reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VIII - Buildings and Grounds › Section 22VAC40-73-930 - Provisions for signaling and call systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. All assisted living facilities shall have
				  a signaling device that is easily accessible to the resident in his bedroom or
				  in a connecting bathroom that alerts the direct care staff that the resident
				  needs assistance.
B. In buildings
				  licensed to care for 20 or more residents under one roof, there shall be a
				  signaling device that terminates at a central location that is continuously
				  staffed and permits staff to determine the origin of the signal or is audible
				  and visible in a manner that permits staff to determine the origin of the
				  signal.
C. In buildings licensed to
				  care for 19 or fewer residents under one roof, if the signaling device does not
				  permit staff to determine the origin of the signal as specified in subsection B
				  of this section, direct care staff shall make rounds at least once each hour to
				  monitor for emergencies or other unanticipated resident needs. These rounds
				  shall begin when the majority of the residents have gone to bed each evening
				  and shall terminate when the majority of the residents have arisen each
				  morning, and shall be documented as follows:
1. A written log shall be maintained showing
				  the date and time rounds were made and the signature of the direct care staff
				  member who made rounds.
2. Logs for
				  the past two years shall be retained.
Exception: Rounds may be made on a different frequency if
					 requested by the resident and agreed to by the facility. Any agreement for a
					 different frequency must be in writing, specify the frequency, be signed and
					 dated by the resident and the facility, and be retained in the resident's
					 record. The written log required in subdivision 1 of the subsection shall
					 indicated the name of such resident. If there is a change in the resident's
					 condition or care needs, the agreement shall be reviewed and if necessary, the
					 frequency of rounds shall be adjusted. If an adjustment is made, the former
					 agreement shall be replaced with a new agreement or with compliance with the
					 frequency specified in this subsection.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VIII - Buildings and Grounds › Section 22VAC40-73-940 - Fire safety: compliance with state regulations and local fire ordinances

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  assisted living facility shall comply with the Virginia Statewide Fire
				  Prevention Code (13VAC5-51) as determined by at least an annual inspection by
				  the appropriate fire official. Reports of the inspections shall be retained at
				  the facility for at least two years.
B. An assisted living facility shall comply
				  with any local fire ordinance.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IX - Emergency Preparedness › Section 22VAC40-73-950 - Emergency preparedness and response plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility shall develop a written
				  emergency preparedness and response plan that shall address:
1. Documentation of initial and annual
				  contact with the local emergency coordinator to determine (i) local disaster
				  risks, (ii) communitywide plans to address different disasters and emergency
				  situations, and (iii) assistance, if any, that the local emergency management
				  office will provide to the facility in an emergency.
2. Analysis of the facility's potential
				  hazards, including severe weather, biohazard events, fire, loss of utilities,
				  flooding, work place violence or terrorism, severe injuries, or other
				  emergencies that would disrupt normal operation of the facility.
3. Written emergency management policies and
				  procedures for provision of:
a.
				  Administrative direction and management of response activities;
b. Coordination of logistics during the
				  emergency;
c.
				  Communications;
d. Life safety of
				  residents, staff, volunteers, and visitors;
e. Property protection;
f. Continued services to residents;
g. Community resource accessibility;
				  and
h. Recovery and
				  restoration.
4. Written
				  emergency response procedures for assessing the situation; protecting
				  residents, staff, volunteers, visitors, equipment, medications, and vital
				  records; and restoring services. Emergency procedures shall address:
a. Alerting emergency personnel and facility
				  staff;
b. Warning and notification
				  of residents, including sounding of alarms when appropriate;
c. Providing emergency access to secure areas
				  and opening locked doors;
d.
				  Conducting evacuations and sheltering in place, as appropriate, and accounting
				  for all residents;
e. Locating and
				  shutting off utilities when necessary;
f. Maintaining and operating emergency
				  equipment effectively and safely;
g.
				  Communicating with staff and community emergency responders during the
				  emergency; and
h. Conducting
				  relocations to emergency shelters or alternative sites when necessary and
				  accounting for all residents.
5. Supporting documents that would be needed
				  in an emergency, including emergency call lists, building and site maps
				  necessary to shut off utilities, memoranda of understanding with relocation
				  sites, and list of major resources such as suppliers of emergency
				  equipment.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IX - Emergency Preparedness › Section 22VAC40-73-960 - Fire and emergency evacuation plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. Assisted living facilities shall have a
				  written plan for fire and emergency evacuation that is to be followed in the
				  event of a fire or other emergency. The plan shall be approved by the
				  appropriate fire official.
B. A
				  fire and emergency evacuation drawing shall be posted in a conspicuous place on
				  each floor of each building used by residents. The drawing shall show primary
				  and secondary escape routes, areas of refuge, assembly areas, telephones, fire
				  alarm boxes, and fire extinguishers, as appropriate.
C. The telephone numbers for the fire
				  department, rescue squad or ambulance, police, and Poison Control Center shall
				  be posted by each telephone shown on the fire and emergency evacuation
				  plan.
D. In assisted living
				  facilities where all outgoing telephone calls must be placed through a central
				  switchboard located on the premises, the information required in subsection C
				  of this section may be posted by the switchboard rather than by each telephone,
				  provided this switchboard is staffed 24 hours each day.
E. Staff and volunteers shall be fully
				  informed of the approved fire and emergency evacuation plan, including their
				  duties, and the location and operation of fire extinguishers, fire alarm boxes,
				  and any other available emergency equipment.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IX - Emergency Preparedness › Section 22VAC40-73-970 - Fire and emergency evacuation drills

