Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 100. Minimum Standards for Licensed Child Caring Institutions
3/29/2020

22VAC40-100-80. General Requirements.

Part III
Personnel or Staff

A. No institution shall hire personnel whose health, education achievements, emotional or psychological makeup impairs his ability to properly protect the health and safety of the children or is such that it would endanger the physical or psychological well-being of the children.

B. Each employee shall be qualified by age, health, education, and training and experience for the position he is to fill and shall have in addition qualities of character and temperament suitable for working with children.

C. Health information shall be maintained for the licensee or administrator for all staff members who come in contact with children or handle food:

1. Initial tuberculosis examination and report.

a. Within 30 days of employment or contact with children, each staff member shall obtain an evaluation indicating the absence of tuberculosis in a communicable form.

b. Each staff member shall submit a statement that he/she is free of tuberculosis in a communicable form, including the type or types of test or tests used and the result or results.

c. The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

d. This statement shall be filed in the staff member's record.

2. Subsequent evaluations:

a. A staff member who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis must obtain chest x-rays on an annual basis for the following two years.

(1) The staff member shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form.

(2) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

(3) The statements shall be filed in the staff member's record.

(4) Screening beyond two years is not required unless there is known contact with a case of tuberculosis or development of chronic respiratory symptoms.

b. Additional screening is not required for a staff member who had a nonsignificant (negative) reaction to an initial tuberculin skin test.

c. Any staff member who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days of exposure/development, receive an evaluation in accord with subdivision C 1 of this section.

D. At the request of the licensee or administrator of the facility or the Department of Social Services, a report of examination by a licensed physician shall be obtained when there are indications that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.

E. Any individual who, upon examination or as a result of tests, shows indication of a physical or mental condition which may jeopardize the safety of children in care or which would prevent performance of duties:

1. Shall immediately be removed from contact with children and food served to children; and

2. Shall not be allowed contact with children or food served to children until the condition is cleared to the satisfaction of the examining physician as evidenced by a signed statement from the physician.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §IIIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.