{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-707.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-707.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-707.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-707.html"}],"law_id":81649,"edition_id":1,"section_id":81649,"structure_id":13089,"section_number":"37.2-707","catch_line":"Employment and qualifications of directors of state facilities","history":"1978, c. 213, \u00a7 37.1-42.2; 1980, c. 582; 1999, c. 576; 2000, cc. 565, 610; 2002, cc. 271, 572; 2005, c. 716; 2020, c. 1137.","full_text":"The Commissioner shall employ a director for each state facility who shall be skilled in facility management and administration and who shall meet requirements that may be determined by the Commissioner. However, the director need not be a physician.\n\t\tAny director of a state facility employed or reemployed by the Commissioner after July 1, 2002, may be employed as a classified employee or under a contract that specifies the terms and conditions of employment, including compensation, benefits, duties and responsibilities, performance standards, evaluation criteria, and contract termination and renewal provisions. The length of employment contracts shall be two years, with provisions for annual renewals thereafter based on the performance of the incumbent. Any director of a state facility employed by the Commissioner before July 1, 1999, may elect to continue his current employment status subject to the provisions of the Virginia Personnel Act, Chapter 29 (\u00a7 2.2-2900 et seq.) of Title 2.2, or he may choose to be employed under a contract. Any director of a state facility employed under an employment contract shall be exempt from the Virginia Personnel Act, yet he shall remain subject to the provisions of the State Grievance Procedure (\u00a7 2.2-3000 et seq.). Personnel actions under this exemption shall be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, religion, age, disability, or political affiliation.\n\t\tEach director shall be responsible to the Commissioner or his designee for the safe, efficient, and effective operation of his state facility. Each director shall take any actions consistent with law necessary to ensure that his facility complies with all applicable federal and state statutes, regulations, policies, and agreements. The Commissioner shall evaluate the performance of each director of a state facility at least annually.\n\t\tWhenever any act required by law to be performed by a director employed hereunder constitutes the practice of medicine, as defined in \u00a7 54.1-2900, and the director is not a licensed physician, the act shall be performed by a licensed physician designated by the director.","order_by":null,"text":{"0":{"id":292436,"text":"The Commissioner shall employ a director for each state facility who shall be skilled in facility management and administration and who shall meet requirements that may be determined by the Commissioner. However, the director need not be a physician.\n\t\tAny director of a state facility employed or reemployed by the Commissioner after July 1, 2002, may be employed as a classified employee or under a contract that specifies the terms and conditions of employment, including compensation, benefits, duties and responsibilities, performance standards, evaluation criteria, and contract termination and renewal provisions. The length of employment contracts shall be two years, with provisions for annual renewals thereafter based on the performance of the incumbent. Any director of a state facility employed by the Commissioner before July 1, 1999, may elect to continue his current employment status subject to the provisions of the Virginia Personnel Act, Chapter 29 (\u00a7 2.2-2900 et seq.) of Title 2.2, or he may choose to be employed under a contract. Any director of a state facility employed under an employment contract shall be exempt from the Virginia Personnel Act, yet he shall remain subject to the provisions of the State Grievance Procedure (\u00a7 2.2-3000 et seq.). Personnel actions under this exemption shall be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, religion, age, disability, or political affiliation.\n\t\tEach director shall be responsible to the Commissioner or his designee for the safe, efficient, and effective operation of his state facility. Each director shall take any actions consistent with law necessary to ensure that his facility complies with all applicable federal and state statutes, regulations, policies, and agreements. The Commissioner shall evaluate the performance of each director of a state facility at least annually.\n\t\tWhenever any act required by law to be performed by a director employed hereunder constitutes the practice of medicine, as defined in \u00a7 54.1-2900, and the director is not a licensed physician, the act shall be performed by a licensed physician designated by the director.