                                 CODE OF VIRGINIA

LICENSES REQUIRED; ISSUANCE, EXPIRATION, AND RENEWAL; MAXIMUM NUMBER OF
RESIDENTS, PARTICIPANTS OR CHILDREN; POSTING OF LICENSES (§ 63.2-1701)

A. As used in this section, &#8220;person&#8221; means any individual;
corporation; partnership; association; limited liability company; local
government; state agency, including any department, institution, authority,
instrumentality, board, or other administrative agency of the Commonwealth; or
other legal or commercial entity that operates or maintains a child welfare
agency, adult day center, or assisted living facility.

B. Every person who constitutes, or who operates or maintains, an assisted
living facility, adult day center, or child welfare agency shall obtain the
appropriate license from the Commissioner, which may be renewed. However, no
license shall be required for an adult day center that provides services only to
individuals enrolled in a Programs of All-Inclusive Care for the Elderly program
operated in accordance with an agreement between the provider, the Department of
Medical Assistance Services and the Centers for Medicare and Medicaid Services.
The Commissioner, upon request, shall consult with, advise, and assist any
person interested in securing and maintaining any such license. Each application
for a license shall be made to the Commissioner, in such form as he may
prescribe. It shall contain the name and address of the applicant and, if the
applicant is an association, partnership, limited liability company, or
corporation, the names and addresses of its officers and agents. The application
shall also contain a description of the activities proposed to be engaged in and
the facilities and services to be employed, together with other pertinent
information as the Commissioner may require. In the case of an application for
licensure as a children&#8217;s residential facility, the application shall also
contain information regarding any complaints, enforcement actions, or sanctions
against a license to operate a children&#8217;s residential facility held by the
applicant in another state.

C. The licenses shall be issued on forms prescribed by the Commissioner. Any two
or more licenses may be issued for concurrent operation of more than one
assisted living facility, adult day center, or child welfare agency, but each
license shall be issued upon a separate form. Each license and renewals thereof
for an assisted living facility, adult day center, or child welfare agency may
be issued for periods of up to three successive years, unless sooner revoked or
surrendered.

D. The length of each license or renewal thereof for an assisted living facility
shall be based on the judgment of the Commissioner regarding the compliance
history of the facility and the extent to which it meets or exceeds state
licensing standards. On the basis of this judgment, the Commissioner may issue
licenses or renewals thereof for periods of six months, one year, two years, or
three years.

E. The Commissioner may extend or shorten the duration of licensure periods for
a child welfare agency whenever, in his sole discretion, it is administratively
necessary to redistribute the workload for greater efficiency in staff
utilization.

F. Each license shall indicate the maximum number of persons who may be cared
for in the assisted living facility, adult day center, or child welfare agency
for which it is issued.

G. The license and any other documents required by the Commissioner shall be
posted in a conspicuous place on the licensed premises.

H. Every person issued a license that has not been suspended or revoked shall
renew such license prior to its expiration.

I. Officers, employees, or agents of the Commonwealth, or of any county, city,
or town acting within the scope of their authority as such, who serve as or
maintain a child-placing agency shall not be required to be licensed.

HISTORY: Code 1950, §§ 63-23.1, 63-233, 63-234; 1954, c. 259; 1968, cc. 578,
585, §§ 63.1-175, 63.1-196, 63.1-197; 1972, c. 540, § 63.1-196.1; 1973, c.
227; 1974 c. 419; 1975 c. 386; 1979, cc. 461, 483; 1981, c. 222; 1983, c. 153;
1985 c. 384; 1987, cc. 693, 698; 1991, c. 532; 1992, cc. 356, 666, §
63.1-194.5; 1993, cc. 730, 742, 957, 993; 1994, c. 686; 1996, c. 747; 1999, cc.
740, 964; 2000, cc. 178, 203; 2002 cc. 380, 747; 2016, c. 22; 2017, c. 196;
2018, c. 274; 2020, cc. 723, 860, 861; 2024, cc. 37, 150.