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 22VAC40-73-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Activities of daily living" or "ADLs" means bathing,
					 dressing, toileting, transferring, bowel control, bladder control, eating, and
					 feeding. A person's degree of independence in performing these activities is a
					 part of determining appropriate level of care and services.
"Administer medication" means to open a container of
					 medicine or to remove the ordered dosage and to give it to the resident for
					 whom it is ordered.
"Administrator" means the licensee or a person designated
					 by the licensee who is responsible for the general administration and
					 management of an assisted living facility and who oversees the day-to-day
					 operation of the facility, including compliance with all regulations for
					 licensed assisted living facilities.
"Admission" means the date a person actually becomes a
					 resident of the assisted living facility and is physically present at the
					 facility.
"Advance directive" means, as defined in §
										54.1-2982 of the Code of
					 Virginia, (i) a witnessed written document, voluntarily executed by the
					 declarant in accordance with the requirements of §
										54.1-2983 of the Code of
					 Virginia or (ii) a witnessed oral statement, made by the declarant subsequent
					 to the time the declarant is diagnosed as suffering from a terminal condition
					 and in accordance with the provisions of §
										54.1-2983 of the Code of
					 Virginia.
"Ambulatory" means the condition of a resident who is
					 physically and mentally capable of self-preservation by evacuating in response
					 to an emergency to a refuge area as defined by 13VAC5-63, the Virginia Uniform
					 Statewide Building Code, without the assistance of another person, or from the
					 structure itself without the assistance of another person if there is no such
					 refuge area within the structure, even if such resident may require the
					 assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal
					 command to evacuate.
"Assisted living care" means a level of service provided by
					 an assisted living facility for adults who may have physical or mental
					 impairments and require at least moderate assistance with the activities of
					 daily living. Included in this level of service are individuals who are
					 dependent in behavior pattern (i.e., abusive, aggressive, disruptive) as
					 documented on the uniform assessment instrument.
"Assisted living facility" means, as defined in §
										63.2-100 of the Code of
					 Virginia, any congregate residential setting that provides or coordinates
					 personal and health care services, 24-hour supervision, and assistance
					 (scheduled and unscheduled) for the maintenance or care of four or more adults
					 who are aged or infirm or who have disabilities and who are cared for in a
					 primarily residential setting, except (i) a facility or portion of a facility
					 licensed by the State Board of Health or the Department of Behavioral Health
					 and Developmental Services, but including any portion of such facility not so
					 licensed; (ii) the home or residence of an individual who cares for or
					 maintains only persons related to that individual by blood or marriage; (iii) a
					 facility or portion of a facility serving individuals who are infirm or who
					 have disabilities between the ages of 18 and 21 years, or 22 years if enrolled
					 in an educational program for individuals with disabilities pursuant to §
										22.1-214 of the Code of
					 Virginia, when such facility is licensed by the department as a children's
					 residential facility under Chapter 17 (§
										63.2-1700 et seq.) of Title 63.2
					 of the Code of Virginia, but including any portion of the facility not so
					 licensed; and (iv) any housing project for individuals who are 62 years of age
					 or older or individuals with disabilities that provides no more than basic
					 coordination of care services and is funded by the U.S. Department of Housing
					 and Urban Development, by the U.S. Department of Agriculture, or by the
					 Virginia Housing Development Authority. Included in this definition are any two
					 or more places, establishments, or institutions owned or operated by a single
					 entity and providing maintenance or care to a combined total of four or more
					 adults who are aged or infirm or who have disabilities. Maintenance or care
					 means the protection, general supervision, and oversight of the physical and
					 mental well-being of an individual who is aged or infirm or who has a
					 disability.
"Attorney-in-fact" means strictly, one who is designated to
					 transact business for another: a legal agent.
"Behavioral health authority" means the organization,
					 appointed by and accountable to the governing body of the city or county that
					 established it, that provides mental health, developmental, and substance abuse
					 services through its own staff or through contracts with other organizations
					 and providers.
"Board" means the State Board of Social Services.
"Building" means a structure with exterior walls under one
					 roof.
"Cardiopulmonary resuscitation" or "CPR" means an emergency
					 procedure consisting of external cardiac massage and artificial respiration;
					 the first treatment for a person who has collapsed, has no pulse, and has
					 stopped breathing; and attempts to restore circulation of the blood and prevent
					 death or brain damage due to lack of oxygen.
