TITLE 22. 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 State Board of Social Services will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 22VAC40-90. Regulation for
Background Checks for Assisted Living Facilities and Adult Day Care Centers (amending 22VAC40-90-40).
Statutory Authority: § 63.2-217 of the Code of
Virginia.
Effective Date: October 19, 2016.
Agency Contact: Judith McGreal, Department of Social
Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7157,
FAX (804) 726-7132, or email judith.mcgreal@dss.virginia.gov.
Summary:
Pursuant to Chapter 632 of the 2016 Acts of Assembly, the
amendment adds a requirement that no assisted living facility or adult day care
center shall continue to employ any person who has a conviction of any barrier
crime. Currently a facility is prohibited from hiring an individual who has
been convicted of a barrier crime.
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 on or
prior to the 30th day 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. Reports on employees shall only be received 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 care center
because of convictions appearing on his criminal history record report shall be
provided a copy of the report by the licensing authority or the hiring
facility.
H. A facility shall not continue to employ any person who
has a conviction of any of the barrier crimes.
VA.R. Doc. No. R17-4735; Filed August 18, 2016, 10:48 a.m.