reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part I - General Provisions [REPEALED] › Section 22VAC40-71-10 to 22VAC40-71-45

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part II - Personnel and Staffing Requirements [REPEALED] › Section 22VAC40-71-50 to 22VAC40-71-140

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part III - Admission, Retention and Discharge of Residents [REPEALED] › Section 22VAC40-71-150 to 22VAC40-71-160

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part IV - Resident Accommodations, Care and Related Services [REPEALED] › Section 22VAC40-71-170 to 22VAC40-71-485

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part V - Building and Grounds [REPEALED] › Section 22VAC40-71-490 to 22VAC40-71-620

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 71 - STANDARDS AND REGULATIONS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Part VI - Additional Requirements for Facilities Licensed for Assisted Living Care [REPEALED] › Section 22VAC40-71-630 to 22VAC40-71-700

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 72 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES [REPEALED] › Section 22VAC40-72-191

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§§ 63.2-217 and 63.2-1732 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 I - General Provisions › Section 22VAC40-73-20 - Requirements of law and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Chapters 17 (§
										63.2-1700
				  et seq.) and 18 (§
										63.2-1800
				  et seq.) of Title 63.2 of the Code of Virginia include requirements of law
				  relating to licensure, including licensure of assisted living
				  facilities.
B. This chapter applies
				  to assisted living facilities as defined in §
										63.2-100 of the Code
				  of Virginia and in
				  22VAC40-73-10.
1. Each assisted living facility shall comply
				  with Parts I (22VAC40-73-10 et seq.) through IX
				  (22VAC40-73-950
				  et seq.) of this chapter.
2. An
				  assisted living facility that cares for adults with serious cognitive
				  impairments shall also comply with Part X (22VAC40-73-1000 et seq.) of this
				  chapter.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part I - General Provisions › Section 22VAC40-73-30 - Program of care