"Case management" means multiple functions designed to link
					 clients to appropriate services. Case management may include a variety of
					 common components such as initial screening of needs, comprehensive assessment
					 of needs, development and implementation of a plan of care, service monitoring,
					 and client follow-up.
"Case manager" means an employee of a public human services
					 agency who is qualified and designated to develop and coordinate plans of
					 care.
"Chapter" or "this chapter" means these regulations, that
					 is, Standards for Licensed Assisted Living Facilities, 22VAC40-73, unless noted
					 otherwise.
"Chemical restraint" means a psychopharmacologic drug that
					 is used for discipline or convenience and not required to treat the resident's
					 medical symptoms or symptoms from mental illness or intellectual disability and
					 that prohibits the resident from reaching the resident's highest level of
					 functioning.
"Commissioner" means the commissioner of the department,
					 the commissioner's designee, or authorized representative.
"Community services board" or "CSB" means a public body
					 established pursuant to §
										37.2-501 of the Code of Virginia
					 that provides mental health, developmental, and substance abuse programs and
					 services within the political subdivision participating on the board.
"Companion services" means assistance provided to residents
					 in such areas as transportation, meal preparation, shopping, light
					 housekeeping, companionship, and household management.
"Conservator" means a person appointed by the court who is
					 responsible for managing the estate and financial affairs of an incapacitated
					 person and, where the context plainly indicates, includes a "limited
					 conservator" or a "temporary conservator." The term includes (i) a local or
					 regional program designated by the Department for Aging and Rehabilitative
					 Services as a public conservator pursuant to Article 6 (§
										51.5-149 et seq.) of Chapter 14
					 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt
					 charitable organization established pursuant to §
										501(c)(3) of the Internal
					 Revenue Code to provide conservatorial services to incapacitated persons. Such
					 tax-exempt charitable organization shall not be a provider of direct services
					 to the incapacitated person. If a tax-exempt charitable organization has been
					 designated by the Department for Aging and Rehabilitative Services as a public
					 conservator, it may also serve as a conservator for other individuals.
"Continuous licensed nursing care" means around-the-clock
					 observation, assessment, monitoring, supervision, or provision of medical
					 treatments provided by a licensed nurse. Individuals requiring continuous
					 licensed nursing care may include:
1.
				  Individuals who have a medical instability due to complexities created by
				  multiple, interrelated medical conditions; or
2. Individuals with a health care condition
				  with a high potential for medical instability.
"Days" means calendar days unless noted otherwise.
"Department" means the Virginia Department of Social
					 Services.
"Department's representative" means an employee or designee
					 of the Virginia Department of Social Services, acting as an authorized agent of
					 the Commissioner of Social Services.
"Dietary supplement" means a product intended for ingestion
					 that supplements the diet, is labeled as a dietary supplement, is not
					 represented as a sole item of a meal or diet, and contains a dietary ingredient
					 (e.g., vitamins, minerals, amino acids, herbs or other botanicals, dietary
					 substances such as enzymes, and concentrates, metabolites, constituents,
					 extracts, or combinations of the preceding types of ingredients). Dietary
					 supplements may be found in many forms, such as tablets, capsules, liquids, or
					 bars.
"Direct care staff" means supervisors, assistants, aides,
					 or other staff of a facility who assist residents in the performance of
					 personal care or daily living activities.
"Discharge" means the movement of a resident out of the
					 assisted living facility.
"Electronic record" means a record created, generated,
					 sent, communicated, received, or stored by electronic means.
"Electronic signature" means an electronic sound, symbol,
					 or process attached to or logically associated with a record and executed or
					 adopted by a person with the intent to sign the record.
"Emergency placement" means the temporary status of an
					 individual in an assisted living facility when the person's health and safety
					 would be jeopardized by denying entry into the facility until the requirements
					 for admission have been met.
"Emergency restraint" means a restraint used when the
					 resident's behavior is unmanageable to the degree an immediate and serious
					 danger is presented to the health and safety of the resident or others.
"General supervision and oversight" means assuming
					 responsibility for the well-being of residents, either directly or through
					 contracted agents.
