{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-126.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-126.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-126.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-126.01.html"}],"law_id":77692,"edition_id":1,"section_id":77692,"structure_id":12729,"section_number":"32.1-126.01","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license","history":"1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c. 517; 2006, cc. 701, 764; 2012, c. 383; 2014, c. 129; 2017, c. 809.","full_text":"A\n\nA licensed nursing home shall not hire for compensated employment persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. However, a licensed nursing home may hire an applicant who has been convicted of one such offense punishable as a misdemeanor that does not involve abuse or neglect if five years have elapsed following the conviction.\n\t\t\tAny person desiring to work at a licensed nursing home shall provide the hiring facility with a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or outside the Commonwealth. Any person making a materially false statement when providing such sworn statement or affirmation regarding any such offense is guilty upon conviction of a Class 1 misdemeanor. Further dissemination of the information provided pursuant to this section is prohibited other than to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.\n\t\t\tA nursing home shall, within 30 days of employment, obtain for any compensated employees an original criminal record clearance with respect to convictions for offenses specified in this section or an original criminal history record from the Central Criminal Records Exchange. However, no employee shall be permitted to work in a position that involves direct contact with a patient until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. The provisions of this section shall be enforced by the Commissioner. If an applicant is denied employment because of convictions appearing on his criminal history record, the nursing home shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant.\n\t\t\tThe provisions of this section shall not apply to volunteers who work with the permission or under the supervision of a person who has received a clearance pursuant to this section.B\n\nA person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.C\n\nA licensed nursing home shall notify and provide to all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such nursing home.","order_by":null,"text":{"0":{"id":278684,"text":"A licensed nursing home shall not hire for compensated employment persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. However, a licensed nursing home may hire an applicant who has been convicted of one such offense punishable as a misdemeanor that does not involve abuse or neglect if five years have elapsed following the conviction.\n\t\t\tAny person desiring to work at a licensed nursing home shall provide the hiring facility with a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or outside the Commonwealth. Any person making a materially false statement when providing such sworn statement or affirmation regarding any such offense is guilty upon conviction of a Class 1 misdemeanor. Further dissemination of the information provided pursuant to this section is prohibited other than to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.\n\t\t\tA nursing home shall, within 30 days of employment, obtain for any compensated employees an original criminal record clearance with respect to convictions for offenses specified in this section or an original criminal history record from the Central Criminal Records Exchange. However, no employee shall be permitted to work in a position that involves direct contact with a patient until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. The provisions of this section shall be enforced by the Commissioner. If an applicant is denied employment because of convictions appearing on his criminal history record, the nursing home shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant.\n\t\t\tThe provisions of this section shall not apply to volunteers who work with the permission or under the supervision of a person who has received a clearance pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278685,"text":"A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278686,"text":"A licensed nursing home shall notify and provide to all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such nursing home.