Part I. Introduction
22VAC40-90-10. Definitions.
The following words and terms when used in conjunction with this chapter shall have the following meanings:
"Applicant for licensure" means the entity applying for approval as a licensed assisted living facility. An applicant may be an individual, association, partnership, limited liability company, corporation, or public agency.
"Barrier crimes" means certain crimes that automatically bar individuals convicted of the crime from employment at a licensed assisted living facility or adult day center and that automatically bar licensure of applicants convicted of the crime from assisted living facility licensure, as specified by clause (i) of the definition of "barrier crime" in § 19.2-392.02 of the Code of Virginia and any former felony violation of § 18.2-346 of the Code of Virginia. A licensed assisted living facility or adult day center may hire an applicant or continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect, or any substantially similar offense under the laws of another jurisdiction, if five years have elapsed following the conviction.
"Central Criminal Records Exchange" means the information system containing conviction data of those crimes committed in Virginia, maintained by the Department of State Police, through which the criminal history record request form is processed.
"Criminal history record request" means the Department of State Police form used to authorize the State Police to generate a criminal history record report on an individual.
"Criminal history record report" means either the criminal record clearance or the criminal history record issued by the Central Criminal Records Exchange, Department of State Police. The criminal record clearance provides conviction data only related to barrier crimes; the criminal history record discloses all known conviction data.
"Employee" means compensated personnel working at a facility regardless of role, service, age, function, or duration of employment at the facility. Employee also includes those individuals hired through a contract to provide services for the facility.
"Facility" means an assisted living facility or adult day center subject to licensure by the Department of Social Services.
"Sworn statement or affirmation" means a document to be completed, signed, and submitted for licensure or employment. The document discloses the licensure applicant's or employment applicant's criminal convictions and pending criminal charges that occurred within or outside the Commonwealth. For applicants for licensure as an assisted living facility, the document also discloses whether the applicant has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, as required by §§ 63.2-1720 and 63.2-1721 of the Code of Virginia.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Historical Notes
Derived from VR615-37-01 § 1.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 19, Issue 22, eff. September 19, 2003; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 28, Issue 23, eff. August 15, 2012; Volume 34, Issue 2, eff. October 19, 2017; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.
22VAC40-90-20. Legal base and applicability.
A. Sections 63.2-1702 and 63.2-1721 of the Code of Virginia require all applicants for licensure as assisted living facilities to undergo background checks consisting of a sworn statement or affirmation and criminal history record check. If the applicant is an individual, the individual must undergo a background check. If the applicant is an association, partnership, limited liability company, corporation, or public agency, the officers and agents of the applicant must undergo background checks.
B. Section 63.2-1720 of the Code of Virginia requires all employees of assisted living facilities and adult day centers, as defined by § 63.2-100 of the Code of Virginia, to obtain a criminal history record report from the Department of State Police.
C. Section 63.2-1720 of the Code of Virginia requires all applicants for employment at assisted living facilities and adult day centers to provide the hiring facility with a sworn statement or affirmation.
D. No volunteer shall be permitted to serve in a licensed assisted living facility or licensed adult day center without the permission or under the supervision of a person who has received a clearance pursuant to § 63.2-1720 of the Code of Virginia.
E. Section 63.2-1720 of the Code of Virginia requires all students of a certified nurse aide program operated by an assisted living facility to be notified of and provided a copy of the provisions of Article 3 (§ 63.2-1719 et seq.) of Chapter 17 of Title 63.2 of the Code of Virginia prior to or upon enrollment in the program.
Statutory Authority
§§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes
Derived from VR615-37-01 § 1.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.