                                 CODE OF VIRGINIA

EMPLOYMENT AND QUALIFICATIONS OF DIRECTORS OF STATE FACILITIES (§ 37.2-707)

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.
		Any 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 (§ 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 (§
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.
		Each 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.
		Whenever any act required by law to be performed by a director employed
hereunder constitutes the practice of medicine, as defined in § 54.1-2900, and
the director is not a licensed physician, the act shall be performed by a
licensed physician designated by the director.

HISTORY: 1978, c. 213, § 37.1-42.2; 1980, c. 582; 1999, c. 576; 2000, cc. 565,
610; 2002, cc. 271, 572; 2005, c. 716; 2020, c. 1137.