"Guardian" means a person appointed by the court who is
					 responsible for the personal affairs of an incapacitated person, including
					 responsibility for making decisions regarding the person's support, care,
					 health, safety, habilitation, education, therapeutic treatment, and, if not
					 inconsistent with an order of involuntary admission, residence. Where the
					 context plainly indicates, the term includes a "limited guardian" or a
					 "temporary guardian." The term includes (i) a local or regional program
					 designated by the Department for Aging and Rehabilitative Services as a public
					 guardian pursuant to Article 6 (§
										51.5-149 et seq.) of Chapter 14
					 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt
					 charitable organization established pursuant to §
										501(c)(3) of the Internal
					 Revenue Code to provide guardian services to incapacitated persons. Such
					 tax-exempt charitable organization shall not be a provider of direct services
					 to the incapacitated person. If a tax-exempt charitable organization has been
					 designated by the Department for Aging and Rehabilitative Services as a public
					 guardian, it may also serve as a guardian for other individuals.
"Habilitative service" means activities to advance a normal
					 sequence of motor skills, movement, and self-care abilities or to prevent
					 avoidable additional deformity or dysfunction.
"Health care provider" means a person, corporation,
					 facility, or institution licensed by the Commonwealth to provide health care or
					 professional services, including a physician or hospital, dentist, pharmacist,
					 registered or licensed practical nurse, optometrist, podiatrist, chiropractor,
					 physical therapist, physical therapy assistant, clinical psychologist, or
					 health maintenance organization.
"Household member" means any person domiciled in an
					 assisted living facility other than residents or staff.
"Imminent physical threat or danger" means clear and
					 present risk of sustaining or inflicting serious or life-threatening
					 injuries.
"Independent clinical psychologist" means a clinical
					 psychologist who is chosen by the resident of the assisted living facility and
					 who has no financial interest in the assisted living facility, directly or
					 indirectly, as an owner, officer, or employee or as an independent contractor
					 with the facility.
"Independent living status" means that the resident is
					 assessed as capable of performing all activities of daily living and
					 instrumental activities of daily living independently without requiring the
					 assistance of another person and is assessed as capable of taking medications
					 without the assistance of another person. If the policy of a facility dictates
					 that medications are administered or distributed centrally without regard for
					 the residents' capacity, this policy shall not be considered in determining
					 independent status.
"Independent physician" means a physician who is chosen by
					 the resident of the assisted living facility and who has no financial interest
					 in the assisted living facility, directly or indirectly, as an owner, officer,
					 or employee or as an independent contractor with the facility.
"Individualized service plan" or "ISP" means the written
					 description of actions to be taken by the licensee, including coordination with
					 other services providers, to meet the assessed needs of the resident.
"Instrumental activities of daily living" or "IADLs" means
					 meal preparation, housekeeping, laundry, and managing money. A person's degree
					 of independence in performing these activities is a part of determining
					 appropriate level of care and services.
"Intellectual disability" means disability, originating
					 before the age of 18 years, characterized concurrently by (i) significantly
					 subaverage intellectual functioning as demonstrated by performance on a
					 standardized measure of intellectual functioning, administered in conformity
					 with accepted professional practice, that is at least two standard deviations
					 below the mean and (ii) significant limitations in adaptive behavior as
					 expressed in conceptual, social, and practical adaptive skills.
"Intermittent intravenous therapy" means therapy provided
					 by a licensed health care professional at medically predictable intervals for a
					 limited period of time on a daily or periodic basis.
"Legal representative" means a person legally responsible
					 for representing or standing in the place of the resident for the conduct of
					 the resident's affairs. This may include a guardian, conservator,
					 attorney-in-fact under durable power of attorney ("durable power of attorney"
					 defines the type of legal instrument used to name the attorney-in-fact and does
					 not change the meaning of attorney-in-fact), trustee, or other person expressly
					 named by a court of competent jurisdiction or the resident as the resident's
					 agent in a legal document that specifies the scope of the representative's
					 authority to act. A legal representative may only represent or stand in the
					 place of a resident for the functions for which the legal representative has
					 legal authority to act. A resident is presumed competent and is responsible for
					 making all health care, personal care, financial, and other personal decisions
					 that affect the resident's life unless a representative with legal authority
					 has been appointed by a court of competent jurisdiction or has been appointed
					 by the resident in a properly executed and signed document. A resident may have
					 different legal representatives for different functions. For any given
					 standard, the term "legal representative" applies solely to the legal
					 representative with the authority to act in regard to the functions relevant to
					 that particular standard.
