§ 63.2-1732. Regulations for assisted living facilities.
A. The Board shall have the authority to adopt and enforce regulations tocarry out the provisions of this subtitle and to protect the health, safety,welfare and individual rights of residents of assisted living facilities andto promote their highest level of functioning. Such regulations shall takeinto consideration cost constraints of smaller operations in complying withsuch regulations and shall provide a procedure whereby a licensee orapplicant may request, and the Commissioner may grant, an allowable varianceto a regulation pursuant to § 63.2-1703.
B. Regulations shall include standards for staff qualifications and training;facility design, functional design and equipment; services to be provided toresidents; administration of medicine; allowable medical conditions for whichcare can be provided; and medical procedures to be followed by staff,including provisions for physicians' services, restorative care, andspecialized rehabilitative services. The Board shall adopt regulations onqualifications and training for employees of an assisted living facility in adirect care position. "Direct care position" means supervisors, assistants,aides, or other employees of a facility who assist residents in their dailyliving activities.
C. Regulations for a Medication Management Plan in a licensed assisted livingfacility shall be developed by the Board, in consultation with the Board ofNursing and the Board of Pharmacy. Such regulations shall (i) establish theelements to be contained within a Medication Management Plan, including ademonstrated understanding of the responsibilities associated with medicationmanagement by the facility; standard operating and record-keeping procedures;staff qualifications, training and supervision; documentation of dailymedication administration; and internal monitoring of plan conformance by thefacility; (ii) include a requirement that each assisted living facility shallestablish and maintain a written Medication Management Plan that has beenapproved by the Department; and (iii) provide that a facility's failure toconform to any approved Medication Management Plan shall be subject to thesanctions set forth in § 63.2-1709 or 63.2-1709.2.
D. Regulations shall require all licensed assisted living facilities with sixor more residents to be able to connect by July 1, 2007, to a temporaryemergency electrical power source for the provision of electricity during aninterruption of the normal electric power supply. The installation shall bein compliance with the Uniform Statewide Building Code.
E. Regulations for medical procedures in assisted living facilities shall bedeveloped in consultation with the State Board of Health and adopted by theBoard, and compliance with these regulations shall be determined byDepartment of Health or Department inspectors as provided by an interagencyagreement between the Department and the Department of Health.
F. In developing regulations to determine the number of assisted livingfacilities for which an assisted living facility administrator may serve asadministrator of record, the Board shall consider (i) the number of residentsin each of the facilities, (ii) the travel time between each of thefacilities, and (iii) the qualifications of the on-site manager under thesupervision of the administrator of record.
G. Regulations shall require that each assisted living facility register withthe Department of State Police to receive notice of the registration orreregistration of any sex offender within the same or a contiguous zip codearea in which the facility is located, pursuant to § 9.1-914.
H. Regulations shall require that each assisted living facility ascertain,prior to admission, whether a potential resident is a registered sexoffender, if the facility anticipates the potential resident will have alength of stay greater than three days or in fact stays longer than threedays.
(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.)
§ 63.2-1732. Regulations for assisted living facilities.
A. The Board shall have the authority to adopt and enforce regulations tocarry out the provisions of this subtitle and to protect the health, safety,welfare and individual rights of residents of assisted living facilities andto promote their highest level of functioning. Such regulations shall takeinto consideration cost constraints of smaller operations in complying withsuch regulations and shall provide a procedure whereby a licensee orapplicant may request, and the Commissioner may grant, an allowable varianceto a regulation pursuant to § 63.2-1703.
B. Regulations shall include standards for staff qualifications and training;facility design, functional design and equipment; services to be provided toresidents; administration of medicine; allowable medical conditions for whichcare can be provided; and medical procedures to be followed by staff,including provisions for physicians' services, restorative care, andspecialized rehabilitative services. The Board shall adopt regulations onqualifications and training for employees of an assisted living facility in adirect care position. "Direct care position" means supervisors, assistants,aides, or other employees of a facility who assist residents in their dailyliving activities.
C. Regulations for a Medication Management Plan in a licensed assisted livingfacility shall be developed by the Board, in consultation with the Board ofNursing and the Board of Pharmacy. Such regulations shall (i) establish theelements to be contained within a Medication Management Plan, including ademonstrated understanding of the responsibilities associated with medicationmanagement by the facility; standard operating and record-keeping procedures;staff qualifications, training and supervision; documentation of dailymedication administration; and internal monitoring of plan conformance by thefacility; (ii) include a requirement that each assisted living facility shallestablish and maintain a written Medication Management Plan that has beenapproved by the Department; and (iii) provide that a facility's failure toconform to any approved Medication Management Plan shall be subject to thesanctions set forth in § 63.2-1709 or 63.2-1709.2.
