TITLE 22. SOCIAL SERVICES
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 22VAC40-73. Standards for Licensed Assisted Living Facilities (amending 22VAC40-73-140).
Statutory Authority: §§ 63.2-217 and 63.2-1721 of the Code of Virginia.
Effective Date: November 6, 2024.
Agency Contact: Sharon Lindsay, Associate Director, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 972-0676, FAX (804) 726-7132, or email sharon.lindsay@dss.virginia.gov.
Summary:
Pursuant to Chapter 390 of the 2024 Acts of Assembly, the amendments add assisted living facilities to the list of eligible health care employers for which a health care practitioner licensed, certified, or registered in another state or the District of Columbia may temporarily practice for one 90-day period, provided that the practitioner is contracted by or has received an offer of employment in the Commonwealth from the health care employer and when certain other conditions are met.
22VAC40-73-140. Administrator qualifications.
A. The administrator shall be at least 21 years of age.
B. The administrator shall be able to read and write, and understand this chapter.
C. The administrator shall be able to perform the duties and carry out the responsibilities required by this chapter.
D. For a facility licensed only for residential living care that does not employ an administrator licensed by the Virginia Board of Long-Term Care Administrators, the administrator shall:
1. Be a high school graduate or shall have a General Education Development (GED) Certificate;
2. (i) Have successfully completed at least 30 credit hours of postsecondary education from a college or university accredited by an association recognized by the U.S. Secretary of Education and at least 15 of the 30 credit hours shall be in business or human services or a combination thereof; (ii) have successfully completed a course of study approved by the department that is specific to the administration of an assisted living facility; (iii) have a bachelor's degree from a college or university accredited by an association recognized by the U.S. Secretary of Education; or (iv) be a licensed nurse; and
3. Have at least one year of administrative or supervisory experience in caring for adults in a residential group care facility.
The requirements of this subsection shall not apply to an administrator of an assisted living facility employed prior to February 1, 2018, who met the requirements in effect when employed and who has been continuously employed as an assisted living facility administrator.
E. For a facility licensed for both residential and assisted living care, the administrator shall be licensed:
1. Licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators pursuant to Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1 of the Code of Virginia; or
2. Authorized to temporarily practice pursuant to § 54.1-2408.4 of the Code of Virginia.
VA.R. Doc. No. R25-7918; Filed September 06, 2024