{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-416.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-416.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-416.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-416.1.html"}],"law_id":67357,"edition_id":1,"section_id":67357,"structure_id":15694,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","history":"2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.","full_text":"A\n\nAs used in this section:\n\t\t\t“Direct care position” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. “Hire for compensated employment” includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.\n\t\t\t“Provider” means a provider who is licensed pursuant to this article and who provides substance abuse or mental health services to adults.B\n\nEvery provider shall require (i) any applicant who accepts employment in any direct care position and (ii) any person under contract with the provider to serve in a direct care position to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, D, E, or G, no provider shall:1\n\nHire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02; or2\n\nAllow any person under contract with the provider to serve in a direct care position who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider shall not be disseminated except as provided in this section.C\n\nNotwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.D\n\nNotwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first offense misdemeanor violation of § 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsections H1 and H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the provider may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.E\n\nNotwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse treatment facilities a person who has been convicted of not more than one offense under subsection C of § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the person was convicted under the laws of another jurisdiction; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse history.F\n\nThe hiring provider and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:1\n\nShall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, shall have paid all fines, restitution, and court costs for any prior convictions, and shall have been free of parole or probation for at least five years for all convictions; or2\n\nIf the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the provider or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the licensed provider decides to pay the cost.G\n\nNotwithstanding the provisions of subsection B, a provider may (i) hire for compensated employment, (ii) approve as a sponsored residential service provider, (iii) permit to enter into a shared living arrangement, or (iv) permit any person under contract with the provider to serve in a direct care position on behalf of the provider or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider persons who have been convicted of not more than one misdemeanor offense under § 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. A provider may also approve a person as a sponsored residential service provider if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor offense under § 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position.H\n\nEvery provider shall require, as a condition of employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect that is maintained by the Department of Social Services pursuant to § 63.2-1515.I\n\nThe cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the provider decides to pay the cost.J\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.K\n\nNotwithstanding any other provision of law, a provider 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 completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver.L\n\nAny person employed by a temporary agency that has entered into a contract with a provider and who will serve in a direct care position on behalf of such provider shall undergo a background check that shall include:1\n\nA criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and2\n\nA search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.\n\t\t\t\tExcept as otherwise provided in subsection C, D, E, or G, no provider shall permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider if that person has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.","order_by":null,"text":{"0":{"id":244073,"text":"As used in this section:\n\t\t\t“Direct care position” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. “Hire for compensated employment” includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.\n\t\t\t“Provider” means a provider who is licensed pursuant to this article and who provides substance abuse or mental health services to adults.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244074,"text":"Every provider shall require (i) any applicant who accepts employment in any direct care position and (ii) any person under contract with the provider to serve in a direct care position to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, D, E, or G, no provider shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":244075,"text":"Hire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":244076,"text":"Allow any person under contract with the provider to serve in a direct care position who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider shall not be disseminated except as provided in this section.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":244077,"text":"Notwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":244078,"text":"Notwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first offense misdemeanor violation of § 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsections H1 and H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the provider may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":244079,"text":"Notwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse treatment facilities a person who has been convicted of not more than one offense under subsection C of § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the person was convicted under the laws of another jurisdiction; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse history.