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fire and emergency evacuation drill
				  frequency and participation shall be in accordance with the current edition of
				  the Virginia Statewide Fire Prevention Code (13VAC5-51). The drills required
				  for each shift in a quarter shall not be conducted in the same month.
B. Additional fire and emergency evacuation
				  drills may be held at the discretion of the administrator or licensing
				  inspector and must be held when there is any reason to question whether the
				  requirements of the approved fire and emergency evacuation plan can be
				  met.
C. Each required fire and
				  emergency evacuation drill shall be unannounced.
D. Immediately following each required fire
				  and emergency evacuation drill, there shall be an evaluation of the drill by
				  the staff in order to determine the effectiveness of the drill. The licensee or
				  administrator shall immediately correct any problems identified in the
				  evaluation and document the corrective action taken,
E. A record of the required fire and
				  emergency evacuation drills shall be kept in the facility for two years. Such
				  record shall include:
1. Identity of the
				  person conducting the drill;
2. The
				  date and time of the drill;
3. The
				  method used for notification of the drill;
4. The number of staff
				  participating;
5. The number of
				  residents participating;
6. Any
				  special conditions simulated;
7. The
				  time it took to complete the drill;
8. Weather conditions; and
9. Problems encountered, if
				  any.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IX - Emergency Preparedness › Section 22VAC40-73-980 - Emergency equipment and supplies

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complete first aid kit shall be on hand
				  in each building at the facility, located in a designated place that is easily
				  accessible to staff but not to residents. Items with expiration dates must not
				  have dates that have already passed. The kit shall include the following items:
1. Adhesive tape;
2. Antiseptic wipes or ointment;
3. Band-aids, in assorted sizes;
4. Blankets, either disposable or
				  other;
5. Disposable single-use
				  breathing barriers or shields for use with rescue breathing or CPR (e.g., CPR
				  mask or other type);
6. Cold
				  pack;
7. Disposable single-use
				  waterproof gloves;
8. Gauze pads and
				  roller gauze, in assorted sizes;
9.
				  Hand cleaner (e.g., waterless hand sanitizer or antiseptic
				  towelettes);
10. Plastic
				  bags;
11. Scissors;
12. Small flashlight and extra
				  batteries;
13.
				  Thermometer;
14. Triangular
				  bandages;
15. Tweezers;
				  and
16. The first aid instructional
				  manual.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IX - Emergency Preparedness › Section 22VAC40-73-990 - Plan for resident emergencies and practice exercise

