{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.9_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.9_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.9_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.9_1.html"}],"law_id":77442,"edition_id":1,"section_id":77442,"structure_id":15003,"section_number":"32.1-162.9:1","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license","history":"1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2003, c. 517; 2006, cc. 701, 764; 2010, cc. 415, 790; 2012, c. 383; 2014, c. 129; 2017, c. 809; 2019, c. 89.","full_text":"A\n\nA licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 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.\n\t\t\tHowever, a home care organization or hospice 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 since the conviction.\n\t\t\tAny person desiring to work at a licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 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\tSuch home care organization or hospice 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 home care organization or hospice 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\nNotwithstanding any other provision of law, a licensed home care agency, a home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8, or any licensed hospice as defined in § 32.1-162.1 that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been performed on an employee of the home care agency in accordance with this section and (ii) whether such person is eligible for employment.C\n\nA licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 shall establish policies for maintaining a drug-free workplace, which may include drug testing when the employer has cause to believe that the person has engaged in the use of illegal drugs and periodically during the course of employment. All positive results from drug testing administered pursuant to this section shall be reported to the health regulatory boards responsible for licensing, certifying, or registering the person to practice, if any.D\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.E\n\nA licensed home care organization or hospice shall notify and provide all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such home care organization or hospice.","order_by":null,"text":{"0":{"id":277789,"text":"A licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 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.\n\t\t\tHowever, a home care organization or hospice 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 since the conviction.\n\t\t\tAny person desiring to work at a licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 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\tSuch home care organization or hospice 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 home care organization or hospice 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":277790,"text":"Notwithstanding any other provision of law, a licensed home care agency, a home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8, or any licensed hospice as defined in § 32.1-162.1 that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been performed on an employee of the home care agency in accordance with this section and (ii) whether such person is eligible for employment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277791,"text":"A licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 shall establish policies for maintaining a drug-free workplace, which may include drug testing when the employer has cause to believe that the person has engaged in the use of illegal drugs and periodically during the course of employment. All positive results from drug testing administered pursuant to this section shall be reported to the health regulatory boards responsible for licensing, certifying, or registering the person to practice, if any.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277792,"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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277793,"text":"A licensed home care organization or hospice shall notify and provide all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such home care organization or hospice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15003,"edition_id":1,"name":"Home Care Organization Licensing","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:51:26","date_modified":"2026-06-26 03:51:26","permalink":{"id":203297,"object_type":"structure","relational_id":15003,"identifier":"7.1","token":"32.1\/5\/7.1","url":"\/32.1\/5\/7.1\/","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":59966,"structure_id":15003,"section_number":"32.1-162.10","catch_line":"Inspections; fees","url":"\/32.1-162.10\/","token":"32.1\/5\/7.1\/32.1-162.10","metadata":false},{"id":61975,"structure_id":15003,"section_number":"32.1-162.11","catch_line":"Liability insurance