2013 District of Columbia Code
Division VIII — GENERAL LAWS
Title 44 — CHARITABLE AND CURATIVE INSTITUTIONS
Subtitle I — HEALTH RELATED INSTITUTIONS
Chapter 5 — HEALTH-CARE AND COMMUNITY RESIDENCE FACILITY, HOSPICE AND HOME CARE LICENSURE
Subchapter I — LICENSURE
Section 44-506 — Provisional and restricted licenses.

(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license when a facility or agency has numerous deficiencies or a serious single deficiency with respect to the standards to be established under § 44-504(a)(3), the Mayor may:
(1) Issue a provisional license if the facility or agency is taking appropriate ameliorative action in accordance with a mutually agreed upon timetable; or
(2) Issue a restricted license that prohibits the facility or agency from accepting new patients/clients/residents or delivering certain specified services that it would otherwise be authorized to deliver, if appropriate ameliorative action is not forthcoming.
(b) As provided in § 44-505(a), provisional licenses may be issued to new facilities and agencies in order to afford the Mayor sufficient time and evidence to evaluate whether a new facility or agency is capable of complying with the provisions of this subchapter, rules adopted pursuant to this subchapter, and other applicable provisions of law.
(c) Provisional licenses may be granted for a period not exceeding 90 days, and may be renewed no more than once.
(d) Any provisional license issued pursuant to this section shall be issued as a provisional Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(e) If a facility is issued a restricted or provisional license, the Department of Health may, if appropriate, appoint a temporary manager or monitor in accordance with a mutually agreed upon timetable or until the facility becomes compliant with § 44-504(a)(3) and (h-1).

History
(Feb. 24, 1984, D.C. Law 5-48, § 7, 30 DCR 5778; Apr. 20, 1999, D.C. Law 12-261, § 2003(aa)(3), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(ee)(3), 50 DCR 6913; Apr. 29, 2010, D.C. Law 18-145, § 3(c), 57 DCR 1834; Sept. 26, 2012, D.C. Law 19-171, § 112, 59 DCR 6190.)

Annotations
Section References. This section is referenced in § 44-505.

Prior Codifications. 1981 Ed., § 32-1306.

Effect of Amendments. D.C. Law 15-38, in subsec. (d), substituted "Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services Facility endorsement to a basic business license under the basic" for "Class A Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a master business license under the master".
D.C. Law 18-145 added subsec. (e).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.

Emergency Legislation. For temporary (90 day) amendment of section, see § 3(ee)(3) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

Legislative History of Law 5-48. For legislative history of D.C. Law 5-48, see Historical and Statutory Notes following § 44-501.

Legislative History of Law 12-261. For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 44-502.

Legislative History of Law 15-38. For Law 15-38, see notes following § 44-202.

Legislative History of Law 18-145. For Law 18-145, see notes following § 44-504.

Legislative History of Law 19-171. Law 19-171, the "Technical Amendments Act of 2012," was introduced in Council and assigned Bill No. 19-397. The Bill was adopted on first and second readings on Mar. 20, 2012, and Apr. 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.

Editor's Notes Because of the enactment of subchapter II of this chapter by D.C. Law 12-238 and the designation of the preexisting text as subchapter I, "subchapter" has been substituted for "act" twice near the end of (b).
Section 112 of D.C. Law 19-171 amended subsection (e) of this section by striking the phrase "with § 44-504(a)(3)" and inserting the phrase "with section 8(a)(3) [of D.C. Law 5-48]" in its place. The legislative intent was to substitute in the phrase "with section 5(a)(3)," codified as § 44-504(a)(3), rather than the phrase "with section 8(a)(3)," and has been implemented accordingly.