Current through Register Vol. 40, No. 24, July 15, 2024
A. Assisted living facilities shall have a
				  written plan for resident emergencies that includes:
1. Procedures for handling medical
				  emergencies, including identifying the staff person responsible for (i) calling
				  the rescue squad, ambulance service, resident's physician, or Poison Control
				  Center; and (ii) providing first aid and CPR, when indicated.
2. Procedures for handling mental health
				  emergencies such as, but not limited to, catastrophic reaction or the need for
				  a temporary detention order.
3.
				  Procedures for making pertinent medical information and history available to
				  the rescue squad and hospital, including a copy of the current medication
				  administration record and advance directives.
4. Procedures to be followed in the event
				  that a resident is missing, including (i) involvement of facility staff,
				  appropriate law-enforcement agency, and others as needed; (ii) areas to be
				  searched; (iii) expectations upon locating the resident; and (iv) documentation
				  of the event.
5. Procedures for
				  notifying the resident's family, legal representative, designated contact
				  person, and any responsible social agency.
6. Procedures for notifying the regional
				  licensing office as specified in
				  22VAC40-73-70.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 1 - Subjectivity › Section 22VAC40-73-1000 - Subjectivity

Current through Register Vol. 40, No. 24, July 15, 2024
All facilities that care for residents with serious
						cognitive impairments due to a primary psychiatric diagnosis of dementia who
						cannot recognize danger or protect their own safety and welfare shall be
						subject to either Article 2 (22VAC40-73-1010 et
						seq.) or Article 3 (22VAC40-73-1080 et seq.) of this
						part. All facilities that care for residents with serious cognitive impairments
						due to any other diagnosis who cannot recognize danger or protect their own
						safety and welfare shall be subject to Article 2 of this part.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1010 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements in this article apply when there is a
						mixed population consisting of any combination of (i) residents who have
						serious cognitive impairments due to a primary psychiatric diagnosis of
						dementia who are unable to recognize danger or protect their own safety and
						welfare and who are not in a special care unit as provided for in Article 3
						(22VAC40-73-1080 et seq.) of this
						part; (ii) residents who have serious cognitive impairments due to any other
						diagnosis who cannot recognize danger or protect their own safety and welfare;
						and (iii) other residents. The requirements in this article also apply when all
						the residents have serious cognitive impairments due to any diagnosis other
						than a primary psychiatric diagnosis of dementia and cannot recognize danger or
						protect their own safety and welfare. Except for special care units covered by
						Article 3 of this part, these requirements apply to the entire facility unless
						specified otherwise.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1020 - Staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. When residents
					 are present, there shall be at least two direct care staff members awake and on
					 duty at all times in each building who shall be responsible for the care and
					 supervision of the residents.
B.
					 The requirements of subsection A of this section do not apply to assisted
					 living facilities that are licensed for 10 or fewer residents if not more than
					 three of the residents have serious cognitive impairments. The staffing
					 provisions of
					 22VAC40-73-280 D apply.
C. During trips away from the facility, there
					 shall be sufficient direct care staff to provide sight and sound supervision to
					 all residents who cannot recognize danger or protect their own safety and
					 welfare.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1030 - Staff training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within
					 three months of the starting date of employment, the administrator shall attend
					 12 hours of training in working with individuals who have a cognitive
					 impairment, and the training shall meet the requirements of subsection C of
					 this section.
1. Training in cognitive
					 impairment that meets the requirements of subsection C of this section and was
					 completed in the year prior to employment is transferable and counts toward the
					 required 12 hours if there is documentation of the training.
2. Whether the training counts toward
					 continuing education for administrator licensure and for what period of time
					 depends upon the licensure requirements of the Virginia Board of Long-Term Care
					 Administrators.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1040 - Doors and windows

Current through Register Vol. 40, No. 24, July 15, 2024
A. Doors
					 leading to the outside shall have a system of security monitoring of residents
					 with serious cognitive impairments, such as door alarms, cameras, constant
					 staff oversight, security bracelets that are part of an alarm system, or
					 delayed egress mechanisms. Residents with serious cognitive impairments may be
					 limited but not prohibited from exiting the facility or any part thereof.
					 Before limiting any resident from freely leaving the facility, the resident's
					 record shall reflect the behavioral observations or other bases for determining
					 that the resident has a serious cognitive impairment and cannot recognize
					 danger or protect his own safety and welfare.
B. There shall be protective devices on the
					 bedroom and the bathroom windows of residents with serious cognitive
					 impairments and on windows in common areas accessible to these residents to
					 prevent the windows from being opened wide enough for a resident to crawl
					 through. The protective devices on the windows shall be in conformance with the
					 Virginia Uniform Statewide Building Code (13VAC5-63).
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1050 - Outdoor access