"Licensed health care professional" means any health care
					 professional currently licensed by the Commonwealth of Virginia to practice
					 within the scope of that health care professional's profession, such as a nurse
					 practitioner, registered nurse, licensed practical nurse (nurses may be
					 licensed or hold multistate licensure pursuant to §
										54.1-3000 of the Code of
					 Virginia), clinical social worker, dentist, occupational therapist, pharmacist,
					 physical therapist, physician, physician assistant, psychologist, and
					 speech-language pathologist. Responsibilities of physicians referenced in this
					 chapter may be implemented by nurse practitioners or physician assistants in
					 accordance with their protocols or practice agreements with their supervising
					 physicians and in accordance with the law.
"Licensee" means any person, association, partnership,
					 corporation, company, or public agency to whom the license is issued.
"Manager" means a designated person who serves as a manager
					 pursuant to
					 22VAC40-73-170 and
					 22VAC40-73-180.
"Mandated reporter" means persons specified in §
										63.2-1606 of the Code of
					 Virginia who are required to report matters giving reason to suspect abuse,
					 neglect, or exploitation of an adult.
"Maximum physical assistance" means that an individual has
					 a rating of total dependence in four or more of the seven activities of daily
					 living as documented on the uniform assessment instrument. An individual who
					 can participate in any way with performance of the activity is not considered
					 to be totally dependent.
"Medical/orthopedic restraint" means the use of a medical
					 or orthopedic support device that has the effect of restricting the resident's
					 freedom of movement or access to the resident's body for the purpose of
					 improving the resident's stability, physical functioning, or mobility.
"Medication aide" means a staff person who has current
					 registration with the Virginia Board of Nursing to administer drugs that would
					 otherwise be self-administered to residents in an assisted living facility in
					 accordance with the Regulations Governing the Registration of Medication Aides
					 (18VAC90-60). This definition also includes a staff person who is an applicant
					 for registration as a medication aide in accordance with subdivision 2 of
					 22VAC40-73-670.
"Mental illness" means a disorder of thought, mood,
					 emotion, perception, or orientation that significantly impairs judgment,
					 behavior, capacity to recognize reality, or ability to address basic life
					 necessities and requires care and treatment for the health, safety, or recovery
					 of the individual or for the safety of others.
"Mental impairment" means a disability that reduces an
					 individual's ability to reason logically, make appropriate decisions, or engage
					 in purposeful behavior.
"Minimal assistance" means dependency in only one activity
					 of daily living or dependency in one or more of the instrumental activities of
					 daily living as documented on the uniform assessment instrument.
"Moderate assistance" means dependency in two or more of
					 the activities of daily living as documented on the uniform assessment
					 instrument.
"Nonambulatory" means the condition of a resident who by
					 reason of physical or mental impairment is not capable of self-preservation
					 without the assistance of another person.
"Nonemergency restraint" means a restraint used for the
					 purpose of providing support to a physically weakened resident.
"Physical impairment" means a condition of a bodily or
					 sensory nature that reduces an individual's ability to function or to perform
					 activities.
"Physical restraint" means any manual method or physical or
					 mechanical device, material, or equipment attached or adjacent to the
					 resident's body that the resident cannot remove easily, which restricts freedom
					 of movement or access to the resident's body.
"Physician" means an individual licensed to practice
					 medicine or osteopathic medicine in any of the 50 states or the District of
					 Columbia.
"Premises" means a building or group of buildings under one
					 license, together with the land or grounds on which located.
"Prescriber" means a practitioner who is authorized
					 pursuant to §§
										54.1-3303 and
					 54.1-3408 of the Code of
					 Virginia to issue a prescription.
"Private duty personnel" means an individual hired, either
					 directly or through a licensed home care organization, by a resident, family
					 member, legal representative, or similar entity to provide one-on-one services
					 to the resident, such as a private duty nurse, home attendant, personal aide,
					 or companion. Private duty personnel are not hired by the facility, either
					 directly or through a contract.
"Private pay" means that a resident of an assisted living
					 facility is not eligible for an auxiliary grant.
