2006 Code of Virginia § 63.2-1802 - Safe, secure environments for residents with serious cognitive impairments

63.2-1802. Safe, secure environments for residents with serious cognitiveimpairments.

Assisted living facilities may provide safe, secure environments forresidents with serious cognitive impairments due to a primary psychiatricdiagnosis of dementia if they comply with the Board's regulations governingsuch placement. The Board's regulations shall define (i) serious cognitiveimpairment, which shall include, but not be limited to, an assessment by aclinical psychologist licensed to practice in the Commonwealth or by aphysician and (ii) safe, secure environment. Prior to placing a resident witha serious cognitive impairment due to a primary psychiatric diagnosis ofdementia in a safe, secure environment, an assisted living facility shallobtain the written approval of one of the following persons, in the specifiedorder of priority: (a) the resident, if capable of making an informeddecision; (b) a guardian or legal representative for the resident; however,such an appointment shall not be required in order that written approval maybe obtained; (c) a relative authorized pursuant to the Board's regulations toact as the resident's representative; or (d) an independent physician who isskilled and knowledgeable in the diagnosis and treatment of dementia, if aguardian, legal representative or relative is unavailable. Such writtenapproval shall be retained in the resident's file.

(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, cc. 332, 747; 2003, c. 467.)