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility
					 shall have a secured outdoor area for the residents' use or provide direct care
					 staff supervision while residents with serious cognitive impairments are
					 outside.
B. Weather permitting,
					 residents with serious cognitive impairments shall be reminded of the
					 opportunity to be outdoors on a daily basis.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1060 - Indoor walking area

Current through Register Vol. 40, No. 24, July 15, 2024
The facility shall provide to residents free access to an
						indoor walking corridor or other indoor area that may be used for
						walking.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 2 - Mixed Population › Section 22VAC40-73-1070 - Environmental precautions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Special
					 environmental precautions shall be taken by the facility to eliminate hazards
					 to the safety and well being of residents with serious cognitive impairments.
					 Examples of environmental precautions include signs, carpet patterns and arrows
					 that point the way, and reduction of background noise.
B. When there are indications that ordinary
					 materials or objects may be harmful to a resident with a serious cognitive
					 impairment, these materials or objects shall be inaccessible to the resident
					 except under staff supervision.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1080 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to be
					 admitted or retained in a safe, secure environment as defined in
					 22VAC40-73-10, except as provided
					 in subsection B of this section, a resident must have a serious cognitive
					 impairment due to a primary psychiatric diagnosis of dementia and be unable to
					 recognize danger or protect his own safety and welfare. The requirements in
					 this article apply when such residents reside in a safe, secure environment.
					 These requirements apply only to the safe, secure environment.
B. A resident's spouse, parent, adult
					 sibling, or adult child who otherwise would not meet the criteria to reside in
					 a safe, secure environment may reside in the special care unit if the spouse,
					 parent, sibling, or child so requests in writing, the facility agrees in
					 writing, and the resident, if capable of making the decision, agrees in
					 writing. The written request and agreements must be maintained in the
					 resident's file. The spouse, parent, sibling, or child is considered a resident
					 of the facility and as such this chapter applies. The requirements of this
					 article do not apply for the spouse, parent, adult sibling, or adult child
					 because the individual does not have a serious cognitive impairment due to a
					 primary psychiatric diagnosis of dementia with an inability to recognize danger
					 or protect his own safety and welfare.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1090 - Assessment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to his
					 admission to a safe, secure environment, the resident shall have been assessed
					 by an independent clinical psychologist licensed to practice in the
					 Commonwealth or by an independent physician as having a serious cognitive
					 impairment due to a primary psychiatric diagnosis of dementia with an inability
					 to recognize danger or protect his own safety and welfare. The physician shall
					 be board certified or board eligible in a specialty or subspecialty relevant to
					 the diagnosis and treatment of serious cognitive impairments (e.g., family
					 practice, geriatrics, internal medicine, neurology, neurosurgery, or
					 psychiatry). The assessment shall be in writing and shall include the following
					 areas:
1. Cognitive functions (e.g.,
					 orientation, comprehension, problem-solving, attention and concentration,
					 memory, intelligence, abstract reasoning, judgment, and insight);
2. Thought and perception (e.g., process and
					 content);
3. Mood/affect;
4. Behavior/psychomotor;
5. Speech/language; and
6. Appearance.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1100 - Approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to placing
					 a resident with a serious cognitive impairment due to a primary psychiatric
					 diagnosis of dementia in a safe, secure environment, the facility shall obtain
					 the written approval of one of the following persons, in the following order of
					 priority:
1. The resident, if capable of
					 making an informed decision;
2. A
					 guardian or other legal representative for the resident if one has been
					 appointed;
3. A relative who is
					 willing and able to take responsibility to act as the resident's
					 representative, in the following specified order:
(i) spouse,
(ii)  adult child,
(iii) parent,
(iv) adult sibling,
(v)
					 adult grandchild,
(vi) adult niece
					 or nephew,
(vii) aunt or uncle;
					 or
4. If the resident is
					 not capable of making an informed decision and a guardian, legal
					 representative, or relative is unavailable, an independent physician who is
					 skilled and knowledgeable in the diagnosis and treatment of
					 dementia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1110 - Appropriateness of placement and continued residence