Current through Register Vol. 40, No. 24, July 15, 2024
There shall be a program of care that:
1. Meets the resident's physical, mental,
				  emotional, psychosocial, and spiritual needs;
2. Promotes the resident's highest level of
				  functioning;
3. Provides protection,
				  guidance, and supervision;
4.
				  Promotes a sense of security, self-worth, and independence; and
5. Promotes the resident's involvement with
				  appropriate programs and community resources based on the resident's needs and
				  interests .
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 II - Administration and Administrative Services › Section 22VAC40-73-40 - Licensee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  licensee shall ensure compliance with all regulations for licensed assisted
				  living facilities and terms of the license issued by the department; with
				  relevant federal, state, and local laws; with other relevant regulations; and
				  with the facility's own policies and procedures.
B. The licensee shall:
1. Give evidence of financial responsibility
				  and solvency.
2. Be of good
				  character and reputation in accordance with §
											63.2-1702
				  of the Code of Virginia. Character and reputation investigation includes
				  background checks as required by §
											63.2-1721
				  of the Code of Virginia.
3. Meet
				  the requirements specified in the Regulation for Background Checks for Assisted
				  Living Facilities and Adult Day Care Centers (22VAC40-90).
4. Act in accordance with General Procedures
				  and Information for Licensure (22VAC40-80).
5. Protect the physical and mental well-being
				  of residents.
6. Exercise general
				  supervision over the affairs of the licensed facility and establish policies
				  and procedures concerning its operation in conformance with applicable law,
				  this chapter, and the welfare of the residents.
7. Ensure that he, his agents, the facility
				  administrator, or facility staff or the relatives of any of these persons shall
				  not act as, seek to become, or become the conservator or guardian of any
				  resident unless specifically so appointed by a court of competent jurisdiction
				  pursuant to Article 1 (§
											64.2-2000 et seq.) of
				  Chapter 20 of Title 64.2 of the Code of Virginia.
8. Ensure that the current license is posted
				  in the facility in a place conspicuous to the residents and the
				  public.
9. Ensure that the facility
				  keeps and maintains at the facility records, reports, plans, schedules, and
				  other information as required by this chapter for licensed assisted living
				  facilities.
10. Ensure that any
				  document required by this chapter to be posted shall be in at least 12-point
				  type or equivalent size, unless otherwise specified.
11. Make certain that when it is time to
				  discard records, they are disposed of in a manner that ensures
				  confidentiality.
12. Ensure that at
				  all times the department's representative is afforded reasonable opportunity to
				  inspect all of the facility's buildings, books, and records and to interview
				  agents, employees, residents, and any person under its custody, control,
				  direction, or supervision as specified in §
											63.2-1706
				  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 II - Administration and Administrative Services › Section 22VAC40-73-40 - Licensee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  licensee shall ensure compliance with all regulations for licensed assisted
				  living facilities and terms of the license issued by the department; with
				  relevant federal, state, and local laws; with other relevant regulations; and
				  with the facility's own policies and procedures.
B. The licensee shall:
1. Give evidence of financial responsibility
				  and solvency.
2. Be of good
				  character and reputation in accordance with §
											63.2-1702 of the Code of
				  Virginia. Character and reputation investigation includes background checks as
				  required by §
											63.2-1721 of the Code of
				  Virginia.
3. Meet the requirements
				  specified in the Regulation for Background Checks for Assisted Living
				  Facilities and Adult Day Centers (22VAC40-90).
4. Act in accordance with General Procedures
				  and Information for Licensure (22VAC40-80).
5. Protect the physical and mental well-being
				  of residents.
6. Exercise general
				  supervision over the affairs of the licensed facility and establish policies
				  and procedures concerning its operation in conformance with applicable law,
				  this chapter, and the welfare of the residents.
7. Ensure that the licensee, the licensee's
				  agents, the facility administrator, or facility staff or the relatives of any
				  of these persons shall not act as, seek to become, or become the conservator or
				  guardian of any resident unless specifically so appointed by a court of
				  competent jurisdiction pursuant to Article 1 (§
											64.2-2000 et seq.) of Chapter 20
				  of Title 64.2 of the Code of Virginia.
8. Ensure that the current license is posted
