Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part I - Introduction › Section 22VAC40-90-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
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 same from employment at a licensed assisted living
					 facility or adult day center and that automatically bar licensure of applicants
					 convicted of same from assisted living facility licensure. These crimes, as
					 specified by §
										19.2-392.02 of the Code of
					 Virginia, are a felony violation of §
										16.1-253.2; any violation of
					 § 18.2-3118.2-32,
					 18.2-32.1,
					 18.2-32.2,
					 18.2-33,
					 18.2-35,
					 18.2-36,
					 18.2-36.1,
					 18.2-36.2,
					 18.2-41, or
					 18.2-42; any felony violation of
					 §
										18.2-46.2,
					 18.2-46.3,
					 18.2-46.3:1, or
					 18.2-46.3:3; any violation of
					 §
										18.2-46.5,
					 18.2-46.6, or
					 18.2-46.7; any violation of
					 subsection A or B of §
										18.2-47; any violation of §
										18.2-48,
					 18.2-49, or
					 18.2-50.3; any violation of
					 §
										18.2-51,
					 18.2-51.1,
					 18.2-51.2,
					 18.2-51.3,
					 18.2-51.4,
					 18.2-51.5,
					 18.2-51.6,
					 18.2-52,
					 18.2-52.1,
					 18.2-53,
					 18.2-53.1,
					 18.2-54.1,
					 18.2-54.2,
					 18.2-55,
					 18.2-55.1,
					 18.2-56,
					 18.2-56.1,
					 18.2-56.2,
					 18.2-57,
					 18.2-57.01,
					 18.2-57.02,
					 18.2-57.2,
					 18.2-58,
					 18.2-58.1,
					 18.2-59,
					 18.2-60, or
					 18.2-60.1; any felony violation
					 of §
										18.2-60.3 or
					 18.2-60.4; any violation of
					 §
										18.2-61,
					 18.2-63,
					 18.2-64.1,
					 18.2-64.2,
					 18.2-67.1,
					 18.2-67.2,
					 18.2-67.3,
					 18.2-67.4,
					 18.2-67.4:1,
					 18.2-67.4:2,
					 18.2-67.5,
					 18.2-67.5:1,
					 18.2-67.5:2,
					 18.2-67.5:3,
					 18.2-77,
					 18.2-79,
					 18.2-80,
					 18.2-81,
					 18.2-82,
					 18.2-83,
					 18.2-84,
					 18.2-85,
					 18.2-86,
					 18.2-87,
					 18.2-87.1, or
					 18.2-88; any felony violation of
					 §
										18.2-279,
					 18.2-280,
					 18.2-281,
					 18.2-282,
					 18.2-282.1,
					 18.2-286.1, or
					 18.2-287.2; any violation of
					 §
										18.2-289,
					 18.2-290,
					 18.2-300,
					 18.2-308.4, or
					 18.2-314; any felony violation
					 of §
										18.2-346; any violation of
					 §
										18.2-355,
					 18.2-356,
					 18.2-357, or
					 18.2-357.1; any violation of
					 subsection B of §
										18.2-361; any violation of
					 §
										18.2-366,
					 18.2-369,
					 18.2-370,
					 18.2-370.1,
					 18.2-370.2,
					 18.2-370.3,
					 18.2-370.4,
					 18.2-370.5,
					 18.2-370.6,
					 18.2-371.1,
					 18.2-374.1,
					 18.2-374.1:1,
					 18.2-374.3,
					 18.2-374.4,
					 18.2-379,
					 18.2-386.1, or
					 18.2-386.2; any felony violation
					 of §
										18.2-405 or
					 18.2-406; any violation of
					 §
										18.2-408,
					 18.2-413,
					 18.2-414,
					 18.2-423,
					 18.2-423.01,
					 18.2-423.1,
					 18.2-423.2,
					 18.2-433.2,
					 18.2-472.1,
					 18.2-474.1,
					 18.2-477,
					 18.2-477.1,
					 18.2-477.2,
					 18.2-478,
					 18.2-479,
					 18.2-480,
					 18.2-481,
					 18.2-484,
					 18.2-485,
					 37.2-917, or
					 53.1-203; or any substantially
					 similar offense under the laws of another jurisdiction. 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 of Virginia. 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 of Virginia. This is required as specified in §§
										63.2-1720 and
					 63.2-1721 of the Code of
					 Virginia.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.