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; licenses not transferable","url":"\/32.1-125\/","token":"32.1\/5\/1\/32.1-125","metadata":false},{"id":63548,"structure_id":12729,"section_number":"32.1-125.01","catch_line":"Failing to report; penalty","url":"\/32.1-125.01\/","token":"32.1\/5\/1\/32.1-125.01","metadata":false},{"id":59071,"structure_id":12729,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","url":"\/32.1-125.1\/","token":"32.1\/5\/1\/32.1-125.1","metadata":false},{"id":78537,"structure_id":12729,"section_number":"32.1-125.2","catch_line":"Disclosure of other providers of services","url":"\/32.1-125.2\/","token":"32.1\/5\/1\/32.1-125.2","metadata":false},{"id":58917,"structure_id":12729,"section_number":"32.1-125.3","catch_line":"Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital","url":"\/32.1-125.3\/","token":"32.1\/5\/1\/32.1-125.3","metadata":false},{"id":55275,"structure_id":12729,"section_number":"32.1-125.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-125.4\/","token":"32.1\/5\/1\/32.1-125.4","metadata":false},{"id":70129,"structure_id":12729,"section_number":"32.1-125.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-125.5\/","token":"32.1\/5\/1\/32.1-125.5","metadata":false},{"id":60850,"structure_id":12729,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice to electric utilities","url":"\/32.1-126\/","token":"32.1\/5\/1\/32.1-126","metadata":false},{"id":77692,"structure_id":12729,"section_number":"32.1-126.01","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license","url":"\/32.1-126.01\/","token":"32.1\/5\/1\/32.1-126.01","metadata":false},{"id":57301,"structure_id":12729,"section_number":"32.1-126.02","catch_line":"Hospital pharmacy employees; criminal records check required","url":"\/32.1-126.02\/","token":"32.1\/5\/1\/32.1-126.02","metadata":false},{"id":71970,"structure_id":12729,"section_number":"32.1-126.1","catch_line":"Asbestos inspection for hospitals","url":"\/32.1-126.1\/","token":"32.1\/5\/1\/32.1-126.1","metadata":false},{"id":65858,"structure_id":12729,"section_number":"32.1-126.2","catch_line":"Fire suppression systems required in nursing facilities and nursing homes","url":"\/32.1-126.2\/","token":"32.1\/5\/1\/32.1-126.2","metadata":false},{"id":83484,"structure_id":12729,"section_number":"32.1-126.3","catch_line":"Fire suppression systems required in hospitals","url":"\/32.1-126.3\/","token":"32.1\/5\/1\/32.1-126.3","metadata":false},{"id":70496,"structure_id":12729,"section_number":"32.1-126.4","catch_line":"Hospital standing orders or protocols for certain vaccinations","url":"\/32.1-126.4\/","token":"32.1\/5\/1\/32.1-126.4","metadata":false},{"id":73579,"structure_id":12729,"section_number":"32.1-126.5","catch_line":"Consolidation of inspections","url":"\/32.1-126.5\/","token":"32.1\/5\/1\/32.1-126.5","metadata":false},{"id":85883,"structure_id":12729,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","url":"\/32.1-127\/","token":"32.1\/5\/1\/32.1-127","metadata":false},{"id":71680,"structure_id":12729,"section_number":"32.1-127.001","catch_line":"Certain design and construction standards to be incorporated in hospital and nursing home licensure regulations","url":"\/32.1-127.001\/","token":"32.1\/5\/1\/32.1-127.001","metadata":false},{"id":63277,"structure_id":12729,"section_number":"32.1-127.01","catch_line":"Regulations to authorize certain disciplinary actions and guidelines","url":"\/32.1-127.01\/","token":"32.1\/5\/1\/32.1-127.01","metadata":false},{"id":71135,"structure_id":12729,"section_number":"32.1-127.1","catch_line":"Immunity from liability for routine referral for organ and tissue donation","url":"\/32.1-127.1\/","token":"32.1\/5\/1\/32.1-127.1","metadata":false},{"id":81314,"structure_id":12729,"section_number":"32.1-127.1:01","catch_line":"Record storage","url":"\/32.1-127.1_01\/","token":"32.1\/5\/1\/32.1-127.1_01","metadata":false},{"id":56243,"structure_id":12729,"section_number":"32.1-127.1:02","catch_line":"Repealed","url":"\/32.1-127.1_02\/","token":"32.1\/5\/1\/32.1-127.1_02","metadata":false},{"id":58930,"structure_id":12729,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","url":"\/32.1-127.1_03\/","token":"32.1\/5\/1\/32.1-127.1_03","metadata":false},{"id":84892,"structure_id":12729,"section_number":"32.1-127.1:04","catch_line":"Use or disclosure of certain protected health information required","url":"\/32.1-127.1_04\/","token":"32.1\/5\/1\/32.1-127.1_04","metadata":false},{"id":78997,"structure_id":12729,"section_number":"32.1-127.1:05","catch_line":"Breach of medical information notification","url":"\/32.1-127.1_05\/","token":"32.1\/5\/1\/32.1-127.1_05","metadata":false},{"id":55917,"structure_id":12729,"section_number":"32.1-127.2","catch_line":"Repealed","url":"\/32.1-127.2\/","token":"32.1\/5\/1\/32.1-127.2","metadata":false},{"id":77664,"structure_id":12729,"section_number":"32.1-127.3","catch_line":"Immunity