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to admitting a resident with a
					 serious cognitive impairment due to a primary psychiatric diagnosis of dementia
					 to a safe, secure environment, the licensee, administrator, or designee shall
					 determine whether placement in the special care unit is appropriate. The
					 determination and justification for the decision shall be in writing and shall
					 be retained in the resident's file.
B. Six months after placement of the resident
					 in the safe, secure environment and annually thereafter, the licensee,
					 administrator, or designee shall perform a review of the appropriateness of
					 each resident's continued residence in the special care unit.
C. Whenever warranted by a change in a
					 resident's condition, the licensee, administrator, or designee shall also
					 perform a review of the appropriateness of continued residence in the
					 unit.
D. The reviews specified in
					 subsections B and C of this section shall be performed in consultation with the
					 following persons, as appropriate:
1. The
					 resident;
2. A responsible family
					 member;
3. A guardian or other
					 legal representative;
4. A
					 designated contact person;
5. Direct
					 care staff who provide care and supervision to the resident;
6. The resident's mental health
					 provider;
7. The licensed health
					 care professional required in
					 22VAC40-73-490;
8. The resident's physician; and
9. Any other professional involved with the
					 resident.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1120 - Activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to
					 the requirements of this section, all the requirements of
					 22VAC40-73-520 apply to safe,
					 secure environments, except for
					 22VAC40-73-520 C and E.
B. There shall be at least 21 hours of
					 scheduled activities available to the residents each week for no less than two
					 hours each day.
C. If appropriate to
					 meet the needs of the resident with a short attention span, there shall be
					 multiple short activities.
D. Staff
					 shall regularly encourage residents to participate in activities and provide
					 guidance and assistance, as needed.
E. As appropriate, residents shall be
					 encouraged to participate in supervised activities or programs outside the
					 special care unit.
F. There shall be
					 a designated staff person responsible for managing or coordinating the
					 structured activities program. This staff person shall be on site in the
					 special care unit at least 20 hours a week, shall maintain personal interaction
					 with the residents and familiarity with their needs and interests, and shall
					 meet at least one of the following qualifications:
1. Be a qualified therapeutic recreation
					 specialist or an activities professional;
2. Be eligible for certification as a
					 therapeutic recreation specialist or an activities professional by a recognized
					 accrediting body;
3. Have one year
					 full-time work experience within the last five years in an activities program
					 in an adult care setting;
4. Be a
					 qualified occupational therapist or an occupational therapy assistant;
					 or
5. Prior to or within six months
					 of employment, have successfully completed 40 hours of department-approved
					 training in adult group activities and in recognizing and assessing the
					 activity needs of residents.
The required 20 hours on site does not have to be devoted
						solely to managing or coordinating activities; neither is it required that the
						person responsible for managing or coordinating the activities program conduct
						the activities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1130 - Staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. When 20 or fewer
					 residents are present, at least two direct care staff members shall be awake
					 and on duty at all times in each special care unit who shall be responsible for
					 the care and supervision of the residents, except as noted in subsection B of
					 this section. For every additional 10 residents, or portion thereof, at least
					 one more direct care staff member shall be awake and on duty in the
					 unit.
B. Only one direct care staff
					 member has to be awake and on duty in the unit if sufficient to meet the needs
					 of the residents, if (i) there are no more than five residents present in the
					 unit and (ii) there are at least two other direct care staff members in the
					 building, one of whom is readily available to assist with emergencies in the
					 special care unit, provided that supervision necessary to ensure the health,
					 safety, and welfare of residents throughout the building is not compromised.
C. During night hours, the
					 following number of direct care staff members shall be awake and on duty at all
					 times in each special care unit and shall be responsible for the care and
					 supervision of the residents:
1. When 22 or
					 fewer residents are present, at least two direct care staff members;
2. When 23 to 32 residents are present, at
					 least three direct care staff members;
3. When 33 to 40 residents are present, at least four direct care
					 staff members; and
4. When more
					 than 40 residents are present, at least four direct care staff members plus at
					 least one more direct care staff member for every additional 10 residents, or
					 portion thereof. The requirements in subsections A, B, and C of this section
					 are independent of
					 22VAC40-73-280 D and
					 22VAC40-73-1020 A and
					 B.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1140 - Staff training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within
					 three months of the starting date of employment, the administrator shall attend
					 at least 12 hours of training in cognitive impairment that meets the
					 requirements of subsection C of this section.
1. Training in cognitive impairment that
					 meets the requirements of subsection C of this section and was completed in the
					 year prior to employment is transferable and counts toward the required 12
					 hours if there is documentation of the training.
2. Whether the training counts toward
					 continuing education for administrator licensure and for what period of time
					 depends upon the licensure requirements of the Virginia Board of Long-Term Care
					 Administrators.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1150 - Doors and windows

