{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1808.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1808.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1808.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1808.html"}],"law_id":86327,"edition_id":1,"section_id":86327,"structure_id":13168,"section_number":"63.2-1808","catch_line":"Rights and responsibilities of residents of assisted living facilities; certification of licensure","history":"1984, c. 677, \u00a7 63.1-182.1; 1989, c. 271; 1990, c. 458; 1992, c. 356; 1993, cc. 957, 993; 1997, c. 801; 2000, c. 177; 2002, cc. 45, 572, 747; 2004, c. 855; 2006, c. 396; 2007, cc. 120, 163; 2013, cc. 320, 571; 2023, c. 183.","full_text":"A\n\nAny resident of an assisted living facility has the rights and responsibilities enumerated in this section. The operator or administrator of an assisted living facility shall establish written policies and procedures to ensure that, at the minimum, each person who becomes a resident of the assisted living facility:1\n\nIs fully informed, prior to or at the time of admission and during the resident’s stay, of his rights and of all rules and expectations governing the resident’s conduct, responsibilities, and the terms of the admission agreement; evidence of this shall be the resident’s written acknowledgment of having been so informed, which shall be filed in his record;2\n\nIs fully informed, prior to or at the time of admission and during the resident’s stay, of services available in the facility and of any related charges; this shall be reflected by the resident’s signature on a current resident’s agreement retained in the resident’s file;3\n\nUnless a committee or conservator has been appointed, is free to manage his personal finances and funds regardless of source; is entitled to access to personal account statements reflecting financial transactions made on his behalf by the facility; and is given at least a quarterly accounting of financial transactions made on his behalf when a written delegation of responsibility to manage his financial affairs is made to the facility for any period of time in conformance with state law;4\n\nIs afforded confidential treatment of his personal affairs and records and may approve or refuse their release to any individual outside the facility except as otherwise provided in law and except in case of his transfer to another care-giving facility;5\n\nIs transferred or discharged only when provided with a statement of reasons, or for nonpayment for his stay, and is given reasonable advance notice; upon notice of discharge or upon giving reasonable advance notice of his desire to move, shall be afforded reasonable assistance to ensure an orderly transfer or discharge; such actions shall be documented in his record;6\n\nIn the event a medical condition should arise while he is residing in the facility, is afforded the opportunity to participate in the planning of his program of care and medical treatment at the facility and the right to refuse treatment;7\n\nIs not required to perform services for the facility except as voluntarily contracted pursuant to a voluntary agreement for services that states the terms of consideration or remuneration and is documented in writing and retained in his record;8\n\nIs free to select health care services from reasonably available resources;9\n\nIs free to refuse to participate in human subject experimentation or to be party to research in which his identity may be ascertained;10\n\nIs free from mental, emotional, physical, sexual, and economic abuse or exploitation; is free from forced isolation, threats or other degrading or demeaning acts against him; and his known needs are not neglected or ignored by personnel of the facility;11\n\nIs treated with courtesy, respect, and consideration as a person of worth, sensitivity, and dignity;12\n\nIs encouraged, and informed of appropriate means as necessary, throughout the period of stay to exercise his rights as a resident and as a citizen; to this end, he is free to voice grievances and recommend changes in policies and services, free of coercion, discrimination, threats or reprisal;13\n\nIs permitted to retain and use his personal clothing and possessions as space permits unless to do so would infringe upon rights of other residents;14\n\nIs encouraged to function at his highest mental, emotional, physical and social potential;15\n\nIs free of physical or mechanical restraint except in the following situations and with appropriate safeguards:\n\t\t\t\ta. As necessary for the facility to respond to unmanageable behavior in an emergency situation, which threatens the immediate safety of the resident or others;\n\t\t\t\tb. As medically necessary, as authorized in writing by a physician, to provide physical support to a weakened resident;16\n\nIs free of prescription drugs except where medically necessary, specifically prescribed, and supervised by the attending physician, physician assistant, or advanced practice registered nurse;17\n\nIs accorded respect for ordinary privacy in every aspect of daily living, including but not limited to the following:\n\t\t\t\ta. In the care of his personal needs except as assistance may be needed;\n\t\t\t\tb. In any medical examination or health-related consultations the resident may have at the facility;\n\t\t\t\tc. In communications, in writing or by telephone;\n\t\t\t\td. During visitations with other