{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1802.html"}],"law_id":66979,"edition_id":1,"section_id":66979,"structure_id":13168,"section_number":"63.2-1802","catch_line":"Safe, secure environments for residents with serious cognitive impairments","history":"Code 1950, \u00a7 63-223; 1954, c. 259; 1968, c. 578, \u00a7 63.1-174; 1973, c. 227; 1991, c. 532; 1993, cc. 957, 993; 1995, c. 649; 1997, c. 397; 2000, cc. 804, 808, 845; 2001, c. 161; 2002, cc. 332, 747; 2003, c. 467; 2019, cc. 97, 294.","full_text":"A\n\nAssisted living facilities may provide safe, secure environments for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia if they comply with the Board’s regulations governing such placement. The Board’s regulations shall define (i) serious cognitive impairment, which shall include, but not be limited to, an assessment by a clinical psychologist licensed to practice in the Commonwealth or by a physician and (ii) safe, secure environment.B\n\nPrior to placing a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia in a safe, secure environment, an assisted living facility shall obtain the written approval of one of the following persons, in the specified order of priority: (i) the resident, if capable of making an informed decision; (ii) a guardian or legal representative for the resident; however, such an appointment shall not be required in order that written approval may be obtained; (iii) a relative authorized pursuant to the Board’s regulations to act as the resident’s representative; or (iv) an independent physician who is skilled and knowledgeable in the diagnosis and treatment of dementia, if a guardian, legal representative or relative is unavailable. Such written approval shall be retained in the resident’s file.C\n\nThe Board of Social Services shall amend 22VAC40-73-1130 governing staffing of units of assisted living facilities with residents who have serious cognitive impairment due to a primary psychiatric diagnosis of dementia and are unable to recognize danger or protect their own safety and welfare to require that the following number of direct care staff members be awake and on duty and responsible for the care and supervision of the residents at all times during night hours:1\n\nWhen 22 or fewer residents are present, at least two direct care staff members;2\n\nWhen 23 to 32 residents are present, at least three direct care staff members;3\n\nWhen 33 to 40 residents are present, at least four direct care staff members; and4\n\nWhen more than 40 residents are present, at least four direct care staff members plus at least one additional direct care staff member for every 10 residents or portion thereof in excess of 40 residents.\n\t\t\t\tNothing in this subsection shall apply to the provisions of 22VAC40-73-280.","order_by":null,"text":{"0":{"id":242793,"text":"Assisted living facilities may provide safe, secure environments for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia if they comply with the Board’s regulations governing such placement. The Board’s regulations shall define (i) serious cognitive impairment, which shall include, but not be limited to, an assessment by a clinical psychologist licensed to practice in the Commonwealth or by a physician and (ii) safe, secure environment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242794,"text":"Prior to placing a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia in a safe, secure environment, an assisted living facility shall obtain the written approval of one of the following persons, in the specified order of priority: (i) the resident, if capable of making an informed decision; (ii) a guardian or legal representative for the resident; however, such an appointment shall not be required in order that written approval may be obtained; (iii) a relative authorized pursuant to the Board’s regulations to act as the resident’s representative; or (iv) an independent physician who is skilled and knowledgeable in the diagnosis and treatment of dementia, if a guardian, legal representative or relative is unavailable. Such written approval shall be retained in the resident’s file.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242795,"text":"The Board of Social Services shall amend 22VAC40-73-1130 governing staffing of units of assisted living facilities with residents who have serious cognitive impairment due to a primary psychiatric diagnosis of dementia and are unable to recognize danger or protect their own safety and welfare to require that the following number of direct care staff members be awake and on duty and responsible for the care and supervision of the residents at all times during night hours:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":242796,"text":"When 22 or fewer residents are present, at least two direct care staff members;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":242797,"text":"When 23 to 32 residents are present, at least three direct care staff members;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":242798,"text":"When 33 to 40 residents are present, at least four direct care staff members; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":242799,"text":"When more than 40 residents are present, at least four direct care staff members plus at least one additional direct care staff member for every 10 residents or portion thereof in excess of 40 residents.