Bill Summary – FastDemocracy

MURIEL BOWSER

    MAYOR

December 19, 2023

The Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue NW, Suite 504

Washington, DC 20004

Dear Chairman Mendelson:

Enclosed for consideration and approval by the Council is Proposed Rulemaking to amend

Section 2017 (Health Examinations) of Chapter 20 (Hospitals) of Title 22-B DCMR. Also

included with this transmittal is the “Hospital Health Screenings and Examinations Approval

Resolution of 2023.”

The proposed amendments to Section 2017 (Health Examinations) of Chapter 20 (Hospitals)

revise regulatory requirements on health screenings and examinations for hospital employees,

physicians, and nonpaid personnel and ensure compliance with the Americans with Disabilities

Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

The Proposed Rulemaking was published in the DC Register at 70 D.C. Register 003125 on

March 10, 2023.

I urge the Council to take prompt and favorable action on the enclosed proposed resolution.

Sincerely,

Muriel Bowser

 1

 2                                                               Chairman Phil Mendelson

 3                                                               at the request of the Mayor

 4

 5

 6                                    A PROPOSED RESOLUTION

 7

 8

 9

10                      IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

11

12

13

14   To approve the proposed rules to amend Section 2017 (Health Examinations) of Chapter 20

15          (Hospitals) of Title 22 (Health), Subtitle B (Public Health and Medicine) of the District

16          of Columbia Municipal Regulations that implement the provisions of the Health-Care and

17          Community Residence Facility, Hospice and Home Care Licensure Act of 1983 .

18

19          RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

20   resolution may be cited as the "Hospital Health Screenings and Examinations Approval

21   Resolution of 2023".

22          Sec. 2. Pursuant to section 5U) of the Health-Care and Community Residence Facility,

23   Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48;

24   D.C. Official Code § 44-504(j)), the Council approves the proposed rules adopted by the Mayor

25   that amend Section 2017 (Health Examinations) of Chapter 20 (Hospitals) of Subtitle B (Public

26   Health and Medicine) of Title 22 (Health) of the District of Columbia Municipal Regulations.

27          Sec 3. Fiscal Impact.

28   The Council adopts the fiscal impact statement in the committee report as the fiscal impact

29   statement required by section 602( c)(3) of the District of Columbia Home Rule Act, approved

30   December 24, 1973 (97 Stat. 813; D.C. Official Code §l-206 .02(c)(3)).

31          Sec. 4. The Council shall transmit a copy of this resolution, upon its adoption, to the

32   Mayor, the Director of the Department of Health, and the Administrator of the Office of

33   Documents and Administrative Issuances.

34          Sec. 5. This resolution shall take effect immediately.

DISTRICT OF COLUMBIA REGISTER                    VOL. 70 - NO. 10                   MARCH 10, 2023

                                    DEPARTMENT OF HEALTH

                             NOTICE OF PROPOSED RULEMAKING

   The Interim Director of the Department of Health, pursuant to the authority set forth in section

   5(a) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure

   Act of 1983 (“Act”), effective February 24, 1984, D.C. Law 5-48, D.C. Official Code § 44-504(a)

   and Mayor’s Order 98-137, dated August 20, 1998, hereby gives notice of her intent to adopt the

   following amendments to section 2017 (Health Examinations) of Chapter 20 (Hospitals) of Title

   22 (Health), Subtitle B (Public Health and Medicine) of the District of Columbia Municipal

   Regulations (“DCMR”).

   The amendments to section 2017 (Health Examinations) revise regulatory requirements on health

   screenings and examinations for hospital employees, physicians, and nonpaid personnel and

   require compliance with the Americans with Disabilities Act (ADA) and the Genetic Information

   Nondiscrimination Act (GINA). For information on ADA, please view

  https://www eeoc.gov/disability-discrimination-and-employment-decisions; for information on

   GINA, please viewhttps://www.ccoc.gov/laws/guidance/what-you-should-know-questions-and-

   answers-about-genetic-information for GINA.

   Pursuant to section 5(j) of the Act (D.C. Official Code § 44-504())), the proposed rules shall be

   submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal

   holidays, and days of Council recess. Ifthe Council does not approve or disapprove the proposed

   rules by resolution within this 45-day review period, the proposed rules shall be deemed approved.

   The Interim Director hereby gives notice of her intent to take final rulemaking action to adopt the

   proposed rules in not less than thirty (30) days after the publicationofthis notice in the District of

   Columbia Register.

   Chapter 20, HOSPITALS, of Title 22, HEALTH, Subtitle B, PUBLIC HEALTH AND

   MEDICINE, of the DCMR is amended as follows:

   Section 2017, HEALTH EXAMINATIONS, is renamed and amended to read as follows:

  2017            HEALTH SCREENINGS AND EXAMINATIONS

  2017.1          A hospital’s policies and procedures for health screening and examinations to

                  prevent the transmission of communicable diseases must comply with the

                  ‘Americans with Disabilities. Act (ADA) and the Genetic Information

                  Nondiscrimination Act (GINA).

