2006 Code of Virginia § 37.2-707 - Employment and qualifications of directors of state facilities.

37.2-707. Employment and qualifications of directors of state facilities.

The Commissioner shall employ a director for each state facility who shall beskilled in facility management and administration and who shall meetrequirements that may be determined by the Commissioner. However, thedirector need not be a physician.

Any director of a state facility employed or reemployed by the Commissionerafter July 1, 2002, may be employed as a classified employee or under acontract that specifies the terms and conditions of employment, includingcompensation, benefits, duties and responsibilities, performance standards,evaluation criteria, and contract termination and renewal provisions. Thelength of employment contracts shall be two years, with provisions for annualrenewals thereafter based on the performance of the incumbent. Any directorof a state facility employed by the Commissioner before July 1, 1999, mayelect to continue his current employment status subject to the provisions ofthe Virginia Personnel Act, Chapter 29 ( 2.2-2900 et seq.) of Title 2.2, orhe may choose to be employed under a contract. Any director of a statefacility employed under an employment contract shall be exempt from theVirginia Personnel Act, yet he shall remain subject to the provisions of theState Grievance Procedure ( 2.2-3000 et seq.). Personnel actions under thisexemption shall be taken without regard to race, sex, color, national origin,religion, age, disability, or political affiliation.

Each director shall be responsible to the Commissioner or his designee forthe safe, efficient, and effective operation of his state facility. Eachdirector shall take any actions consistent with law necessary to ensure thathis facility complies with all applicable federal and state statutes,regulations, policies, and agreements. The Commissioner shall evaluate theperformance of each director of a state facility at least annually.

Whenever any act required by law to be performed by a director employedhereunder constitutes the practice of medicine, as defined in 54.1-2900,and the director is not a licensed physician, the act shall be performed by alicensed physician designated by the director.

(1978, c. 213, 37.1-42.2; 1980, c. 582; 1999, c. 576; 2000, cc. 565, 610;2002, cc. 271, 572; 2005, c. 716.)