\n\t\t\t\tNothing in this subsection shall apply to the provisions of 22VAC40-73-280.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3"}},"ancestry":[{"id":13168,"edition_id":1,"name":"Assisted Living Facilities","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13167,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272351,"object_type":"structure","relational_id":13168,"identifier":"1","token":"63.2\/IV\/18\/1","url":"\/63.2\/IV\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13167,"edition_id":1,"name":"Facilities and Programs","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13166,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272349,"object_type":"structure","relational_id":13167,"identifier":"18","token":"63.2\/IV\/18","url":"\/63.2\/IV\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13166,"edition_id":1,"name":"Licensure","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272143,"object_type":"structure","relational_id":13166,"identifier":"IV","token":"63.2\/IV","url":"\/63.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54185,"structure_id":13168,"section_number":"63.2-1800","catch_line":"Licensure requirements","url":"\/63.2-1800\/","token":"63.2\/IV\/18\/1\/63.2-1800","metadata":false},{"id":57266,"structure_id":13168,"section_number":"63.2-1801","catch_line":"Access to assisted living facilities by community services boards and behavioral health authorities","url":"\/63.2-1801\/","token":"63.2\/IV\/18\/1\/63.2-1801","metadata":false},{"id":66979,"structure_id":13168,"section_number":"63.2-1802","catch_line":"Safe, secure environments for residents with serious cognitive impairments","url":"\/63.2-1802\/","token":"63.2\/IV\/18\/1\/63.2-1802","metadata":false},{"id":79040,"structure_id":13168,"section_number":"63.2-1803","catch_line":"Staffing of assisted living facilities","url":"\/63.2-1803\/","token":"63.2\/IV\/18\/1\/63.2-1803","metadata":false},{"id":54231,"structure_id":13168,"section_number":"63.2-1803.01","catch_line":"Possession or administration of cannabis oil","url":"\/63.2-1803.01\/","token":"63.2\/IV\/18\/1\/63.2-1803.01","metadata":false},{"id":84451,"structure_id":13168,"section_number":"63.2-1803.1","catch_line":"Assisted Living Facility Education, Training, and Technical Assistance Fund established","url":"\/63.2-1803.1\/","token":"63.2\/IV\/18\/1\/63.2-1803.1","metadata":false},{"id":55094,"structure_id":13168,"section_number":"63.2-1804","catch_line":"Uniform assessment instrument","url":"\/63.2-1804\/","token":"63.2\/IV\/18\/1\/63.2-1804","metadata":false},{"id":83472,"structure_id":13168,"section_number":"63.2-1805","catch_line":"Admissions and discharge; mandatory minimum liability insurance","url":"\/63.2-1805\/","token":"63.2\/IV\/18\/1\/63.2-1805","metadata":false},{"id":85956,"structure_id":13168,"section_number":"63.2-1806","catch_line":"Hospice care","url":"\/63.2-1806\/","token":"63.2\/IV\/18\/1\/63.2-1806","metadata":false},{"id":81390,"structure_id":13168,"section_number":"63.2-1807","catch_line":"Certification in cardiopulmonary resuscitation; do not resuscitate orders","url":"\/63.2-1807\/","token":"63.2\/IV\/18\/1\/63.2-1807","metadata":false},{"id":86327,"structure_id":13168,"section_number":"63.2-1808","catch_line":"Rights and responsibilities of residents of assisted living facilities; certification of licensure","url":"\/63.2-1808\/","token":"63.2\/IV\/18\/1\/63.2-1808","metadata":false},{"id":68181,"structure_id":13168,"section_number":"63.2-1808.1","catch_line":"Life-sharing communities","url":"\/63.2-1808.1\/","token":"63.2\/IV\/18\/1\/63.2-1808.1","metadata":false}],"previous_section":{"id":57266,"structure_id":13168,"section_number":"63.2-1801","catch_line":"Access to assisted living facilities by community services boards and behavioral health authorities","url":"\/63.2-1801\/","token":"63.2\/IV\/18\/1\/63.2-1801","metadata":false},"next_section":{"id":79040,"structure_id":13168,"section_number":"63.2-1803","catch_line":"Staffing of assisted living facilities","url":"\/63.2-1803\/","token":"63.2\/IV\/18\/1\/63.2-1803","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1802\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1954, chapter 259; in 1968, chapter 578; in 1973, chapter 227; in 1991, chapter 532; in 1993, chapters 957 and 993; in 1995, chapter 649<\/a>; in 1997, chapter 397<\/a>; in 2000, chapters 804<\/a>, 808<\/a>, and 845<\/a>; in 2001, chapter 161<\/a>; in 2002, chapters 332<\/a> and 747<\/a>; in 2003, chapter 467<\/a>; in 2019, chapters 97<\/a> and 294<\/a>.