{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-203.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-203.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-203.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-203.1.html"}],"law_id":73543,"edition_id":1,"section_id":73543,"structure_id":16028,"section_number":"37.2-203.1","catch_line":"Licensed provider; statement to prospective employer","history":"2019, c. 776, \u00a7 32.1-326.4; 2023, c. 236.","full_text":"The Board of Behavioral Health and Developmental Services shall amend regulations governing licensed providers to require that every licensed provider provide a statement regarding a current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1 to any other licensed provider with which the current or past employee has applied for employment or to fill a role that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. The statement shall address the character, ability, and fitness for employment in or to otherwise fill the role for which the person has applied and shall be provided upon receipt of a request for such information from the other licensed provider and written consent to the disclosure of such information executed by the current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. Nothing in the amended regulations shall require disclosure of information subject to privilege or confidentiality pursuant to \u00a7 8.01-581.16, 8.01-581.17, or 32.1-127.1:03 or federal law.","order_by":null,"text":{"0":{"id":264591,"text":"The Board of Behavioral Health and Developmental Services shall amend regulations governing licensed providers to require that every licensed provider provide a statement regarding a current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1 to any other licensed provider with which the current or past employee has applied for employment or to fill a role that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. The statement shall address the character, ability, and fitness for employment in or to otherwise fill the role for which the person has applied and shall be provided upon receipt of a request for such information from the other licensed provider and written consent to the disclosure of such information executed by the current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. Nothing in the amended regulations shall require disclosure of information subject to privilege or confidentiality pursuant to \u00a7 8.01-581.16, 8.01-581.17, or 32.1-127.1:03 or federal law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16028,"edition_id":1,"name":"State Board of Behavioral Health and Developmental Services","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 04:04:16","date_modified":"2026-06-26 04:04:16","permalink":{"id":209687,"object_type":"structure","relational_id":16028,"identifier":"2","token":"37.2\/I\/2","url":"\/37.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80322,"structure_id":16028,"section_number":"37.2-200","catch_line":"State Board of Behavioral Health and Developmental Services","url":"\/37.2-200\/","token":"37.2\/I\/2\/37.2-200","metadata":false},{"id":87477,"structure_id":16028,"section_number":"37.2-201","catch_line":"Internal evaluation committee of Board","url":"\/37.2-201\/","token":"37.2\/I\/2\/37.2-201","metadata":false},{"id":83913,"structure_id":16028,"section_number":"37.2-202","catch_line":"Members not eligible for positions in Department","url":"\/37.2-202\/","token":"37.2\/I\/2\/37.2-202","metadata":false},{"id":62804,"structure_id":16028,"section_number":"37.2-203","catch_line":"Powers and duties of Board","url":"\/37.2-203\/","token":"37.2\/I\/2\/37.2-203","metadata":false},{"id":73543,"structure_id":16028,"section_number":"37.2-203.1","catch_line":"Licensed provider; statement to prospective employer","url":"\/37.2-203.1\/","token":"37.2\/I\/2\/37.2-203.1","metadata":false},{"id":76080,"structure_id":16028,"section_number":"37.2-204","catch_line":"Appointments to state and local human rights committees","url":"\/37.2-204\/","token":"37.2\/I\/2\/37.2-204","metadata":false}],"previous_section":{"id":62804,"structure_id":16028,"section_number":"37.2-203","catch_line":"Powers and duties of Board","url":"\/37.2-203\/","token":"37.2\/I\/2\/37.2-203","metadata":false},"next_section":{"id":76080,"structure_id":16028,"section_number":"37.2-204","catch_line":"Appointments to state and local human rights committees","url":"\/37.2-204\/","token":"37.2\/I\/2\/37.2-204","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-203.1\/","history_text":"<p>This law was first created in 2019. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0776\">776<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2023, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0236\">236<\/a>.<\/p>","references":false,"refers_to":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":64373,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":75347,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-506\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":55726,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","order_by":null,"url":"\/8.01-581.16\/"},{"id":75226,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","order_by":null,"url":"\/8.01-581.17\/"}],"permalink":{"id":209705,"object_type":"law","relational_id":73543,"identifier":"37.2-203.1","token":"37.2\/I\/2\/37.2-203.1","url":"\/37.2-203.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-203.1\/","token":"37.2\/I\/2\/37.2-203.1","dublin_core":{"Title":"Licensed provider; statement to prospective employer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-203.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Board<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span> shall <span class=\"dictionary\">amend<\/span> regulations governing licensed providers to require that every licensed provider provide a statement regarding a current or past employee or other <span class=\"dictionary\">individual<\/span> currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-416\/\">37.2-416<\/a>, <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-416.1\/\">37.2-416.1<\/a>, <a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-506\/\">37.2-506<\/a>, or <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-506.1\/\">37.2-506.1<\/a> to any other licensed provider with which the current or past employee has applied for employment or to fill a role that requires a criminal history background check pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-416\/\">37.2-416<\/a>, <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-416.1\/\">37.2-416.1<\/a>, <a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-506\/\">37.2-506<\/a>, or <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-506.1\/\">37.2-506.1<\/a>. The statement shall address the character, ability, and fitness for employment in or to otherwise fill the role for which the person has applied and shall be provided upon receipt of a request for such information from the other licensed provider and written consent to the disclosure of such information executed by the current or past employee or other <span class=\"dictionary\">individual<\/span> currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-416\/\">37.2-416<\/a>, <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-416.1\/\">37.2-416.1<\/a>, <a class=\"law\" title=\"Background checks required; services for children and developmental services\" href=\"\/37.2-506\/\">37.2-506<\/a>, or <a class=\"law\" title=\"Background checks required; adult substance abuse and mental health services\" href=\"\/37.2-506.1\/\">37.2-506.1<\/a>. Nothing in the amended regulations shall require disclosure of information subject to <span class=\"dictionary\">privilege<\/span> or confidentiality pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Civil immunity for members of or consultants to certain boards or committees\" href=\"\/8.01-581.16\/\">8.01-581.16<\/a>, <a class=\"law\" title=\"Privileged communications of certain committees and entities\" href=\"\/8.01-581.17\/\">8.01-581.17<\/a>, or <a class=\"law\" title=\"Health records privacy\" href=\"\/32.1-127.1_03\/\">32.1-127.1:03<\/a> or federal <span class=\"dictionary\">law<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLICENSED PROVIDER; STATEMENT TO PROSPECTIVE EMPLOYER (\u00a7 37.2-203.1)\n\nThe Board of Behavioral Health and Developmental Services shall amend\nregulations governing licensed providers to require that every licensed provider\nprovide a statement regarding a current or past employee or other individual\ncurrently or previously associated with the provider in a capacity that requires\na criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1,\n37.2-506, or 37.2-506.1 to any other licensed provider with which the current or\npast employee has applied for employment or to fill a role that requires a\ncriminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1, 37.2-506,\nor 37.2-506.1. The statement shall address the character, ability, and fitness\nfor employment in or to otherwise fill the role for which the person has applied\nand shall be provided upon receipt of a request for such information from the\nother licensed provider and written consent to the disclosure of such\ninformation executed by the current or past employee or other individual\ncurrently or previously associated with the provider in a capacity that requires\na criminal history background check pursuant to \u00a7 37.2-416, 37.2-416.1,\n37.2-506, or 37.2-506.1. Nothing in the amended regulations shall require\ndisclosure of information subject to privilege or confidentiality pursuant to \u00a7\n8.01-581.16, 8.01-581.17, or 32.1-127.1:03 or federal law.\n\nHISTORY: 2019, c. 776, \u00a7 32.1-326.4; 2023, c. 236.","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}}