The use of agency or contract staff has exponentially increased as the COVID-19 pandemic persists. Don’t forget that during your licensure survey, personnel records will be reviewed to ensure that you are compliant with Virginia regulations for your staff and contracted personnel.

When you use staff from an agency, your organization should have arrangements with the contracted agency to ensure that all staff assigned to your facility meet all of the Virginia regulations, including:

• COV 32.1-126-01 (A) – Requirements for Sworn Statements
• COV 32.1-138.01 (A) (8) / F600 – Free from Abuse or Neglect
• 12 VAC 5-371 140 (E)(3)(A) – Active/Current License
• 12 VAC 5-371.141:l (E)(3)(B) and COV 32.1-126.01 (A) – Criminal Background Checks from Virginia State Police, Criminal Background Record Exchange
• 12 VAC 5-371-210 (F)(1) / F607 – Abuse Policies
• 12VAC 371-260 (B1-9 and 11) Staff Development and Training

Recent licensure surveys have resulted in deficiencies related to agencies using a source other than the Virginia State Police Criminal Records Exchange to screen for barrier crimes, and agencies using a sworn disclosure statement that did not conform to Virginia Code requirements. Be sure to verify that your contracts require the agency to use the state-designated criminal records clearance database, that the sworn disclosure statements are completed, and that this information is readily obtainable by the facility.