Administrative Code

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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 Care Centers

22VAC40-90-60. Maintenance of criminal history record reports.

A. The original report shall be maintained at the facility where the person is employed.

B. Criminal history record reports conforming to the requirements for all employed staff shall be maintained in the files of the facility during the time the individual is employed and for one year after termination of work.

EXCEPTION: See 22VAC40-90-50 D 1.

C. Criminal history record reports shall be made available by the facility to the licensing representative.

D. When an employee is rotated among several facilities owned or operated by the same entity, the original criminal history record report shall be maintained at the primary place of work or designated facility location. A copy of the criminal history record report shall be on file at the facility where the employee is actively working which has a notation of where the original report is filed.

E. Criminal history record reports shall be maintained in locked files accessible only to the licensee, administrator, board president, or their designee.

F. Further dissemination of the criminal history record report information is prohibited other than to the commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

Statutory Authority

§§ 63.2-1702, 63.2-1720 and 63.2-1721 of the Code of Virginia.

Historical Notes

Derived from VR615-37-01 § 3.3, eff. July 1, 1989; amended, Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 21, Issue 18, eff. July 1, 2005.

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