Agencies | Governor
Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
[RENUMBERED] Adult Protective Services - [22 VAC 40 ‑ 740]
This action is exempt from the executive branch review process.
Amend APS Regulation to Comport with 2012 Legislation
General Information
Action Summary Amending 22 VAC 40-740 is necessary to comport with legislation passed in the 2012 Session of the General Assembly. Changes include (1) amending the definition of incapacitated person in Section 10 by changing the term “mental retardation” to “intellectual disability” (Chapters 476 and 507 of the 2012 Acts of Assembly); and (2) in Section 50, changing the name of the Department for the Aging to the Department for Aging and Rehabilitative Services (Chapters 803 and 835 of the 2012 Acts of Assembly). To ensure consistent use of terminology in Section 10 “mental retardation” will be changed to “intellectual disability” in the definition of “lacks capacity to consent.”
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: 2.2-4006
RIS Project Yes  [003173]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6185 Final Stage complete. This regulation became effective on 08/15/2012.
Contact Information
Name / Title: Paige McCleary  / Program Consultant
Address: Division of Family Services
801 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7536    FAX: (804)726-7895    TDD: (800)828-1120