Part III. The Criminal History Record Report
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.
22VAC40-90-50. Validity of criminal history record reports.
A. Facility staff shall accept only the original criminal history record report.
B. Facilities using temporary agencies for the provision of substitute staff shall maintain documentation for each substitute staff from the temporary agency verifying that the criminal history record report has been obtained within 30 days of employment, is on file at the temporary agency, and contains no barrier crimes. This documentation shall have the same maintenance and retention requirements of a criminal history record report.
C. A criminal history record report remains valid as long as the employee remains in continuous service at the same facility.
D. When an individual terminates employment at one facility and begins work at another facility, a new criminal history record report and sworn statement or affirmation shall be required.
E. When an employee transfers to a facility owned and operated by the same entity, with a lapse in service of not more than 30 days, a new criminal history record report shall not be required.
Statutory Authority
§§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes
Derived from VR615-37-01 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 41, Issue 22, eff. August 15, 2025.
22VAC40-90-60. Maintenance of criminal history record reports.
A. 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.
B. Criminal history record reports shall be made available by the facility to the licensing representative.
C. Further dissemination of the criminal history record report information is prohibited other than to a representative of the Commissioner of the Department of Social Services or to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. A licensed adult day center that provides services to individuals receiving services under the state plan for medical assistance or any waiver thereto may disclose to the Department of Medical Assistance Services whether a criminal history background check has been completed for an employee and whether such employee is eligible for employment.
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; Volume 41, Issue 22, eff. August 15, 2025.
22VAC40-90-70. Issuance of a license.
The commissioner shall not issue a license to an assisted living facility if an applicant for licensure required to have a background check has been convicted of a barrier crime as defined in this chapter.
Statutory Authority
§§ 63.2-217, 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 21, Issue 18, eff. July 1, 2005; amended, Virginia Register Volume 34, Issue 2, eff. October 19, 2017.