                                 CODE OF VIRGINIA

REGULATIONS FOR ASSISTED LIVING FACILITIES (§ 63.2-1732)

A. The Board shall have the authority to adopt and enforce regulations to carry
out the provisions of this subtitle and to protect the health, safety, welfare,
and individual rights of residents of assisted living facilities and to promote
their highest level of functioning. Such regulations shall take into
consideration cost constraints of smaller operations in complying with such
regulations and shall provide a procedure whereby a licensee or applicant may
request, and the Commissioner may grant, an allowable variance to a regulation
pursuant to &#xA7; 63.2-1703.

B. Regulations shall include standards for staff qualifications and training;
facility design, functional design, and equipment; services to be provided to
residents; administration of medicine; allowable medical conditions for which
care can be provided; and medical procedures to be followed by staff, including
provisions for physicians&#8217; services, restorative care, and specialized
rehabilitative services. The Board shall adopt regulations on qualifications and
training for employees of an assisted living facility in a direct care position.
&#8220;Direct care position&#8221; means supervisors, assistants, aides, or
other employees of a facility who assist residents in their daily living
activities.

C. Regulations for a Medication Management Plan in a licensed assisted living
facility shall be developed by the Board, in consultation with the Board of
Nursing and the Board of Pharmacy. Such regulations shall (i) establish the
elements to be contained within a Medication Management Plan, including a
demonstrated understanding of the responsibilities associated with medication
management by the facility; standard operating and record-keeping procedures;
staff qualifications, training and supervision; documentation of daily
medication administration; and internal monitoring of plan conformance by the
facility; (ii) include a requirement that each assisted living facility shall
establish and maintain a written Medication Management Plan that has been
approved by the Department; and (iii) provide that a facility&#8217;s failure to
conform to any approved Medication Management Plan shall be subject to the
sanctions set forth in &#xA7; 63.2-1709 or 63.2-1709.2.

D. The Board shall amend 22VAC40-73-450 governing assisted living facility
individualized service plans to require (i) that individualized service plans be
reviewed and updated (a) at least once every 12 months or (b) sooner if
modifications to the plan are needed due to a significant change, as defined in
22VAC40-73-10, in the resident&#8217;s condition and (ii) that any deviation
from the individualized service plan (a) be documented in writing or
electronically, (b) include a description of the circumstances warranting
deviation and the date such deviation will occur, (c) certify that notice of
such deviation was provided to the resident or his legal representative, (d) be
included in the resident&#8217;s file, and (e) in the case of deviations that
are made due to a significant change in the resident&#8217;s condition, be
signed by an authorized representative of the assisted living facility and the
resident or his legal representative.

E. Regulations shall require all licensed assisted living facilities with six or
more residents to be able to connect by July 1, 2007, to a temporary emergency
electrical power source for the provision of electricity during an interruption
of the normal electric power supply. The installation shall be in compliance
with the Uniform Statewide Building Code.

F. Regulations for medical procedures in assisted living facilities shall be
developed in consultation with the State Board of Health and adopted by the
Board, and compliance with these regulations shall be determined by Department
of Health or Department inspectors as provided by an interagency agreement
between the Department and the Department of Health.

G. In developing regulations to determine the number of assisted living
facilities for which an assisted living facility administrator may serve as
administrator of record, the Board shall consider (i) the number of residents in
each of the facilities, (ii) the travel time between each of the facilities, and
(iii) the qualifications of the on-site manager under the supervision of the
administrator of record.

H. Regulations shall require that each assisted living facility register with
the Department of State Police to receive notice of the registration,
reregistration, or verification of registration information of any person
required to register with the Sex Offender and Crimes Against Minors Registry
pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1 within the same or a
contiguous zip code area in which the facility is located, pursuant to &#xA7;
9.1-914.

I. Regulations shall require that each assisted living facility ascertain, prior
to admission, whether a potential resident is required to register with the Sex
Offender and Crimes Against Minors Registry pursuant to Chapter 9 (&#xA7;
9.1-900 et seq.) of Title 9.1, if the facility anticipates the potential
resident will have a length of stay greater than three days or in fact stays
longer than three days.

J. During a declared public health emergency related to a communicable disease
of public health threat, regulations shall require each assisted living facility
to establish a protocol to allow residents to receive visits from a rabbi,
priest, minister, or clergy of any religious denomination or sect consistent
with guidance from the Centers for Disease Control and Prevention and the
Centers for Medicare and Medicaid Services and subject to compliance with any
executive order, order of public health, Department guidance, or any other
applicable federal or state guidance having the effect of limiting visitation.
Such protocol may restrict the frequency and duration of visits and may require
visits to be conducted virtually using interactive audio or video technology.
Any such protocol may require the person visiting a resident pursuant to this
subsection to comply with all reasonable requirements of the assisted living
facility adopted to protect the health and safety of the person, residents, and
staff of the assisted living facility.

HISTORY: Code 1950, § 63-223; 1954, c. 259; 1968, c. 578, § 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, c. 747; 2004, c. 673; 2005, cc. 610, 924;
2007, cc. 119, 164; 2020, cc. 829, 938; 2021, Sp. Sess. I, c. 525.