required","url":"\/32.1-162.11\/","token":"32.1\/5\/7.1\/32.1-162.11","metadata":false},{"id":81077,"structure_id":15003,"section_number":"32.1-162.12","catch_line":"Regulations","url":"\/32.1-162.12\/","token":"32.1\/5\/7.1\/32.1-162.12","metadata":false},{"id":72350,"structure_id":15003,"section_number":"32.1-162.13","catch_line":"Revocation or suspension of license","url":"\/32.1-162.13\/","token":"32.1\/5\/7.1\/32.1-162.13","metadata":false},{"id":62926,"structure_id":15003,"section_number":"32.1-162.14","catch_line":"Repealed","url":"\/32.1-162.14\/","token":"32.1\/5\/7.1\/32.1-162.14","metadata":false},{"id":82009,"structure_id":15003,"section_number":"32.1-162.15","catch_line":"Violation; penalties","url":"\/32.1-162.15\/","token":"32.1\/5\/7.1\/32.1-162.15","metadata":false},{"id":72695,"structure_id":15003,"section_number":"32.1-162.15:1","catch_line":"Unlawful advertising as a home care organization","url":"\/32.1-162.15_1\/","token":"32.1\/5\/7.1\/32.1-162.15_1","metadata":false},{"id":62849,"structure_id":15003,"section_number":"32.1-162.7","catch_line":"Definitions","url":"\/32.1-162.7\/","token":"32.1\/5\/7.1\/32.1-162.7","metadata":false},{"id":79530,"structure_id":15003,"section_number":"32.1-162.8","catch_line":"Exemptions from article","url":"\/32.1-162.8\/","token":"32.1\/5\/7.1\/32.1-162.8","metadata":false},{"id":57219,"structure_id":15003,"section_number":"32.1-162.9","catch_line":"Licenses required; renewal thereof","url":"\/32.1-162.9\/","token":"32.1\/5\/7.1\/32.1-162.9","metadata":false},{"id":77442,"structure_id":15003,"section_number":"32.1-162.9:1","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license","url":"\/32.1-162.9_1\/","token":"32.1\/5\/7.1\/32.1-162.9_1","metadata":false}],"previous_section":{"id":57219,"structure_id":15003,"section_number":"32.1-162.9","catch_line":"Licenses required; renewal thereof","url":"\/32.1-162.9\/","token":"32.1\/5\/7.1\/32.1-162.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-162.9:1\/","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 9 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 2003, chapter 517<\/a>; in 2006, chapters 701<\/a> and 764<\/a>; in 2010, chapters 415<\/a> and 790<\/a>; in 2012, chapter 383<\/a>; in 2014, chapter 129<\/a>; in 2017, chapter 809<\/a>; in 2019, chapter 89<\/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\/"},{"id":77748,"section_number":"32.1-162.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.1\/"},{"id":62849,"section_number":"32.1-162.7","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.7\/"},{"id":79530,"section_number":"32.1-162.8","catch_line":"Exemptions from article","order_by":null,"url":"\/32.1-162.8\/"}],"permalink":{"id":203339,"object_type":"law","relational_id":77442,"identifier":"32.1-162.9:1","token":"32.1\/5\/7.1\/32.1-162.9_1","url":"\/32.1-162.9_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.9_1\/","token":"32.1\/5\/7.1\/32.1-162.9_1","dublin_core":{"Title":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.9:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensed home care organization<\/span> as defined in § 32.1-162.7<\/a> or any home care organization<\/span> exempt from licensure under subdivision 3 a or b of § 32.1-162.8<\/a> or any licensed hospice as defined in § 32.1-162.1<\/a> 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>.\n\t\t\tHowever, a home care organization<\/span> or hospice 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 since the conviction<\/span>.\n\t\t\tAny person<\/span> desiring to work at a licensed home care organization<\/span> as defined in § 32.1-162.7<\/a> or any home care organization<\/span> exempt from licensure under subdivision 3 a or b of § 32.1-162.8<\/a> or any licensed hospice as defined in § 32.1-162.1<\/a> 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\tSuch home care organization<\/span> or hospice 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 home care organization<\/span> or hospice 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> Notwithstanding any other provision of law<\/span>, a licensed home care agency, a home care organization<\/span> exempt from licensure under subdivision 3 a or b of § 32.1-162.8<\/a>, or any licensed hospice as defined in § 32.1-162.1<\/a> that provides services to individuals receiving services under the state plan for medical assistance services or any waiver<\/span> thereto may disclose to the Department<\/span> of Medical Assistance Services (i) whether a criminal history background check has been performed on an employee of the home care agency in accordance with this section and (ii) whether such person<\/span> is eligible for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A licensed home care organization<\/span> as defined in § 32.1-162.7<\/a> or any home care organization<\/span> exempt from licensure under subdivision 3 a or b of § 32.1-162.8<\/a> shall establish policies for maintaining a drug-free workplace, which may include drug testing when the employer has cause to believe that the person<\/span> has engaged in the use of illegal drugs and periodically during the course of employment. All positive results from drug testing administered pursuant to this section shall be reported to the health regulatory boards<\/span> responsible for licensing, certifying, or registering the person<\/span> to practice, if any. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/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