persons;\n\t\t\t\te. In the resident’s room or portion thereof; residents shall be permitted to have guests or other residents in their rooms unless to do so would infringe upon the rights of other residents; staff may not enter a resident’s room without making their presence known except in an emergency or in accordance with safety oversight requirements included in regulations of the Board;\n\t\t\t\tf. In visits with his spouse; if both are residents of the facility they are permitted but not required to share a room unless otherwise provided in the residents’ agreements;18\n\nIs permitted to meet with and participate in activities of social, religious, and community groups at his discretion unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;19\n\nIs fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay, that he should exercise whatever due diligence he deems necessary with respect to information on any sex offenders registered pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to obtain such information. Upon request, the assisted living facility shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information; and20\n\nIs informed, in writing and upon request, of whether the assisted living facility maintains the minimum liability coverage, as established by the Board pursuant to subdivision A 10 of § 63.2-1805.B\n\nIf the resident is unable to fully understand and exercise the rights and responsibilities contained in this section, the facility shall require that a responsible individual, of the resident’s choice when possible, designated in writing in the resident’s record, be made aware of each item in this section and the decisions that affect the resident or relate to specific items in this section; a resident shall be assumed capable of understanding and exercising these rights unless a physician determines otherwise and documents the reasons for such determination in the resident’s record.C\n\nThe rights and responsibilities of residents shall be printed in at least 12-point type and posted conspicuously in a public place in all assisted living facilities. The facility shall also post the name and telephone number of the regional licensing supervisor of the Department, the Adult Protective Services’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program, any sub-state ombudsman program serving the area, and the toll-free number of the Commonwealth’s designated protection and advocacy system.D\n\nThe facility shall make its policies and procedures for implementing this section available and accessible to residents, relatives, agencies, and the general public.E\n\nThe provisions of this section shall not be construed to restrict or abridge any right that any resident has under law.F\n\nEach facility shall provide appropriate staff training to implement each resident’s rights included in this section.G\n\nThe Board shall adopt regulations as necessary to carry out the full intent of this section.H\n\nIt shall be the responsibility of the Commissioner to ensure that the provisions of this section are observed and implemented by assisted living facilities as a condition to the issuance, renewal, or continuation of the license required by this article.","order_by":null,"text":{"0":{"id":309163,"text":"Any resident of an assisted living facility has the rights and responsibilities enumerated in this section. The operator or administrator of an assisted living facility shall establish written policies and procedures to ensure that, at the minimum, each person who becomes a resident of the assisted living facility:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":309164,"text":"Is fully informed, prior to or at the time of admission and during the resident’s stay, of his rights and of all rules and expectations governing the resident’s conduct, responsibilities, and the terms of the admission agreement; evidence of this shall be the resident’s written acknowledgment of having been so informed, which shall be filed in his record;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":309165,"text":"Is fully informed, prior to or at the time of admission and during the resident’s stay, of services available in the facility and of any related charges; this shall be reflected by the resident’s signature on a current resident’s agreement retained in the resident’s file;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":309166,"text":"Unless a committee or conservator has been appointed, is free to manage his personal finances and funds regardless of source; is entitled to access to personal account statements reflecting financial transactions made on his behalf by the facility; and is given at least a quarterly accounting of financial transactions made on his behalf when a written delegation of responsibility to manage his financial affairs is made to the facility for any period of time in conformance with state law;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":309167,"text":"Is afforded confidential treatment of his personal affairs and records and may approve or refuse their release to any individual outside the facility except as otherwise provided in law and except in case of his transfer to another care-giving facility;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":309168,"text":"Is transferred or discharged only when provided with a statement of reasons, or for nonpayment for his stay, and is given reasonable