				  in the facility in a place conspicuous to the residents and the
				  public.
9. Ensure that the facility
				  keeps and maintains at the facility records, reports, plans, schedules, and
				  other information as required by this chapter for licensed assisted living
				  facilities.
10. Ensure that any
				  document required by this chapter to be posted shall be in at least 12-point
				  type or equivalent size, unless otherwise specified.
11. Make certain that when it is time to
				  discard records, they are disposed of in a manner that ensures
				  confidentiality.
12. Ensure that at
				  all times the department's representative is afforded reasonable opportunity to
				  inspect all of the facility's buildings, books, and records and to interview
				  agents, employees, residents, and any person under its custody, control,
				  direction, or supervision as specified in §
											63.2-1706 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 II - Administration and Administrative Services › Section 22VAC40-73-45 - Minimum amount for liability insurance disclosure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The minimum amount of liability insurance
				  coverage to be maintained by an assisted living facility for purposes of
				  disclosure in the statement required by
				  22VAC40-73-50 and the
				  resident agreement required by
				  22VAC40-73-390
				  is as follows:
1. $500,000 per occurrence to
				  compensate residents or other individuals for injuries and losses from the
				  negligent acts of the facility; and
2. $500,000 aggregate to compensate residents
				  or other individuals for injuries and losses from the negligent acts of the
				  facility.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part II - Administration and Administrative Services › Section 22VAC40-73-60 - Electronic records and signatures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Use of electronic records or signatures
				  shall comply with the provisions of the Uniform Electronic Transactions Act
				  (§
										59.1-479 et seq. of the
				  Code of Virginia).
B. In addition to
				  the requirements of the Uniform Electronic Transactions Act, the use of
				  electronic signatures shall be deemed to constitute a signature and have the
				  same effect as a written signature on a document as long as the licensee:
1. Develops, implements, and maintains
				  specific policies and procedures for the use of electronic
				  signatures;
2. Ensures that each
				  electronic signature identifies the individual signing the document by name and
				  title;
3. Ensures that the document
				  cannot be altered after the signature has been affixed;
4. Ensures that access to the code or key
				  sequence is limited;
5. Ensures that
				  all users have signed statements that they alone have access to and use the key
				  or computer password for their signature and will not share their key or
				  password with others; and
6. Ensures
				  that strong and substantial evidence exists that would make it difficult for
				  the signer or the receiving party to claim the electronic representation is not
				  valid.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part II - Administration and Administrative Services › Section 22VAC40-73-70 - Incident reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each facility
				  shall report to the regional licensing office within 24 hours any major
				  incident that has negatively affected or that threatens the life, health,
				  safety, or welfare of any resident.
B. The report required in subsection A of
				  this section shall include (i) the name of the facility, (ii) the name or names
				  of the resident or residents involved in the incident, (iii) the name of the
				  person making the report, (iv) the date of the incident, (v) a description of
				  the incident, and (vi) the actions taken in response to the incident.
C. The facility shall submit a written report
				  of each incident specified in subsection A of this section to the regional
				  licensing office within seven days from the date of the incident. The report
				  shall be signed and dated by the administrator and include the following
				  information:
1. Name and address of the
				  facility;
2. Name of the resident or
				  residents involved in the incident;
3. Date and time of the incident;
4. Description of the incident, the
				  circumstances under which it happened, and, when applicable, extent of injury
				  or damage;
5. Location of the
				  incident;
6. Actions taken in
				  response to the incident;
7. Actions
				  to prevent recurrence of the incident, if applicable;
8. Name of staff person in charge at the time
				  of the incident;
9. Names, telephone
				  numbers, and addresses of witnesses to the incident, if any; and
10. Name, title, and signature of the person
				  making the report, if other than the administrator, and date of the completion
				  of the report.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part II - Administration and Administrative Services › Section 22VAC40-73-80 - Management and control of resident funds