E.<\/span> A licensed home care organization<\/span> or hospice shall notify and provide all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse aide program operated by such home care organization<\/span> or hospice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYMENT FOR COMPENSATION OF PERSONS CONVICTED OF BARRIER CRIMES PROHIBITED;\nCRIMINAL RECORDS CHECK REQUIRED; DRUG TESTING; SUSPENSION OR REVOCATION OF\nLICENSE (\u00a7 32.1-162.9:1)\n\nA. A licensed home care organization as defined in § 32.1-162.7 or any home\ncare organization exempt from licensure under subdivision 3 a or b of §\n32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 shall not\nhire for compensated employment, persons who have been convicted of any offense\nset forth in clause (i) of the definition of barrier crime in §\n19.2-392.02.\n\t\t\tHowever, a home care organization or hospice may hire an applicant who has\nbeen convicted of one such offense punishable as a misdemeanor that does not\ninvolve abuse or neglect if five years have elapsed since the conviction.\n\t\t\tAny person desiring to work at a licensed home care organization as defined\nin § 32.1-162.7 or any home care organization exempt from licensure under\nsubdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in\n§ 32.1-162.1 shall provide the hiring facility with a sworn statement or\naffirmation disclosing any criminal convictions or any pending criminal charges,\nwhether within or outside the Commonwealth. Any person making a materially false\nstatement when providing such sworn statement or affirmation regarding any such\noffense is guilty upon conviction of a Class 1 misdemeanor. Further\ndissemination of the information provided pursuant to this section is prohibited\nother than to a federal or state authority or court as may be required to comply\nwith an express requirement of law for such further dissemination.\n\t\t\tSuch home care organization or hospice shall, within 30 days of employment,\nobtain for any compensated employees an original criminal record clearance with\nrespect to convictions for offenses specified in this section or an original\ncriminal history record from the Central Criminal Records Exchange. However, no\nemployee shall be permitted to work in a position that involves direct contact\nwith a patient until an original criminal record clearance or original criminal\nhistory record has been received, unless such person works under the direct\nsupervision of another employee for whom a background check has been completed\nin accordance with the requirements of this section. The provisions of this\nsection shall be enforced by the Commissioner. If an applicant is denied\nemployment because of convictions appearing on his criminal history record, the\nhome care organization or hospice shall provide a copy of the information\nobtained 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\nthe permission or under the supervision of a person who has received a clearance\npursuant to this section.\n\nB. Notwithstanding any other provision of law, a licensed home care agency, a\nhome care organization exempt from licensure under subdivision 3 a or b of\n§ 32.1-162.8, or any licensed hospice as defined in § 32.1-162.1 that\nprovides services to individuals receiving services under the state plan for\nmedical assistance services or any waiver thereto may disclose to the Department\nof Medical Assistance Services (i) whether a criminal history background check\nhas been performed on an employee of the home care agency in accordance with\nthis section and (ii) whether such person is eligible for employment.\n\nC. A licensed home care organization as defined in § 32.1-162.7 or any home\ncare organization exempt from licensure under subdivision 3 a or b of §\n32.1-162.8 shall establish policies for maintaining a drug-free workplace, which\nmay include drug testing when the employer has cause to believe that the person\nhas engaged in the use of illegal drugs and periodically during the course of\nemployment. All positive results from drug testing administered pursuant to this\nsection shall be reported to the health regulatory boards responsible for\nlicensing, certifying, or registering the person to practice, if any.\n\nD. 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\nE. A licensed home care organization or hospice shall notify and provide all\nstudents a copy of the provisions of this section prior to or upon enrollment in\na certified nurse aide program operated by such home care organization or\nhospice.\n\nHISTORY: 1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2003, c. 517; 2006, cc.\n701, 764; 2010, cc. 415, 790; 2012, c. 383; 2014, c. 129; 2017, c. 809; 2019, c.\n89.","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}}