"Psychopharmacologic drug" means any drug prescribed or
					 administered with the intent of controlling mood, mental status, or behavior.
					 Psychopharmacologic drugs include not only the obvious drug classes, such as
					 antipsychotic, antidepressants, and the antianxiety/hypnotic class, but any
					 drug that is prescribed or administered with the intent of controlling mood,
					 mental status, or behavior, regardless of the manner in which it is marketed by
					 the manufacturers and regardless of labeling or other approvals by the U.S.
					 Food and Drug Administration.
"Public pay" means that a resident of an assisted living
					 facility is eligible for an auxiliary grant.
"Qualified" means having appropriate training and
					 experience commensurate with assigned responsibilities, or if referring to a
					 professional, possessing an appropriate degree or having documented equivalent
					 education, training, or experience. There are specific definitions for
					 "qualified assessor" and "qualified mental health professional" in this
					 section.
"Qualified assessor" means an individual who is authorized
					 to perform an assessment, reassessment, or change in level of care for an
					 applicant to or resident of an assisted living facility. For public pay
					 individuals, a qualified assessor is an employee of a public human services
					 agency trained in the completion of the uniform assessment instrument (UAI).
					 For private pay individuals, a qualified assessor is an employee of the
					 assisted living facility trained in the completion of the UAI or an independent
					 private physician or a qualified assessor for public pay individuals.
"Qualified mental health professional" means a behavioral
					 health professional who is trained and experienced in providing psychiatric or
					 mental health services to individuals who have a psychiatric diagnosis,
					 including (i) a physician licensed in Virginia; (ii) a psychologist: an
					 individual with a master's degree in psychology from a college or university
					 accredited by an association recognized by the U.S. Secretary of Education,
					 with at least one year of clinical experience; (iii) a social worker: an
					 individual with at least a master's degree in human services or related field
					 (e.g., social work, psychology, psychiatric rehabilitation, sociology,
					 counseling, vocational rehabilitation, or human services counseling) from a
					 college or university accredited by an association recognized by the U.S.
					 Secretary of Education, with at least one year of clinical experience providing
					 direct services to persons with a diagnosis of mental illness; (iv) a
					 registered psychiatric rehabilitation provider (RPRP) registered with the
					 International Association of Psychosocial Rehabilitation Services (IAPSRS); (v)
					 a clinical nurse specialist or psychiatric nurse practitioner licensed in the
					 Commonwealth of Virginia with at least one year of clinical experience working
					 in a mental health treatment facility or agency; (vi) any other licensed mental
					 health professional; or (vii) any other person deemed by the Department of
					 Behavioral Health and Developmental Services as having qualifications
					 equivalent to those described in this definition. Any unlicensed person who
					 meets the requirements contained in this definition shall either be under the
					 supervision of a licensed mental health professional or employed by an agency
					 or organization licensed by the Department of Behavioral Health and
					 Developmental Services.
"Rehabilitative services" means activities that are ordered
					 by a physician or other qualified health care professional that are provided by
					 a rehabilitative therapist (e.g., physical therapist, occupational therapist,
					 or speech-language pathologist). These activities may be necessary when a
					 resident has demonstrated a change in the resident's capabilities and are
					 provided to restore or improve the resident's level of functioning.
"Resident" means any adult residing in an assisted living
					 facility for the purpose of receiving maintenance or care. The definition of
					 resident also includes adults residing in an assisted living facility who have
					 independent living status. Adults present in an assisted living facility for
					 part of the day for the purpose of receiving day services are also considered
					 residents.
"Residential living care" means a level of service provided
					 by an assisted living facility for adults who may have physical or mental
					 impairments and require only minimal assistance with the activities of daily
					 living. Included in this level of service are individuals who are dependent in
					 medication administration as documented on the uniform assessment instrument,
					 although they may not require minimal assistance with the activities of daily
					 living. This definition includes the services provided by the facility to
					 individuals who are assessed as capable of maintaining themselves in an
					 independent living status.
"Respite care" means services provided in an assisted
					 living facility for the maintenance or care of adults who are aged or infirm or
					 who have a disability for a temporary period of time or temporary periods of
					 time that are regular or intermittent. Facilities offering this type of care
					 are subject to this chapter.
