                                 CODE OF VIRGINIA

STAFFING OF ASSISTED LIVING FACILITIES (§ 63.2-1803)

A. An administrator of an assisted living facility shall be licensed as an
assisted living facility administrator by the Virginia Board of Long-Term Care
Administrators pursuant to Chapter 31 (&#xA7; 54.1-3100 et seq.) of Title 54.1.
However, an administrator of an assisted living facility licensed for
residential living care only shall not be required to be licensed. Any person
meeting the qualifications for a licensed nursing home administrator under
&#xA7; 54.1-3103 shall be deemed qualified to (i) serve as an administrator of
an assisted living facility or (ii) serve as the administrator of both an
assisted living facility and a licensed nursing home, provided the assisted
living facility and licensed nursing home are part of the same building.

B. If a licensed assisted living facility administrator dies, resigns, is
discharged, or becomes unable to perform his duties, the assisted living
facility shall immediately employ a licensed administrator or appoint an acting
administrator who is qualified by education for an approved
administrator-in-training program and has a minimum of one year of
administrative or supervisory experience in a health care or long-term care
facility, or has completed such a program and is awaiting licensure. The
facility shall give immediate notice to the regional licensing office of the
Department of Social Services and to the Board of Long-Term Care Administrators
that the licensed administrator died, resigned, was discharged, or became unable
to perform his duties and shall provide the last date of employment of the
licensed administrator. When an acting administrator is named, he shall notify
the Department of his employment and, if intending to assume the position
permanently, submit a completed application for an approved
administrator-in-training program to the Board of Long-Term Care Administrators
within 10 days of employment. An assisted living facility may be operated by an
acting administrator for no more than 150 days, or not more than 90 days if the
acting administrator has not applied for licensure, from the last date of
employment of the licensed administrator.

C. The Department may grant an extension of up to 30 days in addition to the 150
days from the last date of employment of a licensed administrator if the acting
administrator has applied for licensure as a long-term care administrator
pursuant to Chapter 31 (&#xA7; 54.1-3100 et seq.) of Title 54.1, has completed
the administrator-in-training program, and is awaiting the results of the
national examination. If a 30-day extension is granted, the acting administrator
shall immediately submit written notice to the Board of Long-Term Care
Administrators. In no case shall an assisted living facility be operated with an
acting administrator for more than 180 days, including the 30-day extension,
from the last date of employment of a licensed administrator.

D. No assisted living facility shall operate under the supervision of an acting
administrator pursuant to &#xA7; 54.1-3103.1 and this section more than two
times during any two-year period unless authorized to do so by the Department.
Determinations regarding authorization to operate under the supervision of an
acting administrator for more than two times in any two-year period shall be
made by the Department on a case-by-case basis.

E. The assisted living facility shall have adequate, appropriate, and sufficient
staff to provide services to attain and maintain (i) the physical, mental and
psychosocial well-being of each resident as determined by resident assessments
and individual plans of care and (ii) the physical safety of the residents on
the premises. Upon admission and upon request, the assisted living facility
shall provide in writing a description of the types of staff working in the
facility and the services provided, including the hours such services are
available.

HISTORY: Code 1950, §§ 63-222,  63-223; 1954, c. 259; 1968, c. 578, §§
63.1-172,  63.1-174; 1972, c. 718; 1973, c. 227; 1975, c. 437; 1977, c. 105;
1985, cc. 17, 518; 1991, c. 532; 1992, c. 356; 1993, cc. 957, 993; 1994, c. 107;
1995, c. 649; 1997, c. 397; 1998, cc. 552, 850; 2000, cc. 804, 808, 845; 2001,
c. 161; 2002, c. 747; 2003, c. 467; 2005, cc. 610, 924; 2011, c. 609; 2019, c.
448.