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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>81649</law_id><section_number>37.2-707</section_number><catch_line>Employment and qualifications of directors of state facilities</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-2905</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="37.2">Behavioral Health and Developmental Services</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Behavioral Health and Developmental Services</unit><unit label="chapter" level="3" order_by="1" identifier="7">State Facilities</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>The <span class="dictionary">Commissioner</span> shall employ a director for each <span class="dictionary">state</span> <span class="dictionary">facility</span> who shall be skilled in <span class="dictionary">facility</span> management and administration and who shall meet requirements that may be determined by the <span class="dictionary">Commissioner</span>. However, the director need not be a physician.
		Any director of a <span class="dictionary">state</span> <span class="dictionary">facility</span> employed or reemployed by the <span class="dictionary">Commissioner</span> after July 1, 2002, may be employed as a classified employee or under a <span class="dictionary">contract</span> that specifies the terms and conditions of employment, including compensation, benefits, duties and responsibilities, performance standards, evaluation criteria, and <span class="dictionary">contract</span> termination and renewal provisions. The length of employment <span class="dictionary">contracts</span> shall be two years, with provisions for annual renewals thereafter based on the performance of the incumbent. Any director of a <span class="dictionary">state</span> <span class="dictionary">facility</span> employed by the <span class="dictionary">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 (&#xA7;&#xA0;<a class="law" title="Short title; purpose" href="/2.2-2900/">2.2-2900</a> et seq.) of Title 2.2, or he may choose to be employed under a <span class="dictionary">contract</span>. Any director of a <span class="dictionary">state</span> <span class="dictionary">facility</span> employed under an employment <span class="dictionary">contract</span> shall be exempt from the Virginia Personnel Act, yet he shall remain subject to the provisions of the <span class="dictionary">State</span> Grievance Procedure (&#xA7;&#xA0;<a class="law" title="Policy of the Commonwealth; responsibilities of state agencies under this chapter" href="/2.2-3000/">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.
		Each director shall be responsible to the <span class="dictionary">Commissioner</span> or his designee for the safe, efficient, and effective operation of his <span class="dictionary">state</span> <span class="dictionary">facility</span>. Each director shall take any actions consistent with <span class="dictionary">law</span> necessary to ensure that his <span class="dictionary">facility</span> complies with all applicable federal and <span class="dictionary">state</span> <span class="dictionary">statutes</span>, regulations, policies, and agreements. The <span class="dictionary">Commissioner</span> shall evaluate the performance of each director of a <span class="dictionary">state</span> <span class="dictionary">facility</span> at least annually.
		Whenever any act required by <span class="dictionary">law</span> to be performed by a director employed hereunder constitutes the practice of medicine, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/54.1-2900/">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></text><history>1978, c. 213, &#xA7; 37.1-42.2; 1980, c. 582; 1999, c. 576; 2000, cc. 565, 610; 2002, cc. 271, 572; 2005, c. 716; 2020, c. 1137.</history><metadata></metadata></law>
