(a) No person 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 persons 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 person 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 person’s habilitation plan and supervised by a qualified intellectual disability professional designated by the Director.
(c) A person 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; May 5, 2018, D.C. Law 22-93, § 201(c)(40), 65 DCR 2823.)
1981 Ed., § 6-1971.
1973 Ed., § 6-1691.
The 2012 amendment by D.C. Law 19-169 substituted “individual” for “customer” or variants throughout the section; and substituted “qualified developmental disability professional” for “qualified mental retardation professional” in (b).
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).
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).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 13 - Citizens with Intellectual Disabilities
Subchapter V - Rights of Persons with Intellectual Disabilities
§ 7–1305.01. Habilitation and care; habilitation program
§ 7–1305.02. Living conditions; teaching of skills
§ 7–1305.03. Least restrictive conditions
§ 7–1305.04. Comprehensive evaluation and individual habilitation plan
§ 7–1305.06. Prohibited psychological therapies
§ 7–1305.06a. Informed consent
§ 7–1305.06b. Review panel for administration of psychotropic medications
§ 7–1305.06c. Psychotropic medication review
§ 7–1305.07. Essential surgery in medical emergency. [Repealed]
§ 7–1305.07a. Health-care decisions policy, annual plan, and quarterly reports
§ 7–1305.09. Experimental research
§ 7–1305.11. Performance of labor
§ 7–1305.15. Coordination of services for dually diagnosed individuals