advance notice; upon notice of discharge or upon giving reasonable advance notice of his desire to move, shall be afforded reasonable assistance to ensure an orderly transfer or discharge; such actions shall be documented in his record;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":309169,"text":"In the event a medical condition should arise while he is residing in the facility, is afforded the opportunity to participate in the planning of his program of care and medical treatment at the facility and the right to refuse treatment;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":309170,"text":"Is not required to perform services for the facility except as voluntarily contracted pursuant to a voluntary agreement for services that states the terms of consideration or remuneration and is documented in writing and retained in his record;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":309171,"text":"Is free to select health care services from reasonably available resources;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":309172,"text":"Is free to refuse to participate in human subject experimentation or to be party to research in which his identity may be ascertained;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":309173,"text":"Is free from mental, emotional, physical, sexual, and economic abuse or exploitation; is free from forced isolation, threats or other degrading or demeaning acts against him; and his known needs are not neglected or ignored by personnel of the facility;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":309174,"text":"Is treated with courtesy, respect, and consideration as a person of worth, sensitivity, and dignity;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":309175,"text":"Is encouraged, and informed of appropriate means as necessary, throughout the period of stay to exercise his rights as a resident and as a citizen; to this end, he is free to voice grievances and recommend changes in policies and services, free of coercion, discrimination, threats or reprisal;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":309176,"text":"Is permitted to retain and use his personal clothing and possessions as space permits unless to do so would infringe upon rights of other residents;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":309177,"text":"Is encouraged to function at his highest mental, emotional, physical and social potential;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":309178,"text":"Is free of physical or mechanical restraint except in the following situations and with appropriate safeguards:\n\t\t\t\ta. As necessary for the facility to respond to unmanageable behavior in an emergency situation, which threatens the immediate safety of the resident or others;\n\t\t\t\tb. As medically necessary, as authorized in writing by a physician, to provide physical support to a weakened resident;","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":309179,"text":"Is free of prescription drugs except where medically necessary, specifically prescribed, and supervised by the attending physician, physician assistant, or advanced practice registered nurse;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":309180,"text":"Is accorded respect for ordinary privacy in every aspect of daily living, including but not limited to the following:\n\t\t\t\ta. In the care of his personal needs except as assistance may be needed;\n\t\t\t\tb. In any medical examination or health-related consultations the resident may have at the facility;\n\t\t\t\tc. In communications, in writing or by telephone;\n\t\t\t\td. During visitations with other persons;\n\t\t\t\te. In the resident’s room or portion thereof; residents shall be permitted to have guests or other residents in their rooms unless to do so would infringe upon the rights of other residents; staff may not enter a resident’s room without making their presence known except in an emergency or in accordance with safety oversight requirements included in regulations of the Board;\n\t\t\t\tf. In visits with his spouse; if both are residents of the facility they are permitted but not required to share a room unless otherwise provided in the residents’ agreements;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":309181,"text":"Is permitted to meet with and participate in activities of social, religious, and community groups at his discretion unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":309182,"text":"Is fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay, that he should exercise whatever due diligence he deems necessary with respect to information on any sex offenders registered pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to obtain such information. Upon request, the assisted living facility shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information; and","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":309183,"text":"Is informed, in writing and upon request, of whether the assisted living facility maintains the minimum liability coverage, as established by the Board pursuant to subdivision A 10 of § 63.2-1805.","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"B"},"21":{"id":309184,"text":"If the resident is unable to fully understand and exercise the rights and responsibilities contained in this section, the facility shall require that a responsible individual, of the resident’s choice when