from liability for certain free health care services","url":"\/32.1-127.3\/","token":"32.1\/5\/1\/32.1-127.3","metadata":false},{"id":59266,"structure_id":12729,"section_number":"32.1-128","catch_line":"Applicability to hospitals and nursing homes for practice of religious tenets","url":"\/32.1-128\/","token":"32.1\/5\/1\/32.1-128","metadata":false},{"id":70347,"structure_id":12729,"section_number":"32.1-129","catch_line":"Application for license","url":"\/32.1-129\/","token":"32.1\/5\/1\/32.1-129","metadata":false},{"id":54055,"structure_id":12729,"section_number":"32.1-130","catch_line":"Fees; Hospital and Nursing Home Licensure and Inspection Program Fund","url":"\/32.1-130\/","token":"32.1\/5\/1\/32.1-130","metadata":false},{"id":76878,"structure_id":12729,"section_number":"32.1-131","catch_line":"Expiration and renewal of licenses","url":"\/32.1-131\/","token":"32.1\/5\/1\/32.1-131","metadata":false},{"id":83021,"structure_id":12729,"section_number":"32.1-132","catch_line":"(Effective July 1, 2028) Alterations or additions to hospitals and nursing homes; when new license required; use of inpatient hospital beds for furnishing skilled care services","url":"\/32.1-132\/","token":"32.1\/5\/1\/32.1-132","metadata":false},{"id":81019,"structure_id":12729,"section_number":"32.1-133","catch_line":"Display of license","url":"\/32.1-133\/","token":"32.1\/5\/1\/32.1-133","metadata":false},{"id":82010,"structure_id":12729,"section_number":"32.1-133.1","catch_line":"Human trafficking hotline; posted notice required; civil penalty","url":"\/32.1-133.1\/","token":"32.1\/5\/1\/32.1-133.1","metadata":false},{"id":76056,"structure_id":12729,"section_number":"32.1-134","catch_line":"Family planning information in hospitals providing maternity care","url":"\/32.1-134\/","token":"32.1\/5\/1\/32.1-134","metadata":false},{"id":73607,"structure_id":12729,"section_number":"32.1-134.01","catch_line":"Certain information required for maternity patients","url":"\/32.1-134.01\/","token":"32.1\/5\/1\/32.1-134.01","metadata":false},{"id":87288,"structure_id":12729,"section_number":"32.1-134.02","catch_line":"Infants; blood sample provided to parents","url":"\/32.1-134.02\/","token":"32.1\/5\/1\/32.1-134.02","metadata":false},{"id":70187,"structure_id":12729,"section_number":"32.1-134.03","catch_line":"Maternal health; protocols and resources for hospitals and outpatient providers; report","url":"\/32.1-134.03\/","token":"32.1\/5\/1\/32.1-134.03","metadata":false},{"id":65119,"structure_id":12729,"section_number":"32.1-134.1","catch_line":"When denial, etc., to duly licensed physician of staff membership or professional privileges improper","url":"\/32.1-134.1\/","token":"32.1\/5\/1\/32.1-134.1","metadata":false},{"id":71090,"structure_id":12729,"section_number":"32.1-134.2","catch_line":"Clinical privileges for certain practitioners","url":"\/32.1-134.2\/","token":"32.1\/5\/1\/32.1-134.2","metadata":false},{"id":68078,"structure_id":12729,"section_number":"32.1-134.3","catch_line":"Response to applications for clinical privileges","url":"\/32.1-134.3\/","token":"32.1\/5\/1\/32.1-134.3","metadata":false},{"id":55369,"structure_id":12729,"section_number":"32.1-134.4","catch_line":"Right of podiatrists or advanced practice registered nurses to injunction","url":"\/32.1-134.4\/","token":"32.1\/5\/1\/32.1-134.4","metadata":false},{"id":75670,"structure_id":12729,"section_number":"32.1-135","catch_line":"Revocation or suspension of license or certification of hospital or certified nursing facility; restriction or prohibition of new admissions to certified nursing facility","url":"\/32.1-135\/","token":"32.1\/5\/1\/32.1-135","metadata":false},{"id":77485,"structure_id":12729,"section_number":"32.1-135.1","catch_line":"Certain advertisements prohibited","url":"\/32.1-135.1\/","token":"32.1\/5\/1\/32.1-135.1","metadata":false},{"id":83084,"structure_id":12729,"section_number":"32.1-135.2","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/32.1-135.2\/","token":"32.1\/5\/1\/32.1-135.2","metadata":false},{"id":53943,"structure_id":12729,"section_number":"32.1-136","catch_line":"Violation; penalties","url":"\/32.1-136\/","token":"32.1\/5\/1\/32.1-136","metadata":false},{"id":68332,"structure_id":12729,"section_number":"32.1-137","catch_line":"Certification of medical care facilities under Title XVIII of Social Security Act","url":"\/32.1-137\/","token":"32.1\/5\/1\/32.1-137","metadata":false},{"id":59084,"structure_id":12729,"section_number":"32.1-137.01","catch_line":"Posting