Vol. 32 Iss. 8 - December 14, 2015

Chapter 61
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers, and adopting 22VAC40-61, Regulations for Licensed Adult Day Care Centers. The purpose of the proposed action is to repeal the existing regulation for licensed adult day care centers, 22VAC40-60, and adopt a new regulation, 22VAC40-61, to replace it. A comprehensive revision is needed to provide greater protection for adults in care, improve the organization of the regulation, increase clarity and consistency, incorporate changed practices and procedures, and eliminate unnecessarily burdensome or intrusive requirements. The revision will allow for changes based on improved practices, the latest research and improved technology, as well as meeting the increased needs of a population of elderly, infirm, or disabled persons that has become more vulnerable over the years. Current technology and medical practice have allowed individuals to stay in their own homes, or to live with family members longer, and as a result, there is an increased need for this level of care and socialization.

As part of this comprehensive review, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-1733 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Annette Kelley, Licensing Consultant, Department of Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone (804) 726-7632, FAX (804) 726-7132, or email

VA.R. Doc. No. R16-4545; Filed November 16, 2015, 12:05 p.m.