# Virginia — Assisted living facility minimum staffing requirements by US state — how many staff must be on duty, and what that guarantees

For Virginia, which rule this is is one awake direct care staff member per building, whenever any resident is present; type of staffing rule is flat presence requirement; minimum staffing requirement is At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present; awake/awake-on-duty requirement is At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present; regulatory citation is 22VAC40-73-280, recorded from its source on 2026-08-19.

- **State:** Virginia _(our reading, not quoted from the source)_
- **Which rule this is:** one awake direct care staff member per building, whenever any resident is present _(our reading, not quoted from the source)_
- **Type of staffing rule:** flat presence requirement _(our reading, not quoted from the source)_
- **Minimum staffing requirement:** At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present. _(verified: appears in the quote below)_
- **Awake/awake-on-duty requirement:** At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present. _(verified: appears in the quote below)_
- **Regulatory citation:** 22VAC40-73-280 _(verified: appears in the quote below)_

## What the source says

> D. At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present.

## Source

- https://law.lis.virginia.gov/admincode/title22/agency40/chapter73/section280/

Last verified: 2026-08-19. Review by: 2027-08-19.
Part of [Assisted living facility minimum staffing requirements by US state — how many staff must be on duty, and what that guarantees](https://referencesource.org/assisted-living-facility-staffing-ratios-by-state/).