Final Text
Part I
Introduction
22VAC40-90-10. Definitions.
The following words and terms when used in conjunction with this chapter shall have the following meanings:
"Applicant for licensure" means the entity applying for approval as a licensed assisted living facility. An applicant may be an individual, association, partnership, limited liability company, corporation or public agency.
"Barrier crimes" means certain crimes that
automatically bar individuals convicted of same from employment at a licensed
assisted living facility or adult day care center and that automatically bar
licensure of applicants convicted of same from assisted living facility
licensure. These crimes, as specified by § 63.2-1719 § 19.2-392.02
of the Code of Virginia, are felony violations of a protective order as set
out in § 16.1-253.2; murder or manslaughter as set out in Article 1
(§ 18.2-30 et seq.) of Chapter 4 of Title 18.2; malicious wounding by mob
as set out in § 18.2-41; abduction as set out in subsection A or B of
§ 18.2-47; abduction for immoral purposes as set out in § 18.2-48;
assaults and bodily woundings as set out in Article 4 (§ 18.2-51 et seq.)
of Chapter 4 of Title 18.2; robbery as set out in § 18.2-58; carjacking as
set out in § 18.2-58.1; extortion by threat as set out in § 18.2-59;
threats of death or bodily injury as set out in § 18.2-60; felony stalking
as set out in § 18.2-60.3; felony violation of a protective order as set
out in § 18.2-60.4; sexual assault as set out in Article 7 (§ 18.2-61
et seq.) of Chapter 4 of Title 18.2; arson as set out in Article 1
(§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; drive-by shooting as set
out in § 18.2-286.1; use of a machine gun in a crime of violence as set
out in § 18.2-289; aggressive use of a machine gun as set out in
§ 18.2-290; use of a sawed-off shotgun in a crime of violence as set out
in subsection A of § 18.2-300; pandering as set out in § 18.2-355;
crimes against nature involving children as set out in § 18.2-361; incest
as set out in § 18.2-366; taking indecent liberties with children as set
out in § 18.2-370 or § 18.2-370.1; abuse and neglect of children as
set out in § 18.2-371.1; failure to secure medical attention for an
injured child as set out in § 18.2-314; obscenity offenses as set out in
§ 18.2-374.1; possession of child pornography as set out in
§ 18.2-374.1:1; electronic facilitation of pornography as set out in
§ 18.2-374.3; abuse and neglect of incapacitated adults as set out in
§ 18.2-369; employing or permitting a minor to assist in an act
constituting an offense under Article 5 (§ 18.2-372 et seq.) of Chapter 8
of Title 18.2 as set out in § 18.2-379; delivery of drugs to prisoners as
set out in § 18.2-474.1; escape from jail as set out in § 18.2-477;
felonies by prisoners as set out in § 53.1-203; or an equivalent offense
in another state a felony violation of § 16.1-253.2; any violation
of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, 18.2-35,
18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony violation of
§ 18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any violation of
§ 18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of subsection A or B
of § 18.2-47; any violation of § 18.2-48, 18.2-49, or 18.2-50.3; any
violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4,
18.2-51.5, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1,
18.2-54.2, 18.2-55, 18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2, 18.2-57,
18.2-57.01, 18.2-57.02, 18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59, 18.2-60, or
18.2-60.1; any felony violation of § 18.2-60.3 or 18.2-60.4; any violation
of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2,
18.2-67.3, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-67.5:1,
18.2-67.5:2, 18.2-67.5:3, 18.2-77, 18.2-79, 18.2-80, 18.2-81, 18.2-82, 18.2-83,
18.2-84, 18.2-85, 18.2-86, 18.2-87, 18.2-87.1, or 18.2-88; any felony violation
of § 18.2-279, 18.2-280, 18.2-281, 18.2-282, 18.2-282.1, 18.2-286.1, or
18.2-287.2; any violation of § 18.2-289, 18.2-290, 18.2-300, 18.2-308.4,
or 18.2-314; any felony violation of § 18.2-346; any violation of
§ 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of subsection
B of § 18.2-361; any violation of § 18.2-366, 18.2-369, 18.2-370,
18.2-370.1, 18.2-370.2, 18.2-370.3, 18.2-370.4, 18.2-370.5, 18.2-370.6,
18.2-371.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-374.4, 18.2-379,
18.2-386.1, or 18.2-386.2; any felony violation of § 18.2-405 or 18.2-406;
any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1,
18.2-423.2, 18.2-433.2, 18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1,
18.2-477.2, 18.2-478, 18.2-479, 18.2-480, 18.2-481, 18.2-484, 18.2-485,
37.2-917, or 53.1-203; or any substantially similar offense under the laws of
another jurisdiction. Applicants for employment A licensed
assisted living facility or adult day care center may hire an applicant or
continue to employ a person convicted of one misdemeanor barrier crime not
involving abuse or neglect may be hired, or any substantially similar
offense under the laws of another jurisdiction, if five years have elapsed
following the conviction.
"Central Criminal Records Exchange" means the information system containing conviction data of those crimes committed in Virginia, maintained by the Department of State Police, through which the criminal history record request form is processed.
"Criminal history record request" means the Department of State Police form used to authorize the State Police to generate a criminal history record report on an individual.
"Criminal history record report" means either the criminal record clearance or the criminal history record issued by the Central Criminal Records Exchange, Department of State Police. The criminal record clearance provides conviction data only related to barrier crimes; the criminal history record discloses all known conviction data.
"Employee" means compensated personnel working at a facility regardless of role, service, age, function or duration of employment at the facility. Employee also includes those individuals hired through a contract to provide services for the facility.
"Facility" means an assisted living facility or adult day care center subject to licensure by the Department of Social Services.
"Sworn statement or affirmation" means a document to be completed, signed, and submitted for licensure or employment. The document discloses the licensure applicant's or employment applicant's criminal convictions and pending criminal charges that occurred within or outside the Commonwealth of Virginia. For applicants for licensure as an assisted living facility, the document also discloses whether or not the applicant has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth of Virginia. This is required as specified in §§ 63.2-1720 and 63.2-1721 of the Code of Virginia.
22VAC40-90-70. Issuance of a license.
The commissioner shall not issue a license to an assisted
living facility if an applicant for licensure required to have a background
check has any offense as defined in § 63.2-1719 of the Code of Virginia been
convicted of a barrier crime as defined in this chapter.