Action:
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.
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| Chapters Affected |
Only affects this chapter.
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| 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.
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| RIS Project |
Yes [005161] |
| Associated Mandates |
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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7941
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Final
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Stage complete. This regulation became effective on 10/19/2017. |
Contact Information
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Name / Title:
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Judith McGreal
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Address:
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801 E. Main Street
Richmond, VA 23219
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Email Address:
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judith.mcgreal@dss.virginia.gov
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Phone:
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(804)726-7157
FAX: (804)726-7132
TDD: ()-
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