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to §
										63.2-1808A
					 3 of the Code of Virginia, the resident shall be free to manage his personal
					 finances and funds regardless of source, unless a committee, conservator, or
					 guardian has been appointed for a resident. However, the resident may request
					 that the facility assist with the management of personal funds, and the
					 facility may assist the resident in such management under the following
					 conditions:
1. There shall be
				  documentation of this request and delegation, signed and dated by the resident
				  and the administrator. The documentation shall be maintained in the resident's
				  record.
2. All resident funds shall
				  be held separately from any other moneys of the facility. No resident funds
				  shall be borrowed, used as assets of the facility, or used for purposes of
				  personal interest by the licensee, operator, administrator, or facility
				  staff.
3. The resident shall be
				  given a choice of whether he wishes his funds to be maintained in an individual
				  resident account or in a single account for the accumulated funds of multiple
				  residents, Either type of account may be interest-bearing. If the account is
				  interest-bearing, the resident must be provided his appropriate portion of the
				  interest.
4. The facility may
				  charge a reasonable amount for administration of the account, except for
				  residents who are recipients of an auxiliary grant as account administration is
				  covered by the grant.
5. The
				  facility shall maintain a written accounting of money received and disbursed by
				  the facility that shows a current balance. The written accounting of the funds
				  shall be made available to the resident at least quarterly and upon request,
				  and a copy shall also be placed in the resident's record.
6. The resident's funds shall be made
				  available to the resident upon request.
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 II - Administration and Administrative Services › Section 22VAC40-73-90 - Safeguarding residents' funds