of charity care policies","url":"\/32.1-137.01\/","token":"32.1\/5\/1\/32.1-137.01","metadata":false},{"id":76816,"structure_id":12729,"section_number":"32.1-137.010","catch_line":"Financial assistance; payment plans","url":"\/32.1-137.010\/","token":"32.1\/5\/1\/32.1-137.010","metadata":false},{"id":75514,"structure_id":12729,"section_number":"32.1-137.011","catch_line":"Childbirth; postpartum process; doulas","url":"\/32.1-137.011\/","token":"32.1\/5\/1\/32.1-137.011","metadata":false},{"id":65869,"structure_id":12729,"section_number":"32.1-137.02","catch_line":"Hospital discharge procedures","url":"\/32.1-137.02\/","token":"32.1\/5\/1\/32.1-137.02","metadata":false},{"id":65455,"structure_id":12729,"section_number":"32.1-137.03","catch_line":"Discharge planning; designation of individual to provide care","url":"\/32.1-137.03\/","token":"32.1\/5\/1\/32.1-137.03","metadata":false},{"id":79498,"structure_id":12729,"section_number":"32.1-137.04","catch_line":"Patient notice of observation or outpatient status","url":"\/32.1-137.04\/","token":"32.1\/5\/1\/32.1-137.04","metadata":false},{"id":60024,"structure_id":12729,"section_number":"32.1-137.05","catch_line":"Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service","url":"\/32.1-137.05\/","token":"32.1\/5\/1\/32.1-137.05","metadata":false},{"id":65804,"structure_id":12729,"section_number":"32.1-137.06","catch_line":"Lyme disease test result information","url":"\/32.1-137.06\/","token":"32.1\/5\/1\/32.1-137.06","metadata":false},{"id":61126,"structure_id":12729,"section_number":"32.1-137.07","catch_line":"Violations of certain provisions; penalty","url":"\/32.1-137.07\/","token":"32.1\/5\/1\/32.1-137.07","metadata":false},{"id":81633,"structure_id":12729,"section_number":"32.1-137.08","catch_line":"Medical care facilities; persons with disabilities; designated support persons","url":"\/32.1-137.08\/","token":"32.1\/5\/1\/32.1-137.08","metadata":false},{"id":80169,"structure_id":12729,"section_number":"32.1-137.09","catch_line":"Hospital emergency department CPT code data reporting","url":"\/32.1-137.09\/","token":"32.1\/5\/1\/32.1-137.09","metadata":false}],"previous_section":{"id":60850,"structure_id":12729,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice to electric utilities","url":"\/32.1-126\/","token":"32.1\/5\/1\/32.1-126","metadata":false},"next_section":{"id":57301,"structure_id":12729,"section_number":"32.1-126.02","catch_line":"Hospital pharmacy employees; criminal records check required","url":"\/32.1-126.02\/","token":"32.1\/5\/1\/32.1-126.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-126.01\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 844 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapters 17 and 657; in 1999, chapter 637<\/a>; in 2001, chapter 329<\/a>; in 2003, chapter 517<\/a>; in 2006, chapters 701<\/a> and 764<\/a>; in 2012, chapter 383<\/a>; in 2014, chapter 129<\/a>; in 2017, chapter 809<\/a>.<\/p>","references":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"refers_to":[{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"}],"permalink":{"id":202899,"object_type":"law","relational_id":77692,"identifier":"32.1-126.01","token":"32.1\/5\/1\/32.1-126.01","url":"\/32.1-126.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-126.01\/","token":"32.1\/5\/1\/32.1-126.01","dublin_core":{"Title":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-126.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensed nursing home<\/span> shall not hire for compensated employment persons<\/span> who have been convicted of any offense<\/span> set forth in clause (i) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. However, a licensed nursing home<\/span> may hire an applicant who has been convicted of one such offense<\/span> punishable as a misdemeanor<\/span> that does not involve abuse or neglect if five years have elapsed following the conviction<\/span>.\n\t\t\tAny person<\/span> desiring to work at a licensed nursing home<\/span> shall provide the hiring facility with a sworn statement or affirmation disclosing any criminal convictions<\/span> or any pending criminal charges, whether within or outside the Commonwealth. Any person<\/span> making a materially false statement when providing such sworn statement or affirmation regarding any such offense<\/span> is guilty upon conviction<\/span> of a Class 1 misdemeanor<\/span>. Further dissemination of the information provided pursuant to this section is prohibited other than to a federal or state authority or court<\/span> as may be required to comply with an express requirement of law<\/span> for such further dissemination.