D. Regulations shall require all licensed assisted living facilities with sixor more residents to be able to connect by July 1, 2007, to a temporaryemergency electrical power source for the provision of electricity during aninterruption of the normal electric power supply. The installation shall bein compliance with the Uniform Statewide Building Code.
E. Regulations for medical procedures in assisted living facilities shall bedeveloped in consultation with the State Board of Health and adopted by theBoard, and compliance with these regulations shall be determined byDepartment of Health or Department inspectors as provided by an interagencyagreement between the Department and the Department of Health.
F. In developing regulations to determine the number of assisted livingfacilities for which an assisted living facility administrator may serve asadministrator of record, the Board shall consider (i) the number of residentsin each of the facilities, (ii) the travel time between each of thefacilities, and (iii) the qualifications of the on-site manager under thesupervision of the administrator of record.
G. Regulations shall require that each assisted living facility register withthe Department of State Police to receive notice of the registration orreregistration of any sex offender within the same or a contiguous zip codearea in which the facility is located, pursuant to § 9.1-914.
H. Regulations shall require that each assisted living facility ascertain,prior to admission, whether a potential resident is a registered sexoffender, if the facility anticipates the potential resident will have alength of stay greater than three days or in fact stays longer than threedays.
(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.)
§ 63.2-1732. Regulations for assisted living facilities.
A. The Board shall have the authority to adopt and enforce regulations tocarry out the provisions of this subtitle and to protect the health, safety,welfare and individual rights of residents of assisted living facilities andto promote their highest level of functioning. Such regulations shall takeinto consideration cost constraints of smaller operations in complying withsuch regulations and shall provide a procedure whereby a licensee orapplicant may request, and the Commissioner may grant, an allowable varianceto a regulation pursuant to § 63.2-1703.
B. Regulations shall include standards for staff qualifications and training;facility design, functional design and equipment; services to be provided toresidents; administration of medicine; allowable medical conditions for whichcare can be provided; and medical procedures to be followed by staff,including provisions for physicians' services, restorative care, andspecialized rehabilitative services. The Board shall adopt regulations onqualifications and training for employees of an assisted living facility in adirect care position. "Direct care position" means supervisors, assistants,aides, or other employees of a facility who assist residents in their dailyliving activities.
C. Regulations for a Medication Management Plan in a licensed assisted livingfacility shall be developed by the Board, in consultation with the Board ofNursing and the Board of Pharmacy. Such regulations shall (i) establish theelements to be contained within a Medication Management Plan, including ademonstrated understanding of the responsibilities associated with medicationmanagement by the facility; standard operating and record-keeping procedures;staff qualifications, training and supervision; documentation of dailymedication administration; and internal monitoring of plan conformance by thefacility; (ii) include a requirement that each assisted living facility shallestablish and maintain a written Medication Management Plan that has beenapproved by the Department; and (iii) provide that a facility's failure toconform to any approved Medication Management Plan shall be subject to thesanctions set forth in § 63.2-1709 or 63.2-1709.2.
D. Regulations shall require all licensed assisted living facilities with sixor more residents to be able to connect by July 1, 2007, to a temporaryemergency electrical power source for the provision of electricity during aninterruption of the normal electric power supply. The installation shall bein compliance with the Uniform Statewide Building Code.
E. Regulations for medical procedures in assisted living facilities shall bedeveloped in consultation with the State Board of Health and adopted by theBoard, and compliance with these regulations shall be determined byDepartment of Health or Department inspectors as provided by an interagencyagreement between the Department and the Department of Health.
F. In developing regulations to determine the number of assisted livingfacilities for which an assisted living facility administrator may serve asadministrator of record, the Board shall consider (i) the number of residentsin each of the facilities, (ii) the travel time between each of thefacilities, and (iii) the qualifications of the on-site manager under thesupervision of the administrator of record.
G. Regulations shall require that each assisted living facility register withthe Department of State Police to receive notice of the registration orreregistration of any sex offender within the same or a contiguous zip codearea in which the facility is located, pursuant to § 9.1-914.
H. Regulations shall require that each assisted living facility ascertain,prior to admission, whether a potential resident is a registered sexoffender, if the facility anticipates the potential resident will have alength of stay greater than three days or in fact stays longer than threedays.
(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.)