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13089,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210155,"object_type":"structure","relational_id":13089,"identifier":"1","token":"37.2\/II\/7\/1","url":"\/37.2\/II\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81060,"structure_id":13089,"section_number":"37.2-700","catch_line":"Construction of state facilities; razing buildings","url":"\/37.2-700\/","token":"37.2\/II\/7\/1\/37.2-700","metadata":false},{"id":66128,"structure_id":13089,"section_number":"37.2-701","catch_line":"Examination of properties; certain property not to be declared surplus","url":"\/37.2-701\/","token":"37.2\/II\/7\/1\/37.2-701","metadata":false},{"id":60268,"structure_id":13089,"section_number":"37.2-702","catch_line":"Separate state facilities for elderly individuals; free-standing state facilities authorized","url":"\/37.2-702\/","token":"37.2\/II\/7\/1\/37.2-702","metadata":false},{"id":74015,"structure_id":13089,"section_number":"37.2-703","catch_line":"Commissioner to prescribe system of records, accounts, and reports; access to records, accounts, and reports","url":"\/37.2-703\/","token":"37.2\/II\/7\/1\/37.2-703","metadata":false},{"id":80681,"structure_id":13089,"section_number":"37.2-704","catch_line":"Commissioner authorized to receive and expend social security and other federal payments for individuals receiving services in state facilities","url":"\/37.2-704\/","token":"37.2\/II\/7\/1\/37.2-704","metadata":false},{"id":78075,"structure_id":13089,"section_number":"37.2-705","catch_line":"Private funds provided for individuals receiving services","url":"\/37.2-705\/","token":"37.2\/II\/7\/1\/37.2-705","metadata":false},{"id":72516,"structure_id":13089,"section_number":"37.2-706","catch_line":"Disposal of unclaimed personal property of certain individuals in state facilities","url":"\/37.2-706\/","token":"37.2\/II\/7\/1\/37.2-706","metadata":false},{"id":81649,"structure_id":13089,"section_number":"37.2-707","catch_line":"Employment and qualifications of directors of state facilities","url":"\/37.2-707\/","token":"37.2\/II\/7\/1\/37.2-707","metadata":false},{"id":71507,"structure_id":13089,"section_number":"37.2-708","catch_line":"Salaries of directors and other employees of state facilities","url":"\/37.2-708\/","token":"37.2\/II\/7\/1\/37.2-708","metadata":false},{"id":62735,"structure_id":13089,"section_number":"37.2-709","catch_line":"State facility reporting requirements","url":"\/37.2-709\/","token":"37.2\/II\/7\/1\/37.2-709","metadata":false},{"id":62751,"structure_id":13089,"section_number":"37.2-709.1","catch_line":"State facility reporting requirements; critical incidents involving individuals receiving services","url":"\/37.2-709.1\/","token":"37.2\/II\/7\/1\/37.2-709.1","metadata":false},{"id":80404,"structure_id":13089,"section_number":"37.2-710","catch_line":"State facility reporting requirements; Virginia Patient Level Data system","url":"\/37.2-710\/","token":"37.2\/II\/7\/1\/37.2-710","metadata":false},{"id":54361,"structure_id":13089,"section_number":"37.2-711","catch_line":"Exchange of information","url":"\/37.2-711\/","token":"37.2\/II\/7\/1\/37.2-711","metadata":false},{"id":74559,"structure_id":13089,"section_number":"37.2-712","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","url":"\/37.2-712\/","token":"37.2\/II\/7\/1\/37.2-712","metadata":false},{"id":56215,"structure_id":13089,"section_number":"37.2-713","catch_line":"Residence of individuals in state facilities and school-age children in state facilities generally","url":"\/37.2-713\/","token":"37.2\/II\/7\/1\/37.2-713","metadata":false},{"id":54135,"structure_id":13089,"section_number":"37.2-714","catch_line":"Children born in state facilities","url":"\/37.2-714\/","token":"37.2\/II\/7\/1\/37.2-714","metadata":false},{"id":80103,"structure_id":13089,"section_number":"37.2-714.1","catch_line":"State facilities; video visitation","url":"\/37.2-714.1\/","token":"37.2\/II\/7\/1\/37.2-714.1","metadata":false}],"previous_section":{"id":72516,"structure_id":13089,"section_number":"37.2-706","catch_line":"Disposal of unclaimed personal property of certain individuals in state facilities","url":"\/37.2-706\/","token":"37.2\/II\/7\/1\/37.2-706","metadata":false},"next_section":{"id":71507,"structure_id":13089,"section_number":"37.2-708","catch_line":"Salaries of directors and other employees of state facilities","url":"\/37.2-708\/","token":"37.2\/II\/7\/1\/37.2-708","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-707\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 213 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 582; in 1999, chapter 576<\/a>; in 2000, chapters 565<\/a> and 610<\/a>; in 2002, chapters 271<\/a> and 572<\/a>; in 2005, chapter 716<\/a>; in 2020, chapter 1137<\/a>.<\/p>","references":[{"id":64223,"section_number":"2.2-2905","catch_line":"Certain officers and employees exempt from chapter","order_by":null,"url":"\/2.2-2905\/"}],"refers_to":[{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":75224,"section_number":"2.2-3000","catch_line":"Policy of the Commonwealth; responsibilities of state agencies under this chapter","order_by":null,"url":"\/2.2-3000\/"},{"id":63078,"section_number":"54.1-2900","catch_line":"Definitions","order_by":null,"url":"\/54.1-2900\/"}],"permalink":{"id":210185,"object_type":"law","relational_id":81649,"identifier":"37.2-707","token":"37.2\/II\/7\/1\/37.2-707","url":"\/37.2-707\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-707\/","token":"37.2\/II\/7\/1\/37.2-707","dublin_core":{"Title":"Employment and qualifications of directors of state facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-707","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commissioner<\/span> shall employ a director for each state<\/span> facility<\/span> who shall be skilled in facility<\/span> management and administration and who shall meet requirements that may be determined by the Commissioner<\/span>. However, the director need not be a physician.