<\/p>","references":[{"id":80019,"section_number":"51.5-152","catch_line":"Powers and duties of the Department with respect to Alzheimer's disease and related disorders","order_by":null,"url":"\/51.5-152\/"}],"refers_to":false,"permalink":{"id":272361,"object_type":"law","relational_id":66979,"identifier":"63.2-1802","token":"63.2\/IV\/18\/1\/63.2-1802","url":"\/63.2-1802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1802\/","token":"63.2\/IV\/18\/1\/63.2-1802","dublin_core":{"Title":"Safe, secure environments for residents with serious cognitive impairments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Assisted living facilities may provide safe, secure environments for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia if they comply with the Board<\/span>’s regulations governing such placement. The Board<\/span>’s regulations shall define (i) serious cognitive impairment, which shall include, but not be limited to, an assessment by a clinical psychologist licensed to practice in the Commonwealth or by a physician and (ii) safe, secure environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to placing a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia in a safe, secure environment, an assisted living facility<\/span> shall obtain the written approval of one of the following persons, in the specified order<\/span> of priority: (i) the resident, if capable of making an informed decision; (ii) a guardian or legal representative for the resident; however, such an appointment shall not be required in order<\/span> that written approval may be obtained; (iii) a relative authorized pursuant to the Board<\/span>’s regulations to act as the resident’s representative; or (iv) an independent physician<\/span> who is skilled and knowledgeable in the diagnosis and treatment of dementia, if a guardian, legal representative or relative is unavailable. Such written approval shall be retained in the resident’s file. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> of Social Services<\/span> shall amend<\/span> 22VAC40-73-1130 governing staffing of units of assisted living facilities with residents who have serious cognitive impairment due to a primary psychiatric diagnosis of dementia and are unable to recognize danger or protect their own safety and welfare to require that the following number of direct care staff members be awake and on duty and responsible for the care and supervision of the residents at all times during night hours: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When 22 or fewer residents are present, at least two direct care staff members; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When 23 to 32 residents are present, at least three direct care staff members; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When 33 to 40 residents are present, at least four direct care staff members; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> When more than 40 residents are present, at least four direct care staff members plus at least one additional direct care staff member for every 10 residents or portion thereof in excess of 40 residents.\n\t\t\t\tNothing in this subsection shall apply to the provisions of 22VAC40-73-280. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAFE, SECURE ENVIRONMENTS FOR RESIDENTS WITH SERIOUS COGNITIVE IMPAIRMENTS (\u00a7\n63.2-1802)\n\nA. Assisted living facilities may provide safe, secure environments for\nresidents with serious cognitive impairments due to a primary psychiatric\ndiagnosis of dementia if they comply with the Board’s regulations\ngoverning such placement. The Board’s regulations shall define (i) serious\ncognitive impairment, which shall include, but not be limited to, an assessment\nby a clinical psychologist licensed to practice in the Commonwealth or by a\nphysician and (ii) safe, secure environment.\n\nB. Prior to placing a resident with a serious cognitive impairment due to a\nprimary psychiatric diagnosis of dementia in a safe, secure environment, an\nassisted living facility shall obtain the written approval of one of the\nfollowing persons, in the specified order of priority: (i) the resident, if\ncapable of making an informed decision; (ii) a guardian or legal representative\nfor the resident; however, such an appointment shall not be required in order\nthat written approval may be obtained; (iii) a relative authorized pursuant to\nthe Board’s regulations to act as the resident’s representative; or\n(iv) an independent physician who is skilled and knowledgeable in the diagnosis\nand treatment of dementia, if a guardian, legal representative or relative is\nunavailable. Such written approval shall be retained in the resident’s\nfile.\n\nC. The Board of Social Services shall amend 22VAC40-73-1130 governing staffing\nof units of assisted living facilities with residents who have serious cognitive\nimpairment due to a primary psychiatric diagnosis of dementia and are unable to\nrecognize danger or protect their own safety and welfare to require that the\nfollowing number of direct care staff members be awake and on duty and\nresponsible for the care and supervision of the residents at all times during\nnight hours:\n\n 1. When 22 or fewer residents are present, at least two direct care staff\n members;\n\n 2. When 23 to 32 residents are present, at least three direct care staff\n members;\n\n 3. When 33 to 40 residents are present, at least four direct care staff\n members; and\n\n 4. When more than 40 residents are present, at least four direct care staff\n members plus at least one additional direct care staff member for every 10\n residents or portion thereof in excess of 40 residents.\n \t\t\t\tNothing in this subsection shall apply to the provisions of\n 22VAC40-73-280.\n\nHISTORY: Code 1950, \u00a7 63-223; 1954, c. 259; 1968, c. 578, \u00a7 63.1-174; 1973, c.\n227; 1991, c. 532; 1993, cc. 957, 993; 1995, c. 649; 1997, c. 397; 2000, cc.\n804, 808, 845; 2001, c. 161; 2002, cc. 332, 747; 2003, c. 467; 2019, cc. 97,\n294.","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}}