  2017.2          Each person, other than a physician, involved in the performance of duties

                  involving direct patient care shall have an occupational health screening by a

                  physician or other qualified health professional after receiving a conditional offer

                  for employment or within thirty (30) calendar days after commencing employment,

                  and at least once every two (2) years thereafter. Each physician shall have an

                                                 003125

DISTRICT OF COLUMBIA REGISTER              VOL. 70 - NO. 10                    MARCH 10, 2023

             occupational health screening performed by another physician or other qualified

             health care professional after receiving a conditional offer for employment, at a

             time before commencing employment, and once every two (2) years thereafter.

   2017.3    Occupational health screenings may include:

             (a) A limited medical history (excluding family medical history);

             (b)    A physical examination;

             (c)    An intradermal tuberculin test, a U.S. Food and Drug Administration

                    (FDA) approved blood test for tuberculin, or a written report of an

                    intradermal or blood test or x-ray made by a qualified person within

                    twelve (12) months before the date of the examination; and

             (4)    Any other laboratory work performed as part ofan occupational health

                    screening.

   2017.4    ‘An intradermal tuberculin test and any subsequent tests performed as part of an

             occupational health screening shall be performed in accordance with section

             2017.5.

   2017.5    Preventative measures, screening, testing, and frequency of screening and testing

             for tuberculosis performed as part of an occupational health screening shall be in

             accordance with standards and guidelines of the Centers for Disease Control and

             Prevention (CDC).

   2017.6    A report, signed by an examining physician or other qualified health professional,

             shall be made of each occupational health screening.

   2017.7,   The report ofeach occupational health screening shall be kept

                                                                        on file in the hospital,

             stored separately from the employee’s personnel file, and shall be open to

             inspection by the Department.

   2017.8    In licuofthe intradermal tuberculin test required by this subsection, the examining

             physician may accept a written report of the test or x-ray made by a qualified person

             within twelve (12) months prior to the dateofthe examination.

   2017.9    Each person who is involved in direct patient care and who has been absent from

             duty becauseofan illness required to be reported to the Department shall, prior to

             returning to duty, obtain certification from a physician or other qualified health

             professional, as provided for in the hospital’s policies, that they may return to duty

             without apparent danger of transmitting the causeofthe illness to any patient.

                                           003126

DISTRICT OF COLUMBIA REGISTER                   VOL. 70 - NO. 10                    MARCH 10, 2023

   2017.10       ‘A copy of each certification required by § 2017.9 shall be kept on file, stored

                  separately from the employee's personnel file, and made available for examination

                  by the Department.

   2017.11        Hospital work shall be deemed to be an occupation the duties of which are such

                  that the activityofeach individual performing the work is likely to be dangerous to

                  the lives or healthofother persons, within the meaningof § 213 of chapter 2ofthis

                  title relating to the reporting and control of communicable diseases.

   2017.12        Immunization against communicable disease shall be requiredofall employees and

                  all other persons who routinely come in contact with patients or patient areas.

                  Immunizations shall be in accordance with current standards and guidelines

                  developed by the CDC.

   All persons desiring to comment on the subject matter of this proposed rulemaking shall submit

   written comments, not later than thirty (30) days after the date of publication of this notice in the

   District of Columbia Register, to Phillip Husband, General Counsel, Department of Health, Office

  ofthe General Counsel, 899 North Capitol Street, N.         th Floor, Washington, D.C. 20002 or by

   email to Angli.Black@dc.gov. Copies of the proposed rules may be obtained between the hours

   of 8:00 a.m. and 4:00 p.m. at the address listed above, or by contacting Angli Black, Paralegal

   Specialist, at Angli.Black@de.gov or (202) 442-5977.

                                                 003127

                    GOVERNMENT OF THE DISTRICT OF COLUMBIA

                          OFFICE OF THE ATTORNEY GENERAL

LEGAL COUNSEL DIVISION

MEMORANDUM

TO:             Beverly Perry

                Interim Director

                Office of Policy and Legislative Affairs

FROM:           Megan D. Browder

                Deputy Attorney General

                Legal Counsel Division

DATE:           November 28, 2022

SUBJECT:        Legal Sufficiency Review of Council Approval Resolution for Proposed

                Rulemaking Amending Chapter 20 (Hospitals) of Title 22 (Health), Subtitle

                B (Public Health and Medicine) of the District of Columbia Municipal

                Regulations

                (AR-22-527)

This is to Certify that this Office has reviewed the above-referenced

proposed legislation and has found it to be legally sufficient. If you have questions

regarding this certification, please do not hesitate to contact me at (202) 724-5524.

_____________________________

       Megan D. Browder

_____________________________________________________________________________

1350 Pennsylvania Avenue, NW, Suite 409, Washington, DC 20004 ● Tel: (202) 724-5565 Email: megan.browder@dc.gov