Current through Register Vol. 40, No. 24, July 15, 2024
A. Doors
					 that lead to unprotected areas shall be monitored or secured through devices
					 that conform to applicable building and fire codes, including door alarms,
					 cameras, constant staff oversight, security bracelets that are part of an alarm
					 system, pressure pads at doorways, delayed egress mechanisms, locking devices,
					 or perimeter fence gates. Residents who reside in safe, secure environments may
					 be prohibited from exiting the facility or the special care unit if applicable
					 building and fire codes are met.
B.
					 There shall be protective devices on the bedroom and bathroom windows of
					 residents and on windows in common areas accessible to residents to prevent the
					 windows from being opened wide enough for a resident to crawl through. The
					 protective devices on the windows shall be in conformance with the Virginia
					 Uniform Statewide Building Code (13VAC5-63).
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1160 - Outdoor access

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility
					 shall have a secured outdoor area for the residents' use or provide direct care
					 staff supervision while residents are outside.
B. Residents shall be given the opportunity
					 to be outdoors on a daily basis, weather permitting.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1170 - Indoor walking area

Current through Register Vol. 40, No. 24, July 15, 2024
The facility shall provide to residents free access to an
						indoor walking corridor or other indoor area that may be used for
						walking.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Article 3 - Safe, Secure Environment › Section 22VAC40-73-1180 - Environmental precautions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Special
					 environmental precautions shall be taken by the facility to eliminate hazards
					 to the safety and well-being of residents. Examples of environmental
					 precautions include signs, carpet patterns and arrows that point the way, high
					 visual contrast between floors and walls, and reduction of background
					 noise.
B. When there are
					 indications that ordinary materials or objects may be harmful to a resident,
					 these materials or objects shall be inaccessible to the resident except under
					 staff supervision.
C. Special
					 environmental enhancements, tailored to the population in care, shall be
					 provided by the facility to enable residents to maximize their independence and
					 to promote their dignity in comfortable surroundings. Examples of environmental
					 enhancements include memory boxes, activity centers, rocking chairs, and visual
					 contrast between plates and eating utensils and the table.
Statutory Authority: §§
													63.2-217,
						  63.2-1732,
						  63.2-1802,
						  63.2-1805,
						  and
						  63.2-1808
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part X - Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments › Form - FORMS (22VAC40-73)

Current through Register Vol. 40, No. 24, July 15, 2024
Assisted
					 Living Facilities Discharge Notice (eff. 8/2023)
Statutory Authority: §§ 63.2-217, 63.2-1732,
						63.2-1802, 63.2-1805, and 63.2-1808 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part I - Introduction › Section 22VAC40-80-20 - Preplanning

