facility is under contract with an outside organization. Privileges or release from the facility shall not be conditional upon the performance of such labor. The Mayor shall promulgate rules and regulations governing compensation of individuals who volunteer to perform such labor, which rules and regulations shall be consistent with United States Department of Labor regulations governing employment of patient workers in hospitals and institutions at subminimum wages.
(b) A individual may be required to perform habilitative tasks which do not involve the operation, support or maintenance of the facility if those tasks are an integrated part of the individual's habilitation plan and supervised by a qualified developmental disability professional designated by the Director.
(c) A individual may be required to perform tasks of a housekeeping nature for his or her own person only.
(Mar. 3, 1979, D.C. Law 2-137, § 511, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(v), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(pp), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1971.
1973 Ed., § 6-1691.
Effect of Amendments
D.C. Law 19-169 substituted "individual" for "customer", "individual's" for "customer's", and "individuals" for "customers"; and, in subsec. (b), substituted "qualified developmental disability professional" for "qualified mental retardation professional".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(v) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 402(i) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(v) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
(a) Complete records for each individual shall be maintained and shall be readily available to professional persons and to the staff workers who are directly involved with the particular individual and to the Department on Disability Services without divulging the identity of the individual. All information contained in a individual's records shall be considered privileged and confidential. The individual's parent or guardian who petitioned for the commitment, the individual's counsel, the individual's advocate for a person with an intellectual disability and any person properly authorized in writing by the individual, if such individual is capable of giving such authorization, shall be permitted access to the individual's records. These records shall include:
(1) Identification data, including the individual's legal status;
(2) The individual's history, including but not limited to:
(A) Family data, educational background and employment record;
(B) Prior medical history, both physical and mental, including prior institutionalization;
(3) The individual's grievances, if any;
(4) An inventory of the individual's life skills;
(5) A record of each physical examination which describes the results of the examination;
(6) A copy of the individual habilitation plan; and any modifications thereto and an appropriate summary which will guide and assist the professional and staff employees in implementing the individual's program;
(7) The findings made in periodic reviews of the habilitation plan which findings shall include an analysis of the successes and failures of the habilitation program and shall direct whatever modifications are necessary;
(8) A medication history and status;
(9) A summary of each significant contact by a professional person with a individual;
(10) A summary of the individual's response to his or her program, prepared and recorded at least monthly, by the professional person designated pursuant to § 7-1305.04(c) to supervise the individual's habilitation;
(11) A monthly summary of the extent and nature of the individual's work activities and the effect of such activity upon the individual's progress along the habilitation plan;
(12) A signed order by a professional person, as set forth in § 7- 1305.10(b), for any physical restraints;
(13) A description of any extraordinary incident or accident in the facility involving the individual, to be entered by a staff member noting personal knowledge of the incident or accident or other source of information, including any reports of investigations of individual's mistreatment;
(14) A summary of family visits and contacts;
(15) A summary of attendance and leaves from the facility; and
(16) A record of any seizures, illnesses, treatments thereof, and immunizations.
(b) Notwithstanding subsection (a) of this section, information contained in a individual's record may be used or disclosed for the purposes of and in accordance with Chapter 2A of this title.
(Mar. 3, 1979, D.C. Law 2-137, § 512, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(w), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(m), 54 DCR 818; Dec. 4, 2010, D.C. Law 18-273, § 205, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-169, § 17(qq), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1972.
1973 Ed., § 6-1692.
Effect of Amendments
D.C. Law 16-264, in the lead-in text, substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 18-273 designated the existing text as subsec. (a); and added subsec. (b).
D.C. Law 19-169 substituted "individual" for "customer" and "individual's" for "customer's" throughout the section; and, in subsec. (a), substituted "advocate for a person with an intellectual disability" for "mental retardation advocate".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(w) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 2 of Disclosure of Mental Retardation and Developmental Disabilities Fatality Review Committee and Mental Retardation and Developmental Disabilities Incident Management and Investigations Unit Information and Records Temporary Amendment Act of 2006 (D.C. Law 16-143, July 25, 2006, law notification 53 DCR 6686).