Current through Register Vol. 40, No. 24, July 15, 2024
No licensee, facility administrator, or staff person shall
					 act as either attorney-in-fact or trustee unless the resident has no other
					 preferred designee and the resident himself expressly requests such service by
					 or through facility personnel. When the licensee, facility administrator, or
					 staff person acts as attorney-in-fact or trustee, the following applies:
1. There shall be documentation that the
				  resident has requested such service and from whom, signed and dated by the
				  resident, the licensee, the facility administrator, and if a staff person is to
				  provide the service, the staff person. The documentation shall be maintained in
				  the resident's record.
2. The
				  licensee, facility administrator, or staff person so named attorney-in-fact or
				  trustee shall be accountable at all times in the proper discharge of such
				  fiduciary responsibility as provided under Virginia law.
3. The facility shall maintain a written
				  accounting of money received and disbursed by the licensee, facility
				  administrator, or staff person that shows a current balance. The written
				  accounting of the funds shall be made available to the resident at least
				  quarterly and upon request, and a copy shall also be placed in the resident's
				  record.
4. The resident's funds
				  shall be made available to the resident upon request.
5. Upon termination of the power of attorney
				  or trust for any reason, the licensee, facility administrator, or staff person
				  so named attorney-in-fact or trustee shall return all funds and assets, with
				  full accounting, to the resident or to another responsible party expressly
				  designated by the resident.
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 II - Administration and Administrative Services › Section 22VAC40-73-100 - Infection control program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  assisted living facility shall develop, in writing, and implement an infection
				  control program addressing the surveillance, prevention, and control of disease
				  and infection that is consistent with the federal Centers for Disease Control
				  and Prevention (CDC) guidelines and the federal Occupational Safety and Health
				  Administration (OSHA) bloodborne pathogens regulations.
1. A licensed health care professional,
				  practicing within the scope of his profession and with training in infection
				  prevention, shall participate in the development of infection prevention
				  policies and procedures and shall ensure compliance with applicable guidelines
				  and regulations.
2. The
				  administrator shall ensure at least an annual review of infection prevention
				  policies and procedures for any necessary updates. A licensed health care
				  professional, practicing within the scope of his profession and with training
				  in infection prevention, shall be included in the review to ensure compliance
				  with applicable guidelines and regulations. Documentation of the review shall
				  be maintained at the facility.
3. A
				  staff person who has been trained in basic infection prevention shall
				  participate in the annual review and serve as point of contact for the program.
				  This person shall be responsible for on-going monitoring of the implementation
				  of the infection control program.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-110 - Staff general qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
All staff shall:
1. Be considerate and respectful of the
				  rights, dignity, and sensitivities of persons who are aged, infirm, or
				  disabled;
2. Be able to speak,
				  read, understand, and write in English as necessary to carry out their job
				  responsibilities; and
3. Meet the
				  requirements specified in the Regulation for Background Checks for Assisted
				  Living Facilities and Adult Day Care Centers (22VAC40-90).
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 III - Personnel › Section 22VAC40-73-110 - Staff general qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
All staff shall:
1. Be considerate and respectful of the
				  rights, dignity, and sensitivities of persons who are aged or infirm or who
				  have disabilities;
2. Be able to
				  speak, read, understand, and write in English as necessary to carry out their
				  job responsibilities; and
3. Meet
				  the requirements specified in the Regulation for Background Checks for Assisted
				  Living Facilities and Adult Day Centers (22VAC40-90).
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 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-120 - Staff orientation and initial training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The orientation and training required in
				  subsections B and C of this section shall occur within the first seven working
				  days of employment. Until this orientation and training is completed, the staff
				  person may only assume job responsibilities if under the sight supervision of a
				  trained direct care staff person or administrator.
B. All staff shall be oriented to:
1. The purpose of the facility;
2. The facility's organizational
				  structure;
3. The services
				  provided;
4. The daily
				  routines;
5. The facility's policies
				  and procedures;
6. Specific duties
				  and responsibilities of their positions; and
7. Required compliance with regulations for
				  assisted living facilities as it relates to their duties and
				  responsibilities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-130 - Reports of abuse, neglect, or exploitation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All staff who are mandated reporters under
				  §
										63.2-1606
				  of the Code of Virginia shall report suspected abuse, neglect, or exploitation
				  of residents in accordance with that section.
B. The facility shall notify the resident's
				  contact person or legal representative when a report is made relating to the
				  resident as referenced in subsection A of this section, without identifying any
				  confidential information.
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 III - Personnel › Section 22VAC40-73-140 - Administrator qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-160 - Administrator training

