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The DC Code: § 44-506 Provisional and restricted licenses.

Index44 Charitable and Curative Institutions. (Refs & Annos)
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).

Historical and Statutory

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). D.C. Law 19-171, in subsec. (e), validated a previously made technical correction. Emergency Act Amendments 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 Laws For legislative history of D.C. Law 5-48, see Historical and Statutory Notes following § 44-501. For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 44-502. For Law 15-38, see notes following § 44-202. For Law 18-145, see notes following § 44-504. For history of Law 19-171, see notes under § 44-407. 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). DC CODE § 44-506 Current through December 11, 2012

Credits

(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.)