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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 90. Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers
10/31/2025

22VAC40-90-40. General requirements.

A. The applicant for licensure shall submit a criminal history record report upon application for licensure as an assisted living facility.

B. The criminal history record report shall be obtained within 30 days of employment for each employee.

C. Any person required by this chapter to obtain a criminal history record report shall be ineligible for employment if the report contains convictions of the barrier crimes.

D. If a criminal history record is requested, it shall be the responsibility of the licensee to ensure that the employee has not been convicted of any of the barrier crimes.

E. Criminal history record reports shall be kept confidential in a locked file. Reports on employees shall be received and accessible only by the facility administrator, licensee, board president, or their designee.

F. A criminal history record report issued by the State Police shall not be accepted by the facility if the report is dated more than 90 days prior to the date of employment.

G. Any applicant denied licensure as an assisted living facility or employment at an assisted living facility or adult day center because of convictions appearing on the applicant's criminal history record report shall be provided a copy of the report by the licensing authority or the hiring facility.

H. No facility shall continue to employ any person who has a conviction of any of the barrier crimes.

I. No employee shall be permitted to work in a position that involves direct contact with an assisted living resident or an adult day center participant until a criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this chapter.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-37-01 § 3.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 33, Issue 2, eff. October 19, 2016; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.

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