\n\t\tAny director of a state<\/span> facility<\/span> employed or reemployed by the Commissioner<\/span> after July 1, 2002, may be employed as a classified employee or under a contract<\/span> that specifies the terms and conditions of employment, including compensation, benefits, duties and responsibilities, performance standards, evaluation criteria, and contract<\/span> termination and renewal provisions. The length of employment contracts<\/span> shall be two years, with provisions for annual renewals thereafter based on the performance of the incumbent. Any director of a state<\/span> facility<\/span> employed by the Commissioner<\/span> before July 1, 1999, may elect to continue his current employment status subject to the provisions of the Virginia Personnel Act, Chapter 29 (\u00a7 2.2-2900<\/a> et seq.) of Title 2.2, or he may choose to be employed under a contract<\/span>. Any director of a state<\/span> facility<\/span> employed under an employment contract<\/span> shall be exempt from the Virginia Personnel Act, yet he shall remain subject to the provisions of the State<\/span> Grievance Procedure (\u00a7 2.2-3000<\/a> et seq.). Personnel actions under this exemption shall be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, religion, age, disability, or political affiliation.\n\t\tEach director shall be responsible to the Commissioner<\/span> or his designee for the safe, efficient, and effective operation of his state<\/span> facility<\/span>. Each director shall take any actions consistent with law<\/span> necessary to ensure that his facility<\/span> complies with all applicable federal and state<\/span> statutes<\/span>, regulations, policies, and agreements. The Commissioner<\/span> shall evaluate the performance of each director of a state<\/span> facility<\/span> at least annually.\n\t\tWhenever any act required by law<\/span> to be performed by a director employed hereunder constitutes the practice of medicine, as defined in \u00a7 54.1-2900<\/a>, and the director is not a licensed physician, the act shall be performed by a licensed physician designated by the director.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYMENT AND QUALIFICATIONS OF DIRECTORS OF STATE FACILITIES (\u00a7 37.2-707)\n\nThe Commissioner shall employ a director for each state facility who shall be\nskilled in facility management and administration and who shall meet\nrequirements that may be determined by the Commissioner. However, the director\nneed not be a physician.\n\t\tAny director of a state facility employed or reemployed by the Commissioner\nafter July 1, 2002, may be employed as a classified employee or under a contract\nthat specifies the terms and conditions of employment, including compensation,\nbenefits, duties and responsibilities, performance standards, evaluation\ncriteria, and contract termination and renewal provisions. The length of\nemployment contracts shall be two years, with provisions for annual renewals\nthereafter based on the performance of the incumbent. Any director of a state\nfacility employed by the Commissioner before July 1, 1999, may elect to continue\nhis current employment status subject to the provisions of the Virginia\nPersonnel Act, Chapter 29 (\u00a7 2.2-2900 et seq.) of Title 2.2, or he may choose\nto be employed under a contract. Any director of a state facility employed under\nan employment contract shall be exempt from the Virginia Personnel Act, yet he\nshall remain subject to the provisions of the State Grievance Procedure (\u00a7\n2.2-3000 et seq.). Personnel actions under this exemption shall be taken without\nregard to race, sex, sexual orientation, gender identity, color, national\norigin, religion, age, disability, or political affiliation.\n\t\tEach director shall be responsible to the Commissioner or his designee for the\nsafe, efficient, and effective operation of his state facility. Each director\nshall take any actions consistent with law necessary to ensure that his facility\ncomplies with all applicable federal and state statutes, regulations, policies,\nand agreements. The Commissioner shall evaluate the performance of each director\nof a state facility at least annually.\n\t\tWhenever any act required by law to be performed by a director employed\nhereunder constitutes the practice of medicine, as defined in \u00a7 54.1-2900, and\nthe director is not a licensed physician, the act shall be performed by a\nlicensed physician designated by the director.\n\nHISTORY: 1978, c. 213, \u00a7 37.1-42.2; 1980, c. 582; 1999, c. 576; 2000, cc. 565,\n610; 2002, cc. 271, 572; 2005, c. 716; 2020, c. 1137.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}