Emergency Act Amendments
For temporary amendment of section, see § 402(j) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(w) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 2 of Disclosure of the Mental Retardation and Developmental Disabilities Fatality Review Committee and Mental Retardation and Developmental Disabilities Incident Management and Investigations Unit Information and Records Emergency Amendment Act of 2006 (D.C. Act 16-363, April 26, 2006, 53 DCR 3628).
For temporary (90 day) amendment of section, see § 301(m) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
For temporary (90 day) amendment of section, see § 205 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 205 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 18-273, see notes following § 7-131.
For history of Law 19-169, see notes under § 7-761.02.
(a) Any interested party shall have the right to initiate an action in the Court to compel the rights afforded persons with intellectual disabilities under this chapter.
(b) Any individual shall have the right to a civil remedy in an amount not less than $25 per day from the Director or the District of Columbia, separately or jointly, for each day in which said individual at a facility is not provided a program adequate for habilitation and normalization pursuant to the individual's individual habilitation plan, unless the District is unable to pay the cost of recommended services because available funds appropriated for the purposes of this chapter are insufficient to pay the costs.
(c) Sovereign immunity shall not bar an action under this section.
(d) The good faith belief that an habilitation program was professionally indicated shall be a defense to an action under subsection (b) of this section, despite the program's apparent ineffectiveness. In such circumstances, the habilitation program shall be modified to one appropriate for the individual within 5 days of a Court's decision that the program is inappropriate.
(e) Reasonable attorneys' fees and Court costs shall be available for actions brought under this section.
(Mar. 3, 1979, D.C. Law 2-137, § 513, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(x), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(p), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(rr), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1973.
1973 Ed., § 6-1693.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted "persons with mental retardation" for "mentally retarded persons".
D.C. Law 19-169 substituted "individual" for "customer" throughout the section; and, in subsec. (a), substituted and "individual disabilities" for "mental retardation"; and, in subsec. (b), substituted "individual's" for "customer's".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(x) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(h) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Emergency Act Amendments
For temporary amendment of section, see § 4(h) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(h) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 402(k) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(x) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
(a) No person shall be deprived of any civil right, or public or private employment, solely by reason of his or her having received services, voluntarily or involuntarily, for an intellectual disability.
(b) Any person who has been admitted or committed to a facility under the provisions of this chapter retains all rights not specifically denied him or her under this chapter, including rights of habeas corpus.
(c) Any person who violates or abuses any rights or privileges protected by this chapter shall be liable for damages as determined by law, for Court costs and for reasonable attorneys' fees. Any person who acts in good faith compliance with the provisions of this chapter shall be immune from civil or criminal liability for actions in connection with evaluation, admission, commitment, habilitative programming, education or discharge of a resident. However, this section shall not relieve any person from liability for acts of negligence, misfeasance, nonfeasance, or malfeasance.
(Mar. 3, 1979, D.C. Law 2-137, § 514, 25 DCR 5094; Sept. 26, 2012, D.C. Law 19-169, § 17(ss), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1974.
1973 Ed., § 6-1694.
Effect of Amendments
D.C. Law 19-169, in subsec. (a), substituted "an intellectual disability" for "mental retardation".
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
If an individual is committed by the Court to DDS pursuant to this chapter or committed by the Court to the Department of Mental Health pursuant to subchapter IV of Chapter 5 of Title 21, or if an individual is temporarily placed with DDS pursuant to § 7-1303.12a during the pendency of commitment proceedings, and DDS or the Department of Mental Health has reason to believe that the committed individual or the individual temporarily placed with DDS pursuant to § 7-1303.12a is dually diagnosed as having both mental illness and an intellectual disability, DDS and the Department of Mental Health shall collaborate in assessing the individual and shall jointly provide appropriate supports and services for the individual.
(Mar. 3, 1979, D.C. Law 2-137, § 515, as added Oct. 17, 2002, D.C. Law 14-199, § 2(r), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(n), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(tt), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-264 substituted "DDS" for "MRDDA".
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) addition of § 7-1305.15, see § 2(p) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) addition of § 7-1305.15, see § 2(r) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
For temporary (90 day) amendment of section, see § 301(n) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