possible, designated in writing in the resident’s record, be made aware of each item in this section and the decisions that affect the resident or relate to specific items in this section; a resident shall be assumed capable of understanding and exercising these rights unless a physician determines otherwise and documents the reasons for such determination in the resident’s record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A20","next_prefix":"C"},"22":{"id":309185,"text":"The rights and responsibilities of residents shall be printed in at least 12-point type and posted conspicuously in a public place in all assisted living facilities. The facility shall also post the name and telephone number of the regional licensing supervisor of the Department, the Adult Protective Services’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program, any sub-state ombudsman program serving the area, and the toll-free number of the Commonwealth’s designated protection and advocacy system.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"23":{"id":309186,"text":"The facility shall make its policies and procedures for implementing this section available and accessible to residents, relatives, agencies, and the general public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"24":{"id":309187,"text":"The provisions of this section shall not be construed to restrict or abridge any right that any resident has under law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"25":{"id":309188,"text":"Each facility shall provide appropriate staff training to implement each resident’s rights included in this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"26":{"id":309189,"text":"The Board shall adopt regulations as necessary to carry out the full intent of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"27":{"id":309190,"text":"It shall be the responsibility of the Commissioner to ensure that the provisions of this section are observed and implemented by assisted living facilities as a condition to the issuance, renewal, or continuation of the license required by this article.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1808\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 677 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 1984 \u201cActs\u201d aren\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 1989, chapter 271; in 1990, chapter 458; in 1992, chapter 356; in 1993, chapters 957 and 993; in 1997, chapter 801<\/a>; in 2000, chapter 177<\/a>; in 2002, chapters 45<\/a>, 572<\/a>, and 747<\/a>; in 2004, chapter 855<\/a>; in 2006, chapter 396<\/a>; in 2007, chapters 120<\/a> and 163<\/a>; in 2013, chapters 320<\/a> and 571<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":83472,"section_number":"63.2-1805","catch_line":"Admissions and discharge; mandatory minimum liability insurance","order_by":null,"url":"\/63.2-1805\/"}],"refers_to":[{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":272393,"object_type":"law","relational_id":86327,"identifier":"63.2-1808","token":"63.2\/IV\/18\/1\/63.2-1808","url":"\/63.2-1808\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1808\/","token":"63.2\/IV\/18\/1\/63.2-1808","dublin_core":{"Title":"Rights and responsibilities of residents of assisted living facilities; certification of licensure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1808","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any resident of an assisted living facility<\/span> has the rights and responsibilities enumerated in this section. The operator or administrator of an assisted living facility<\/span> shall establish written policies and procedures to ensure that, at the minimum, each person who becomes a resident of the assisted living facility<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is fully informed, prior to or at the time of admission and during the resident’s stay<\/span>, of his rights and of all rules and expectations governing the resident’s conduct, responsibilities, and the terms of the admission agreement; evidence<\/span> of this shall be the resident’s written acknowledgment of having been so informed, which shall be filed in his record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is fully informed, prior to or at the time of admission and during the resident’s stay<\/span>, of services available in the facility and of any related charges; this shall be reflected by the resident’s signature on a current resident’s agreement retained in the resident’s file; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Unless a committee or conservator has been appointed, is free to manage his personal finances and funds regardless of source; is entitled to access to personal account statements reflecting financial transactions made on his behalf by the facility; and is given at least a quarterly accounting of financial transactions made on his behalf when a written delegation of responsibility to manage his financial affairs is made to the facility for any period of time in conformance with state law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is afforded confidential treatment of his personal affairs and records and may approve or refuse their release to any individual outside the facility except as otherwise provided in law<\/span> and except in case of his transfer to another care-giving facility; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Is transferred or discharged