Current through Register Vol. 40, No. 24, July 15, 2024
A. For a
				  facility licensed only for residential living care that does not employ a
				  licensed administrator, the administrator shall attend at least 20 hours of
				  training related to management or operation of a residential facility for
				  adults or relevant to the population in care within 12 months from the starting
				  date of employment and annually thereafter from that date. At least two of the
				  required 20 hours of training shall focus on infection control and prevention,
				  and when adults with mental impairments reside in the facility, at least six of
				  the required 20 hours shall focus on topics related to residents' mental
				  impairments. Documentation of attendance shall be retained at the facility and
				  shall include type of training, name of the entity that provided the training,
				  and date and number of hours of training.
B. All licensed administrators shall meet the
				  continuing education requirements for continued licensure.
C. Any administrator who has not previously
				  undergone the training specified in
				  22VAC40-73-40 C shall be required
				  to complete that training within two months of employment as administrator of
				  the facility. The training may be counted toward the annual training
				  requirement for the first year, except that for licensed administrators,
				  whether the training counts toward continuing education and for what period of
				  time depends upon the administrator licensure requirements.
D. Administrators who supervise medication
				  aides, as allowed by
				  22VAC40-73-670 3 b, but are not
				  registered medication aides themselves, shall successfully complete a training
				  program approved by the Virginia Board of Nursing for the registration of
				  medication aides. The training program for such administrators must include a
				  minimum of 68 hours of student instruction and training, but need not include
				  the prerequisite for the program or the written examination for registration.
				  The training shall be completed prior to supervising medication aides and may
				  be counted toward the annual training requirement in subsection A of this
				  section, except that for licensed administrators, whether the training counts
				  toward continuing education and for what period of time depends upon the
				  administrator licensure requirements. The following exceptions apply:
1. The administrator is licensed by the
				  Commonwealth of Virginia to administer medications; or
2. Medication aides are supervised by an
				  individual employed full time at the facility who is licensed by the
				  Commonwealth of Virginia to administer medications.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-180 - Administrator of both assisted living facility and nursing home

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				  meeting the qualifications for a licensed nursing home administrator pursuant
				  to §
										54.1-3103
				  of the Code of Virginia may serve as the administrator of both an assisted
				  living facility and a licensed nursing home, provided the assisted living
				  facility and licensed nursing home are part of the same building.
B. Whenever an assisted living facility and a
				  licensed nursing home have a single administrator, there shall be a written
				  management plan that addresses the care and supervision of the assisted living
				  facility residents. The management plan shall include the following:
1. Written policies and procedures that
				  describe how the administrator will oversee the care and supervision of the
				  residents and the day-to-day operation of the facility.
2. If the administrator does not provide the
				  direct management of the assisted living facility or only provides a portion
				  thereof, the plan shall specify a designated individual who shall serve as
				  manager and who shall be supervised by the administrator.
3. The manager referred to in subdivision 2
				  of this subsection shall be on site and meet the qualifications and
				  requirements of
				  22VAC40-73-170 A 8, A 9, and A
				  10.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-190 - Designated direct care staff person in charge

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the administrator, the designated
				  assistant, or the manager is not awake and on duty on the premises, there shall
				  be a designated direct care staff member in charge on the premises. However,
				  when no residents are present at the facility, the designated staff person in
				  charge does not have to be on the premises.
B. The specific duties and responsibilities
				  of the designated direct care staff member in charge shall be determined by the
				  administrator.
C. Prior to being
				  placed in charge, the staff member shall be informed of and receive training on
				  his duties and responsibilities and provided written documentation of such
				  duties and responsibilities.
D. The
				  staff member shall be awake and on duty on the premises while in
				  charge.
E. The staff member in
				  charge shall be capable of protecting the physical and mental well-being of the
				  residents.
F. The administrator
				  shall ensure that the staff member in charge is prepared to carry out his
				  duties and responsibilities and respond appropriately in case of an
				  emergency.
G. The staff member in
				  charge shall not be a resident of the facility.
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 III - Personnel › Section 22VAC40-73-200 - Direct care staff qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Direct care staff shall be at least 18
				  years of age unless certified in Virginia as a nurse aide.
B. Direct care staff who are responsible for
				  caring for residents with special health care needs shall only provide services
				  within the scope of their practice and training.
C. Direct care staff shall meet one of the
				  requirements in this subsection. If the staff does not meet the requirement at
				  the time of employment, he shall successfully meet one of the requirements in
				  this subsection within two months of employment. Licensed health care
				  professionals practicing within the scope of their profession are not required
				  to complete the training in this subsection.
1. Certification as a nurse aide issued by
				  the Virginia Board of Nursing.
2.
				  Successful completion of a Virginia Board of Nursing-approved nurse aide
				  education program.
3. Successful
				  completion of a nursing education program preparing for registered nurse
				  licensure or practical nurse licensure.
4. Current enrollment in a nursing education
				  program preparing for registered nurse or practical nurse licensure and
				  completion of at least one clinical course in the nursing program that includes
				  at least 40 hours of direct client care clinical experience.
5. Successful completion of a personal care
				  aide training program approved by the Virginia Department of Medical Assistance
				  Services.
6. Successful completion
				  of an educational program for geriatric assistant or home health aide or for
				  nurse aide that is not covered under subdivision 2 of this subsection. The
				  program shall be provided by a hospital, nursing facility, or educational
				  institution and may include out-of-state training. The program must be approved
				  by the department. To obtain department approval:
a. The facility shall provide to the
				  department's representative an outline of course content, dates and hours of
				  instruction received, the name of the entity that provided the training, and
				  other pertinent information.
b. The
				  department will make a determination based on the information in subdivision 6
				  a of this subsection and provide written confirmation to the facility when the
				  educational program meets department requirements.
7. Successful completion of the
				  department-approved 40-hour direct care staff training provided by a registered
				  nurse or licensed practical nurse.
8. Direct care staff employed prior to
				  February 1, 2018, who only cared for residents meeting the criteria for
				  residential living, and who were therefore not required to meet this subsection
				  prior to February 1, 2018, shall successfully complete a training program
				  consistent with this subsection no later than January 31,
				  2019.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-210 - Direct care staff training