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licensing staff
				  are available throughout the application or licensing process to answer
				  questions and provide consultation and technical assistance (see
				  22VAC40-80-130 ).
B. In order to avoid costly errors,
				  applicants and prospective applicants are urged to present their building plans
				  to the department as early as possible and before entering into contracts in
				  order to assure that the building can be preapproved as meeting the
				  department's regulations (see
				  22VAC40-80-150 ).
C. The department will make an on-site
				  inspection of the proposed facility and services; investigate the character and
				  reputation of the licensee and, if required, staff and household members; and
				  upon receipt of the initial application will investigate the financial
				  responsibility of the applicant (see
				  22VAC40-80-160 ).
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733, and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part II - Licensing Regulations › Section 22VAC40-80-30 - Responsibility of the department

Current through Register Vol. 40, No. 24, July 15, 2024
Through the administration of the licensing program, the
					 Department of Social Services assumes responsibility to ensure that licensed
					 facilities and agencies provide children and adults with at least a minimum
					 level of care in accordance with regulations prescribed by the State Board of
					 Social Services. The department also has the responsibility to investigate
					 allegations of illegal operations and to initiate action to suppress illegal
					 operations. The Virginia Code requires the State Board of Social Services to
					 adopt regulations for the licensure of the following categories of facilities
					 and agencies:
1. Adult day-care
				  centers;
2. Assisted living
				  facilities;
3. Private child
				  placing agencies;
4. Child caring
				  institutions; and
5. Independent
				  foster homes.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part II - Licensing Regulations › Section 22VAC40-80-30 - Responsibility of the department

Current through Register Vol. 40, No. 24, July 15, 2024
Through the administration of the licensing program, the
					 Department of Social Services assumes responsibility to ensure that licensed
					 facilities and agencies provide children and adults with at least a minimum
					 level of care in accordance with regulations prescribed by the State Board of
					 Social Services. The department also has the responsibility to investigate
					 allegations of illegal operations and to initiate action to suppress illegal
					 operations. The Virginia Code requires the State Board of Social Services to
					 adopt regulations for the licensure of the following categories of facilities
					 and agencies:
1. Adult day
				  centers;
2. Assisted living
				  facilities;
3. Private child
				  placing agencies;
4. Child caring
				  institutions; and
5. Independent
				  foster homes.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part II - Licensing Regulations › Section 22VAC40-80-40 - Adoption of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The State Board of Social Services has adopted regulations
					 for each category listed above. The definition of each category and
					 requirements for licensure are contained in each regulation.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part II - Licensing Regulations › Section 22VAC40-80-50 - Regulation development or revision process

Current through Register Vol. 40, No. 24, July 15, 2024
A. In developing or revising regulations for
				  licensed facilities or agencies, the Department of Social Services, acting as
				  agent for the State Board of Social Services, adheres to the requirements of
				  the Administrative Process Act (§
										2.2-4000 et
				  seq. of the Code of Virginia) and the public participation process.
B. Input from licensees, associations of
				  licensees, experts in related fields, advocacy organizations, consumers, and
				  the general public is solicited in the development or revision of licensing
				  regulations through informal and formal comment periods and public
				  hearings.
C. Periodic reviews are
				  conducted and, when necessary, comprehensive revisions of each regulation to
				  assure that its standards continue to protect children and adults in
				  out-of-home care while considering the interests of both providers and
				  consumers of care.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-60 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  license to operate a facility or agency is issued to a specific person or
				  organization to provide out-of-home care to children or adults. An organization
				  may be a partnership, association, corporation, limited liability company, or
				  public entity.
B. Pursuant to
				  §
										63.2-1712 of
				  the Code of Virginia, any person, officer, or member of a governing board of
				  any association or corporation that operates an assisted living facility, adult
				  day care center, or child welfare agency shall be guilty of a Class 1
				  misdemeanor if he:
1. Interferes with any
				  representative of the commissioner in the discharge of his licensing
				  duties;
2. Makes to the
				  commissioner or any representative of the commissioner any report or statement
				  with respect to the operation of any assisted living facility, adult day care
				  center, or child welfare agency that is known by such person to be false or
				  untrue;
3. Operates or engages in
				  the conduct of these facilities without first obtaining a license as required
				  or after such license has been revoked, suspended, or has expired and not been
				  renewed; or
4. Operates or engages
				  in the conduct of one of these facilities serving more persons than the maximum
				  stipulated in the license.