only when provided with a statement of reasons, or for nonpayment for his stay<\/span>, and is given reasonable advance notice; upon notice of discharge or upon giving reasonable advance notice of his desire to move, shall be afforded reasonable assistance to ensure an orderly transfer or discharge; such actions shall be documented in his record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In the event a medical condition should arise while he is residing in the facility, is afforded the opportunity to participate in the planning of his program of care and medical treatment at the facility and the right to refuse treatment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Is not required to perform services for the facility except as voluntarily contracted pursuant to a voluntary agreement for services that states the terms of consideration or remuneration and is documented in writing and retained in his record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Is free to select health care services from reasonably available resources; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Is free to refuse to participate in human subject experimentation or to be party<\/span> to research in which his identity may be ascertained; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Is free from mental, emotional, physical, sexual, and economic abuse or exploitation; is free from forced isolation, threats or other degrading or demeaning acts against him; and his known needs are not neglected or ignored by personnel of the facility; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Is treated with courtesy, respect, and consideration as a person of worth, sensitivity, and dignity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Is encouraged, and informed of appropriate means as necessary, throughout the period of stay<\/span> to exercise his rights as a resident and as a citizen; to this end, he is free to voice grievances and recommend changes in policies and services, free of coercion, discrimination, threats or reprisal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Is permitted to retain and use his personal clothing and possessions<\/span> as space permits unless to do so would infringe upon rights of other residents; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Is encouraged to function at his highest mental, emotional, physical and social potential; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Is free of physical or mechanical restraint except in the following situations and with appropriate safeguards:\n\t\t\t\ta. As necessary for the facility to respond to unmanageable behavior in an emergency situation, which threatens the immediate safety of the resident or others;\n\t\t\t\tb. As medically necessary, as authorized in writing by a physician, to provide physical support to a weakened resident; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Is free of prescription drugs except where medically necessary, specifically prescribed, and supervised by the attending physician, physician assistant, or advanced practice registered nurse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Is accorded respect for ordinary privacy in every aspect of daily living, including but not limited to the following:\n\t\t\t\ta. In the care of his personal needs except as assistance may be needed;\n\t\t\t\tb. In any medical examination or health-related consultations the resident may have at the facility;\n\t\t\t\tc. In communications, in writing or by telephone;\n\t\t\t\td. During visitations with other persons;\n\t\t\t\te. In the resident’s room or portion thereof; residents shall be permitted to have guests or other residents in their rooms unless to do so would infringe upon the rights of other residents; staff may not enter a resident’s room without making their presence known except in an emergency or in accordance with safety oversight requirements included in regulations of the Board<\/span>;\n\t\t\t\tf. In visits with his spouse; if both are residents of the facility they are permitted but not required to share a room unless otherwise provided in the residents’ agreements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Is permitted to meet with and participate in activities of social, religious, and community groups at his discretion unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Is fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay<\/span>, that he should exercise whatever due diligence he deems necessary with respect to information on any sex offenders registered pursuant to Chapter 9 (§ 9.1-900<\/a> et seq.) of Title 9.1, including how to obtain such information. Upon request, the assisted living facility<\/span> shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Is informed, in writing and upon request, of whether the assisted living facility<\/span> maintains the minimum liability coverage, as established by the Board<\/span> pursuant to subdivision A 10 of § 63.2-1805<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the resident is unable to fully understand and exercise the rights and responsibilities contained in this section, the facility shall require that a responsible individual, of the resident’s choice when possible, designated in writing in the resident’s record, be made aware of each item in this section and the decisions that affect the resident or relate to specific items in this