Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Regulation for Criminal Record Checks for Assisted Living Facilities and Adult Day Care Centers [22 VAC 40 ‑ 90]
Action is Exempt from Article 2 of the Administrative Process Act
Amend Background Checks to Conform with Code
Action 4825
General Information
Action Summary This regulatory action is necessary to conform to changes made in Chapters 809 and 201 of the 2017 Acts of Assembly (SB 1008 and SB 1434 respectively). As a result of these legislative actions, §§ 19.2-392.02, 63.2-1719, 63.2-1720, and 63.2-1721of the Code of Virginia were amended. The listing of barrier crimes for assisted living facilities and adult day care centers was moved from § 63.2-1719 to § 19.2-392.02 and was expanded to include additional crimes. As a result of these changes, it is necessary to amend the definition of barrier crimes in 22VAC40-90-10 to include the additional crimes, as well as change the reference to the Code of Virginia. Regarding allowing assisted living facilities and adult day care centers to hire a person convicted of one misdemeanor barrier crime not involving abuse or neglect, if five years has elapsed following the conviction, § 63.2-1720 added that a person may also continue to be employed at such facilities or centers. As a result of this addition, a change is necessary to the definition of barrier crimes in 22VAC40-90-10 to allow for continuous employment under such circumstances. Section 63.2-1721 refers to the appropriate part of § 19.2-392.02, regarding the specification that an applicant for licensure as an assisted living facility required to have a background check who has been convicted of a barrier crime not be issued a license. This necessitates the removal of the reference to § 63.2-1719 in 22VAC40-90-70 and rewording of the reference to barrier crimes.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [005161]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7941 Final Stage complete. This regulation became effective on 10/19/2017.
Contact Information
Name / Title: Judith McGreal 
Address: 801 E. Main Street

Richmond, VA 23219
Email Address:
Phone: (804)726-7157    FAX: (804)726-7132    TDD: ()-