§ 1-620.21. Definitions.

Current through October 23, 2012

For the purposes of this subchapter, the term:

(1) "Applicant" means a person who has filed a written employment application form to work for the Department of Human Services or the Department of Mental Health or has been tentatively selected for employment by either the Department of Human Services or the Department of Mental Health to work as a high potential risk employee.

(2) Repealed.

(3) Repealed.

(4) "High potential risk employee" means any Department of Mental Health or Department of Human Services employee who has resident care or custody responsibilities in a secured facility or who works in a residential facility.

(5) "Post-accident employee" means any Department of Mental Health or Department of Human Services employee who, while on duty, was involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.

(6) "Probable cause" means a reasonable belief by a supervisor that an employee is under the influence of an illegal substance or alcohol such that the employee's ability to perform his or her job is impaired.

(7) "Probable cause referral" means a referral, based on probable cause, for testing by the Department of Human Services or the Department of Mental Health for drug or alcohol use.

(8) "Random testing" means drug or alcohol testing taken by a Department of Mental Health or Department of Human Services employee at an unspecified time for the purposes of determining whether any Department of Mental Health or Department of Human Services employee has used drugs or alcohol and as a result is unable to satisfactorily perform his or her employment duties.

(9) "Residential facility" means a facility that provides a supervised and sheltered living environment for individuals who need such an environment because of their mental, familial, social, or other circumstances.

(10) "Secured facility" means a hospital or institution that is:

(A) Leased, or owned by the District government;

(B) Operated by the District government; and

(C) Equipped and qualified to provide in-resident or in-patient care to detained or committed youth or persons with mental illness.

                
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(Mar. 3, 1979, D.C. Law 2-139, § 2021, as added, Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(3), 48 DCR 7674; Apr. 24, 2007, D.C. Law 16-305, § 4, 53 DCR 6198.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-621.61.

Effect of Amendments

D.C. Law 14-56 substituted "Department of Human Services or the Department of Mental Health" for "Department or the Commission" wherever it appeared; substituted "Department of Mental Health or Department of Human Services" for "Department or Commission" wherever it appeared; and, repealed pars. (2) and (3) which had read:

"(2) 'Commission' means the Commission on Mental Health Services.

"(3) 'Department' means the Department of Human Services."

D.C. Law 16-305, in par. (10)(C), substituted "with" for "suffering from".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Temporary Addition of Section

For temporary (225 day) addition of section, see § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing Temporary Amendment Act of 1998 (D.C. Law 12-191, March 26, 1999, law notification 46 DCR 3417).

Emergency Act Amendments

For temporary addition of subchapter, see § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing Emergency Amendment Act of 1998 (D.C. Act 12-430, July 29, 1998, 45 DCR 5727), § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Drug and Alcohol Testing Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-504, October 27, 1998, 45 DCR 8127), and § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-599, January 20, 1998, 46 DCR 1147).

For temporary (90 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(3) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Legislative History of Laws

Law 12-227, the "Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-625, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998 respectively. Signed by the Mayor on December 11, 1998, it was assigned Act No. 12-548 and transmitted to both Houses of Congress for its review. D.C. Law 12-227 became effective on April 13, 1999.

For Law 14-56, see notes following § 1-603.01.

For Law 16-305, see notes following § 1-307.02.