section; a resident shall be assumed capable of understanding and exercising these rights unless a physician determines otherwise and documents the reasons for such determination in the resident’s record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The rights and responsibilities of residents shall be printed in at least 12-point type and posted conspicuously in a public place in all assisted living facilities. The facility shall also post the name and telephone number of the regional licensing supervisor of the Department<\/span>, the Adult Protective Services<\/span>’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program, any sub-state ombudsman program serving the area, and the toll-free number of the Commonwealth’s designated protection and advocacy system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The facility shall make its policies and procedures for implementing this section available and accessible to residents, relatives, agencies, and the general public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not be construed to restrict or abridge any right that any resident has under law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Each facility shall provide appropriate staff training to implement each resident’s rights included in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall adopt regulations as necessary to carry out the full intent<\/span> of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> It shall be the responsibility of the Commissioner<\/span> to ensure that the provisions of this section are observed and implemented by assisted living facilities as a condition to the issuance, renewal, or continuation of the license required by this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS AND RESPONSIBILITIES OF RESIDENTS OF ASSISTED LIVING FACILITIES;\nCERTIFICATION OF LICENSURE (\u00a7 63.2-1808)\n\nA. Any resident of an assisted living facility has the rights and\nresponsibilities enumerated in this section. The operator or administrator of an\nassisted living facility shall establish written policies and procedures to\nensure that, at the minimum, each person who becomes a resident of the assisted\nliving facility:\n\n 1. Is fully informed, prior to or at the time of admission and during the\n resident’s stay, of his rights and of all rules and expectations\n governing the resident’s conduct, responsibilities, and the terms of the\n admission agreement; evidence of this shall be the resident’s written\n acknowledgment of having been so informed, which shall be filed in his record;\n\n 2. Is fully informed, prior to or at the time of admission and during the\n resident’s stay, of services available in the facility and of any\n related charges; this shall be reflected by the resident’s signature on\n a current resident’s agreement retained in the resident’s file;\n\n 3. Unless a committee or conservator has been appointed, is free to manage his\n personal finances and funds regardless of source; is entitled to access to\n personal account statements reflecting financial transactions made on his\n behalf by the facility; and is given at least a quarterly accounting of\n financial transactions made on his behalf when a written delegation of\n responsibility to manage his financial affairs is made to the facility for any\n period of time in conformance with state law;\n\n 4. Is afforded confidential treatment of his personal affairs and records and\n may approve or refuse their release to any individual outside the facility\n except as otherwise provided in law and except in case of his transfer to\n another care-giving facility;\n\n 5. Is transferred or discharged only when provided with a statement of\n reasons, or for nonpayment for his stay, and is given reasonable advance\n notice; upon notice of discharge or upon giving reasonable advance notice of\n his desire to move, shall be afforded reasonable assistance to ensure an\n orderly transfer or discharge; such actions shall be documented in his record;\n\n 6. In the event a medical condition should arise while he is residing in the\n facility, is afforded the opportunity to participate in the planning of his\n program of care and medical treatment at the facility and the right to refuse\n treatment;\n\n 7. Is not required to perform services for the facility except as voluntarily\n contracted pursuant to a voluntary agreement for services that states the\n terms of consideration or remuneration and is documented in writing and\n retained in his record;\n\n 8. Is free to select health care services from reasonably available resources;\n\n 9. Is free to refuse to participate in human subject experimentation or to be\n party to research in which his identity may be ascertained;\n\n 10. Is free from mental, emotional, physical, sexual, and economic abuse or\n exploitation; is free from forced isolation, threats or other degrading or\n demeaning acts against him; and his known needs are not neglected or ignored\n by personnel of the facility;\n\n 11. Is treated with courtesy, respect, and consideration as a person of worth,\n sensitivity, and dignity;\n\n 12. Is encouraged, and informed of appropriate means as necessary, throughout\n the period of stay to exercise his rights as a resident and as a citizen; to\n this end, he is free to voice grievances and recommend changes in policies and\n services, free of coercion, discrimination, threats or