A. Applicants for licensure and licensees shall at all times afford the Commissioner reasonable opportunity to inspect all of their facilities, books and records, and to interview their agents and employees and any person living or participating in such facilities, or under their custody, control, direction or supervision. Interviews conducted pursuant to this section with persons living or participating in a facility operated by or under the custody, control, direction, or supervision of an applicant for licensure or a licensee shall be (i) authorized by the person to be interviewed or his legally authorized representative and (ii) limited to discussion of issues related to the applicant's or licensee's compliance with applicable laws and regulations, including ascertaining if assessments and reassessments of residents' cognitive and physical needs are performed as required under regulations of the Board.
B. For any adult day care center issued a license or renewal thereof for a period of six months, the Commissioner shall make at least two inspections during the six-month period, one of which shall be unannounced. For any adult day care center issued a license or renewal thereof for a period of one year, the Commissioner shall make at least three inspections each year, at least two of which shall be unannounced. For any adult day care center issued a license or a renewal thereof for a period of two years, the Commissioner shall make at least two inspections each year, at least one of which shall be unannounced. For any adult day care center issued a three-year license, the Commissioner shall make at least one inspection each year, which shall be unannounced.
For any assisted living facility issued a license or renewal thereof for a period of six months, the Commissioner shall make at least two inspections during the six-month period, one of which shall be unannounced. For any assisted living facility issued a license or renewal thereof for a period of one, two, or three years, the Commissioner shall make at least one inspection each year, which shall be unannounced, and as needed based on compliance with applicable laws and regulations.
C. All licensed child welfare agencies shall be inspected not less than twice annually, and one of those inspections shall be unannounced.
D. The activities, services and facilities of each applicant for renewal of his license as an assisted living facility, adult day care center or child welfare agency shall be subject to an inspection or examination by the Commissioner to determine if he is in compliance with current regulations of the Board.
E. For any licensed assisted living facility, adult day care center or child welfare agency, the Commissioner may authorize such other announced or unannounced inspections as the Commissioner considers appropriate.
Code 1950, §§ 63-224, 63-247; 1954, c. 259; 1968, c. 578, §§ 63.1-177, 63.1-210; 1972, c. 540, § 63.1-196.1; 1973, c. 227; 1979, c. 73; 1987, c. 698; 1988, cc. 61, 151; 1991, c. 532; 1992, cc. 356, 666, § 63.1-194.7; 1993, cc. 957, 993; 1999, c. 964; 2000, c. 130; 2002, c. 747; 2010, c. 603; 2012, cc. 803, 835.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 17 - Licensure and Registration Procedures
§ 63.2-1702. Investigation on receipt of application
§ 63.2-1705. Compliance with Uniform Statewide Building Code
§ 63.2-1706. Inspections and interviews
§ 63.2-1706.1. Inspections of child welfare agencies; prioritization
§ 63.2-1707. Issuance or refusal of license; notification; provisional and conditional licenses
§ 63.2-1708. Records and reports
§ 63.2-1709.2. Enforcement and sanctions; special orders; civil penalties
§ 63.2-1709.3. Child-placing agencies; conscience clause
§ 63.2-1710. Appeal from refusal, denial of renewal, or revocation of license
§ 63.2-1711. Injunction against operation without license
§ 63.2-1712. Offenses; penalty
§ 63.2-1713. Misleading advertising prohibited
§ 63.2-1714. Duty of attorneys for the Commonwealth
§ 63.2-1715. Exemptions from licensure
§ 63.2-1718. Inspection of unlicensed child or adult care operations; inspection warrant
§ 63.2-1719. Barrier crime; construction
§ 63.2-1723. Child welfare agencies; criminal conviction and waiver
§ 63.2-1726. Background check required; children's residential facilities
§ 63.2-1729. Confidentiality of complainant's identity
§ 63.2-1730. Retaliation or discrimination against complainants
§ 63.2-1731. Retaliation against reports of child or adult abuse or neglect
§ 63.2-1732. Regulations for assisted living facilities
§ 63.2-1733. Regulations for adult day care centers
§ 63.2-1734. Regulations for child welfare agencies
§ 63.2-1736. Interagency agreements; cooperation of Department with other departments
§ 63.2-1737. Licensure of group homes and residential facilities for children