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Home care staff requirements in Virginia

Virginia licenses home care organizations, which include home health, personal care and pharmaceutical services, through the Department of Health; businesses that offer only homemaker, chore or companion services are not covered. Agencies must get a sworn criminal history statement from every applicant and a State Police criminal record report within 30 days of hire, and workers cannot have direct patient contact until it arrives unless they are directly supervised. Aides (called home attendants) must meet one of several training or certification routes and get at least 12 hours of in-service training each year.

Licenses

• Virginia licenses home care organizations, which provide home health, pharmaceutical or personal care services in a client's residence (12VAC5-381-10).
• The State Health Commissioner issues the license, and operating a home care organization without one is a Class 6 felony (12VAC5-381-20).
• Agencies planning to seek Medicare certification or national accreditation must first get the state license (12VAC5-381-20).
• Providers of only homemaker, chore or companion services are not covered by the home care organization rules (12VAC5-381-30).

Background checks

• Every applicant must give a sworn statement disclosing any criminal convictions or pending criminal charges, in or outside Virginia (Va. Code § 32.1-162.9:1; 12VAC5-381-110).
• Within 30 days of employment, the agency must get an original criminal record report from the Central Criminal Records Exchange of the Virginia State Police (Va. Code § 32.1-162.9:1; 12VAC5-381-110).
• A worker may not have direct patient contact until the original report arrives, unless they work under direct supervision of an employee whose check is complete (Va. Code § 32.1-162.9:1; 12VAC5-381-110).
• The agency may not accept a criminal record report dated more than 90 days before the hire date (12VAC5-381-110).
• Agencies may not hire people convicted of the barrier crimes named in state law, except that one non-abuse misdemeanor is allowed if five years have passed (Va. Code § 32.1-162.9:1).
• The report stays valid while the worker stays with the same agency, but a new report and sworn statement are needed when the worker moves to a different agency or returns from a separation longer than six months (12VAC5-381-110).
• Agencies must have a drug-free workplace policy, which may include testing for cause and periodic testing, and positive results for licensed or certified staff must be reported to their licensing board (Va. Code § 32.1-162.9:1; 12VAC5-381-200).

Training and competency

• Home attendants must be able to speak, read and write English and meet one qualification, such as Virginia nurse aide certification, a Board of Nursing approved nurse aide program, nursing school coursework, or a competency evaluation that meets federal home health aide criteria (12VAC5-381-290).
• Home attendants who only provide personal care may instead complete the Department of Medical Assistance Services Personal Care Aide Training Curriculum (12VAC5-381-290).
• New employees must get an orientation that covers confidentiality, client rights, mandated reporting of abuse, neglect and exploitation, emergency preparedness, infection control and cultural awareness, among other topics (12VAC5-381-200).
• Home attendants providing personal care must get at least 12 hours of in-service training each year, which can be combined with on-site supervision (12VAC5-381-360).
• Home attendants assisting with skilled services must also get at least 12 hours of in-service training each year (12VAC5-381-330).

Health screening

• The agency must run an infection control program that includes staff education on reducing infection risk and use of universal precautions (12VAC5-381-260).
• Employee health information must be kept in a separate section of the personnel file (12VAC5-381-200).

Also in the personnel file

• Each position needs a written job description with the title, duties, supervisor and minimum qualifications (12VAC5-381-200).
• Personnel records must include education and training history, employment history, license or certificate verification, results of reference checks and employment verification, evaluations, staff development and orientation records, and the criminal record check and sworn statement (12VAC5-381-200).
• Personnel records must be kept for at least three years after employment ends (12VAC5-381-200).
• Everyone who enters a client's home for the agency must be identifiable by a nametag, uniform or other visible means (12VAC5-381-200).
• A registered nurse must supervise personal care services as often as needed, and no less than every 90 days (12VAC5-381-360).

Common questions

Some rules for Virginia weren't confirmed from an official source. Check with the state before relying on this page.

Sources

• 12VAC5-381-10 Definitions
• 12VAC5-381-20 License
• 12VAC5-381-30 Exemption from licensure
• 12VAC5-381-110 Criminal records checks
• 12VAC5-381-200 Personnel practices
• 12VAC5-381-260 Infection control
• 12VAC5-381-290 Home attendants
• 12VAC5-381-330 Home attendants assisting with skilled services
• 12VAC5-381-360 Personal care services
• Va. Code § 32.1-162.9:1 Barrier crimes; criminal records check; drug testing

This page summarizes state licensing rules in plain words, with links to the rules themselves. It is not legal advice, rules change, and your license type decides what applies: check the linked source and your licensing agency. Medicare-certified home health agencies also follow 42 CFR 484.80. Checked October 2026.

More for Virginia

Virginia background check laws · Virginia drug testing laws · Medicare home health aide rules · All states

Nearby states

District of Columbia home care staff requirements · Kentucky home care staff requirements · Maryland home care staff requirements · North Carolina home care staff requirements · Tennessee home care staff requirements · West Virginia home care staff requirements