reprisal;\n\n 13. Is permitted to retain and use his personal clothing and possessions as\n space permits unless to do so would infringe upon rights of other residents;\n\n 14. Is encouraged to function at his highest mental, emotional, physical and\n social potential;\n\n 15. Is free of physical or mechanical restraint except in the following\n situations and with appropriate safeguards:\n \t\t\t\ta. As necessary for the facility to respond to unmanageable behavior in an\n emergency situation, which threatens the immediate safety of the resident or\n others;\n \t\t\t\tb. As medically necessary, as authorized in writing by a physician, to\n provide physical support to a weakened resident;\n\n 16. Is free of prescription drugs except where medically necessary,\n specifically prescribed, and supervised by the attending physician, physician\n assistant, or advanced practice registered nurse;\n\n 17. Is accorded respect for ordinary privacy in every aspect of daily living,\n including but not limited to the following:\n \t\t\t\ta. In the care of his personal needs except as assistance may be needed;\n \t\t\t\tb. In any medical examination or health-related consultations the resident\n may have at the facility;\n \t\t\t\tc. In communications, in writing or by telephone;\n \t\t\t\td. During visitations with other persons;\n \t\t\t\te. In the resident’s room or portion thereof; residents shall be\n permitted to have guests or other residents in their rooms unless to do so\n would infringe upon the rights of other residents; staff may not enter a\n resident’s room without making their presence known except in an\n emergency or in accordance with safety oversight requirements included in\n regulations of the Board;\n \t\t\t\tf. In visits with his spouse; if both are residents of the facility they\n are permitted but not required to share a room unless otherwise provided in\n the residents’ agreements;\n\n 18. Is permitted to meet with and participate in activities of social,\n religious, and community groups at his discretion unless medically\n contraindicated as documented by his physician, physician assistant, or\n advanced practice registered nurse in his medical record;\n\n 19. Is fully informed, as evidenced by the written acknowledgment of the\n resident or his legal representative, prior to or at the time of admission and\n during his stay, that he should exercise whatever due diligence he deems\n necessary with respect to information on any sex offenders registered pursuant\n to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to obtain\n such information. Upon request, the assisted living facility shall assist the\n resident, prospective resident, or the legal representative of the resident or\n prospective resident in accessing this information and provide the resident,\n prospective resident, or the legal representative of the resident or\n prospective resident with printed copies of the requested information; and\n\n 20. Is informed, in writing and upon request, of whether the assisted living\n facility maintains the minimum liability coverage, as established by the Board\n pursuant to subdivision A 10 of § 63.2-1805.\n\nB. If the resident is unable to fully understand and exercise the rights and\nresponsibilities contained in this section, the facility shall require that a\nresponsible individual, of the resident’s choice when possible, designated\nin writing in the resident’s record, be made aware of each item in this\nsection and the decisions that affect the resident or relate to specific items\nin this section; a resident shall be assumed capable of understanding and\nexercising these rights unless a physician determines otherwise and documents\nthe reasons for such determination in the resident’s record.\n\nC. The rights and responsibilities of residents shall be printed in at least\n12-point type and posted conspicuously in a public place in all assisted living\nfacilities. The facility shall also post the name and telephone number of the\nregional licensing supervisor of the Department, the Adult Protective\nServices’ toll-free telephone number, as well as the toll-free telephone\nnumber for the Virginia Long-Term Care Ombudsman Program, any sub-state\nombudsman program serving the area, and the toll-free number of the\nCommonwealth’s designated protection and advocacy system.\n\nD. The facility shall make its policies and procedures for implementing this\nsection available and accessible to residents, relatives, agencies, and the\ngeneral public.\n\nE. The provisions of this section shall not be construed to restrict or abridge\nany right that any resident has under law.\n\nF. Each facility shall provide appropriate staff training to implement each\nresident’s rights included in this section.\n\nG. The Board shall adopt regulations as necessary to carry out the full intent\nof this section.\n\nH. It shall be the responsibility of the Commissioner to ensure that the\nprovisions of this section are observed and implemented by assisted living\nfacilities as a condition to the issuance, renewal, or continuation of the\nlicense required by this article.\n\nHISTORY: 1984, c. 677, \u00a7 63.1-182.1; 1989, c. 271; 1990, c. 458; 1992, c. 356;\n1993, cc. 957, 993; 1997, c. 801; 2000, c. 177; 2002, cc. 45, 572, 747; 2004, c.\n855; 2006, c. 396; 2007, cc. 120, 163; 2013, cc. 320, 571; 2023, c. 183.","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}}