\n\t\t\tA nursing home<\/span> shall, within 30 days of employment, obtain for any compensated employees an original criminal record clearance with respect to convictions<\/span> for offenses<\/span> specified in this section or an original criminal history record from the Central Criminal Records Exchange. However, no employee shall be permitted to work in a position that involves direct contact with a patient until an original criminal record clearance or original criminal history record has been received, unless such person<\/span> works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. The provisions of this section shall be enforced by the Commissioner<\/span>. If an applicant is denied employment because of convictions<\/span> appearing on his criminal history record, the nursing home<\/span> shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant.\n\t\t\tThe provisions of this section shall not apply to volunteers who work with the permission or under the supervision of a person<\/span> who has received a clearance pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> who complies in good faith with the provisions of this section shall not be liable for any civil damages<\/span> for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence<\/span> or willful misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A licensed nursing home<\/span> shall notify and provide to all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such nursing home<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYMENT FOR COMPENSATION OF PERSONS CONVICTED OF BARRIER CRIMES PROHIBITED;\nCRIMINAL RECORDS CHECK REQUIRED; SUSPENSION OR REVOCATION OF LICENSE (\u00a7\n32.1-126.01)\n\nA. A licensed nursing home shall not hire for compensated employment persons who\nhave been convicted of any offense set forth in clause (i) of the definition of\nbarrier crime in § 19.2-392.02. However, a licensed nursing home may hire\nan applicant who has been convicted of one such offense punishable as a\nmisdemeanor that does not involve abuse or neglect if five years have elapsed\nfollowing the conviction.\n\t\t\tAny person desiring to work at a licensed nursing home shall provide the\nhiring facility with a sworn statement or affirmation disclosing any criminal\nconvictions or any pending criminal charges, whether within or outside the\nCommonwealth. Any person making a materially false statement when providing such\nsworn statement or affirmation regarding any such offense is guilty upon\nconviction of a Class 1 misdemeanor. Further dissemination of the information\nprovided pursuant to this section is prohibited other than to a federal or state\nauthority or court as may be required to comply with an express requirement of\nlaw for such further dissemination.\n\t\t\tA nursing home shall, within 30 days of employment, obtain for any\ncompensated employees an original criminal record clearance with respect to\nconvictions for offenses specified in this section or an original criminal\nhistory record from the Central Criminal Records Exchange. However, no employee\nshall be permitted to work in a position that involves direct contact with a\npatient until an original criminal record clearance or original criminal history\nrecord has been received, unless such person works under the direct supervision\nof another employee for whom a background check has been completed in accordance\nwith the requirements of this section. The provisions of this section shall be\nenforced by the Commissioner. If an applicant is denied employment because of\nconvictions appearing on his criminal history record, the nursing home shall\nprovide a copy of the information obtained from the Central Criminal Records\nExchange to the applicant.\n\t\t\tThe provisions of this section shall not apply to volunteers who work with\nthe permission or under the supervision of a person who has received a clearance\npursuant to this section.\n\nB. A person who complies in good faith with the provisions of this section shall\nnot be liable for any civil damages for any act or omission in the performance\nof duties under this section unless the act or omission was the result of gross\nnegligence or willful misconduct.\n\nC. A licensed nursing home shall notify and provide to all students a copy of\nthe provisions of this section prior to or upon enrollment in a certified nurse\naide program operated by such nursing home.\n\nHISTORY: 1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c.\n517; 2006, cc. 701, 764; 2012, c. 383; 2014, c. 129; 2017, c. 809.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}