"Restorative care" means activities designed to assist the
					 resident in reaching or maintaining the resident's level of potential. These
					 activities are not required to be provided by a rehabilitative therapist and
					 may include activities such as range of motion, assistance with ambulation,
					 positioning, assistance and instruction in the activities of daily living,
					 psychosocial skills training, and reorientation and reality orientation.
"Restraint" means either "physical restraint" or "chemical
					 restraint" as these terms are defined in this section.
"Safe, secure environment" means a self-contained special
					 care unit 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. There may be one or more self-contained special care
					 units in a facility or the whole facility may be a special care unit. Nothing
					 in this definition limits or contravenes the privacy protections set forth in
					 §
										63.2-1808 of the Code of
					 Virginia.
"Sanitizing" means treating in such a way to remove
					 bacteria and viruses through using a disinfectant solution (e.g., bleach
					 solution or commercial chemical disinfectant) or physical agent (e.g.,
					 heat).
"Serious cognitive impairment" means severe deficit in
					 mental capability of a chronic, enduring, or long-term nature that affects
					 areas such as thought processes, problem-solving, judgment, memory, and
					 comprehension and that interferes with such things as reality orientation,
					 ability to care for self, ability to recognize danger to self or others, and
					 impulse control. Such cognitive impairment is not due to (i) acute or episodic
					 conditions, (ii) conditions arising from treatable metabolic or chemical
					 imbalances, or (iii) reactions to medication or toxic substances. For the
					 purposes of this chapter, serious cognitive impairment means that an individual
					 cannot recognize danger or protect the individual's own safety and
					 welfare.
"Significant change" means a change in a resident's
					 condition that is expected to last longer than 30 days. It does not include
					 short-term changes that resolve with or without intervention, a short-term
					 acute illness or episodic event, or a well-established, predictive, cyclic
					 pattern of clinical signs and symptoms associated with a previously diagnosed
					 condition where an appropriate course of treatment is in progress.
"Skilled nursing treatment" means a service ordered by a
					 physician or other prescriber that is provided by and within the scope of
					 practice of a licensed nurse.
"Skills training" means systematic skill building through
					 curriculum-based psychoeducational and cognitive-behavioral interventions.
					 These interventions break down complex objectives for role performance into
					 simpler components, including basic cognitive skills such as attention, to
					 facilitate learning and competency.
"Staff" or "staff person" means personnel working at a
					 facility who are compensated or have a financial interest in the facility,
					 regardless of role, service, age, function, or duration of employment at the
					 facility. "Staff" or "staff person" also includes those individuals hired
					 through a contract with the facility to provide services for the
					 facility.
"Substance abuse" means the use of drugs enumerated in the
					 Virginia Drug Control Act (§
										54.1-3400 et seq. of the Code of
					 Virginia), without a compelling medical reason, or alcohol that (i) results in
					 psychological or physiological dependence or danger to self or others as a
					 function of continued and compulsive use or (ii) results in mental, emotional,
					 or physical impairment that causes socially dysfunctional or socially
					 disordering behavior; and (iii) because of such substance abuse, requires care
					 and treatment for the health of the individual. This care and treatment may
					 include counseling, rehabilitation, or medical or psychiatric care. All
					 determinations of whether a compelling medical reason exists shall be made by a
					 physician or other qualified medical personnel.
"Systems review" means a physical examination of the body
					 to determine if the person is experiencing problems or distress, including
					 cardiovascular system, respiratory system, gastrointestinal system, urinary
					 system, endocrine system, musculoskeletal system, nervous system, sensory
					 system, and the skin.
"Transfer" means movement of a resident to a different
					 assigned living area within the same licensed facility.
"Trustee" means one who stands in a fiduciary or
					 confidential relation to another; especially one who, having legal title to
					 property, holds it in trust for the benefit of another and owes a fiduciary
					 duty to that beneficiary.
"Uniform assessment instrument" or "UAI" means the
					 department-designated assessment form. There is an alternate version of the
					 form that may be used for private pay residents. Social and financial
					 information that is not relevant because of the resident's payment status is
					 not included on the private pay version of the form.
"Volunteer" means a person who works at an assisted living
					 facility who is not compensated. An exception to this definition is a person
					 who, either as an individual or as part of an organization, is only present at
					 or facilitates group activities on an occasional basis or for special
					 events.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.