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  In a facility licensed only for residential living care, all direct care staff
				  shall attend at least 14 hours of training annually.
B. In a facility licensed for both
				  residential and assisted living care, all direct care staff shall attend at
				  least 18 hours of training annually.
C. Training for the first year shall commence
				  no later than 60 days after employment.
D. The training shall be in addition to (i)
				  required first aid training; (ii) CPR training, if taken; and (iii) for
				  medication aides, continuing education required by the Virginia Board of
				  Nursing.
E. The training shall be
				  relevant to the population in care and shall be provided by a qualified
				  individual through in-service training programs or institutes, workshops,
				  classes, or conferences.
F. At least
				  two of the required hours of training shall focus on infection control and
				  prevention. When adults with mental impairments reside in the facility, at
				  least four of the required hours shall focus on topics related to residents'
				  mental impairments.
G. Documentation
				  of the type of training received, the entity that provided the training, number
				  of hours of training, and dates of the training shall be kept by the facility
				  in a manner that allows for identification by individual staff person and is
				  considered part of the staff member's record.
Exception: Direct care staff who are licensed health care
					 professionals or certified nurse aides shall attend at least 12 hours of annual
					 training.
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 III - Personnel › Section 22VAC40-73-220 - Private duty personnel

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  private duty personnel from licensed home care organizations provide direct
				  care or companion services to residents in an assisted living facility, the
				  following applies:
1. Before direct care or
				  companion services are initiated, the facility shall obtain, in writing,
				  information on the type and frequency of the services to be delivered to the
				  resident by private duty personnel, review the information to determine if it
				  is acceptable, and provide notification to the home care organization regarding
				  any needed changes.
2. The direct
				  care or companion services provided by private duty personnel to meet
				  identified needs shall be reflected on the resident's individualized service
				  plan.
3. The facility shall ensure
				  that the requirements of
				  22VAC40-73-250 D1 through D4
				  regarding tuberculosis are applied to private duty personnel and that the
				  required reports are maintained by the facility or the licensed home care
				  organization.
4. The facility shall
				  provide orientation and training to private duty personnel regarding the
				  facility's policies and procedures related to the duties of private duty
				  personnel.
5. The facility shall
				  ensure that documentation of resident care required by this chapter is
				  maintained.
6. The facility shall
				  monitor the delivery of direct care and companion services to the resident by
				  private duty personnel.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-230 - Staff duties performed by residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any resident who performs any staff duties
				  shall meet the personnel and health requirements for that position.
B. There shall be a written agreement between
				  the facility and any resident who performs staff duties.
1. The agreement shall specify duties, hours
				  of work, and compensation.
2. The
				  agreement shall not be a condition for admission or continued
				  residence.
3. The resident shall
				  enter into such an agreement voluntarily.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-240 - Volunteers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any volunteers
				  used shall:
1. Have qualifications
				  appropriate to the services they render; and
2. Be subject to laws and regulations
				  governing confidential treatment of personal information.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-250 - Staff records and health requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A record shall be established for each
				  staff person. It shall not be destroyed until at least two years after
				  employment is terminated.
B. All
				  staff records shall be retained at the facility, treated confidentially, and
				  kept in a locked area.
Exception: Emergency contact information required by
					 subdivision C 9 of this section shall also be kept in an easily accessible
					 place.
C. Personal and social
				  data to be maintained on staff and included in the staff record are as follows:
1. Name;
2. Birth date;
3. Current address and telephone
				  number;
4. Position title and date
				  employed;
5. Verification that the
				  staff person has received a copy of his current job description;
6. An original criminal record report and a
				  sworn disclosure statement;
7.
				  Documentation of qualifications for employment related to the staff person's
				  position, including any specified relevant information;
8. Verification of current professional
				  license, certification, registration, medication aide provisional
				  authorization, or completion of a required approved training course;
9. Name and telephone number of person to
				  contact in an emergency;
10.
				  Documentation of orientation, training, and education required by this chapter,
				  including any specified relevant information, with annual training requirements
				  determined by starting date of employment; and
11. Date of termination of
				  employment.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-260 - First aid and CPR certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. First aid.
1. Each direct care staff member shall
				  maintain current certification in first aid from the American Red Cross,
				  American Heart Association, National Safety Council, American Safety and Health
				  Institute, community college, hospital, volunteer rescue squad, or fire
				  department. The certification must either be in adult first aid or include
				  adult first aid. To be considered current, first aid certification from
				  community colleges, hospitals, volunteer rescue squads, or fire departments
				  shall have been issued within the past three years.
2. Each direct care staff member who does not
				  have current certification in first aid as specified in subdivision 1 of this
				  subsection shall receive certification in first aid within 60 days of
				  employment.
3. A direct care staff
				  member who is a registered nurse, licensed practical nurse, or currently
				  certified emergency medical technician, first responder, or paramedic does not
				  have to meet the requirements of subdivisions 1 and 2 of this
				  subsection.
4. In each building,
				  there shall either be (i) at least one staff person at all times who has
				  current certification in first aid that meets the specifications of this
				  section; or (ii) an on-duty registered nurse, licensed practical nurse, or
				  currently certified emergency medical technician, first responder, or
				  paramedic.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-270 - Direct care staff training when aggressive or restrained residents are in care

Current through Register Vol. 40, No. 24, July 15, 2024
The following training is required for staff in assisted
					 living facilities that accept, or have in care, residents who are or who may be
					 aggressive or restrained:
1.
				  Aggressive residents.
a. Direct care staff
				  shall be trained in methods of dealing with residents who have a history of
				  aggressive behavior or of dangerously agitated states prior to being involved
				  in the care of such residents.
b.
				  This training shall include, at a minimum, information, demonstration, and
				  practical experience in self-protection and in the prevention and de-escalation
				  of aggressive behavior.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IV - Staffing and Supervision › Section 22VAC40-73-280 - Staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  assisted living facility shall have staff adequate in knowledge, skills, and
				  abilities and sufficient in numbers to provide services to attain and maintain
				  the physical, mental, and psychosocial well-being of each resident as
				  determined by resident assessments and individualized service plans, and to
				  ensure compliance with this chapter.
B. The assisted living facility shall
				  maintain a written plan that specifies the number and type of direct care staff
				  required to meet the day-to-day, routine direct care needs and any identified
				  special needs for the residents in care. This plan shall be directly related to
				  actual resident acuity levels and individualized care needs.
C. An adequate number of staff persons shall
				  be on the premises at all times to implement the approved fire and emergency
				  evacuation plan.
D. At least one
				  direct care staff member shall be awake and on duty at all times in each
				  building when at least one resident is present.
Exception: For a facility licensed for residential living
					 care only, in buildings that house 19 or fewer residents, the staff member on
					 duty does not have to be awake during the night if (i) none of the residents
					 have care needs that require a staff member awake at night and (ii) the
					 facility ensures compliance with the requirements of
					 22VAC40-73-930 C.
E. No employee shall be permitted
				  to work in a position that involves direct contact with a resident until a
				  background check has been received as required in the Regulation for Background
				  Checks for Assisted Living Facilities and Adult Day Care Centers (22VAC40-90),
				  unless such person works under the direct supervision of another employee for
				  whom a background check has been completed in accordance with the requirements
				  of the background check regulation (22VAC40-90).
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.