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":244080,"text":"The hiring provider and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"8":{"id":244081,"text":"Shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, shall have paid all fines, restitution, and court costs for any prior convictions, and shall have been free of parole or probation for at least five years for all convictions; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"9":{"id":244082,"text":"If the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the provider or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the licensed provider decides to pay the cost.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"10":{"id":244083,"text":"Notwithstanding the provisions of subsection B, a provider may (i) hire for compensated employment, (ii) approve as a sponsored residential service provider, (iii) permit to enter into a shared living arrangement, or (iv) permit any person under contract with the provider to serve in a direct care position on behalf of the provider or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider persons who have been convicted of not more than one misdemeanor offense under § 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. A provider may also approve a person as a sponsored residential service provider if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor offense under § 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"11":{"id":244084,"text":"Every provider shall require, as a condition of employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect that is maintained by the Department of Social Services pursuant to § 63.2-1515.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":244085,"text":"The cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the provider decides to pay the cost.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":244086,"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":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":244087,"text":"Notwithstanding any other provision of law, a provider 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 completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":244088,"text":"Any person employed by a temporary agency that has entered into a contract with a provider and who will serve in a direct care position on behalf of such provider shall undergo a background check that shall include:","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"L1"},"16":{"id":244089,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["L","1"],"prefix":"1","entire_prefix":"L1","prefix_anchor":"L1","level":2,"prior_prefix":"L","next_prefix":"L2"},"17":{"id":244090,"text":"A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.\n\t\t\t\tExcept as otherwise provided in subsection C, D, E, or G, no provider shall permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider if that person has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.","type":"section","prefixes":["L","2"],"prefix":"2","entire_prefix":"L2","prefix_anchor":"L2","level":2,"prior_prefix":"L1"}},"ancestry":[{"id":15694,"edition_id":1,"name":"Licensing Providers of Behavioral Health and Developmental Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:58:00","date_modified":"2026-06-26 03:58:00","permalink":{"id":209875,"object_type":"structure","relational_id":15694,"identifier":"2","token":"37.2\/I\/4\/2","url":"\/37.2\/I\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","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":60864,"structure_id":15694,"section_number":"37.2-403","catch_line":"Definitions","url":"\/37.2-403\/","token":"37.2\/I\/4\/2\/37.2-403","metadata":false},{"id":73103,"structure_id":15694,"section_number":"37.2-404","catch_line":"Authority of Commissioner to grant licenses","url":"\/37.2-404\/","token":"37.2\/I\/4\/2\/37.2-404","metadata":false},{"id":87479,"structure_id":15694,"section_number":"37.2-405","catch_line":"License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers","url":"\/37.2-405\/","token":"37.2\/I\/4\/2\/37.2-405","metadata":false},{"id":73737,"structure_id":15694,"section_number":"37.2-405.1","catch_line":"Certain provider information on website","url":"\/37.2-405.1\/","token":"37.2\/I\/4\/2\/37.2-405.1","metadata":false},{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},{"id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","metadata":false},{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","metadata":false},{"id":70637,"structure_id":15694,"section_number":"37.2-409","catch_line":"Intermediate care facilities for individuals with intellectual disability","url":"\/37.2-409\/","token":"37.2\/I\/4\/2\/37.2-409","metadata":false},{"id":82631,"structure_id":15694,"section_number":"37.2-410","catch_line":"Expiration of license; renewal; license fees","url":"\/37.2-410\/","token":"37.2\/I\/4\/2\/37.2-410","metadata":false},{"id":87344,"structure_id":15694,"section_number":"37.2-411","catch_line":"Inspections","url":"\/37.2-411\/","token":"37.2\/I\/4\/2\/37.2-411","metadata":false},{"id":86651,"structure_id":15694,"section_number":"37.2-412","catch_line":"Human rights review","url":"\/37.2-412\/","token":"37.2\/I\/4\/2\/37.2-412","metadata":false},{"id":62542,"structure_id":15694,"section_number":"37.2-413","catch_line":"Necessity for supervision by licensed provider","url":"\/37.2-413\/","token":"37.2\/I\/4\/2\/37.2-413","metadata":false},{"id":63693,"structure_id":15694,"section_number":"37.2-414","catch_line":"Cure by mental or spiritual means without use of drugs or material remedy","url":"\/37.2-414\/","token":"37.2\/I\/4\/2\/37.2-414","metadata":false},{"id":60118,"structure_id":15694,"section_number":"37.2-415","catch_line":"Provisional and conditional licenses","url":"\/37.2-415\/","token":"37.2\/I\/4\/2\/37.2-415","metadata":false},{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},{"id":67357,"structure_id":15694,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-416.1\/","token":"37.2\/I\/4\/2\/37.2-416.1","metadata":false},{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},{"id":72368,"structure_id":15694,"section_number":"37.2-418","catch_line":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","url":"\/37.2-418\/","token":"37.2\/I\/4\/2\/37.2-418","metadata":false},{"id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","metadata":false},{"id":87138,"structure_id":15694,"section_number":"37.2-419.1","catch_line":"Summary suspension of adult facility licenses under certain circumstances; due process; penalty","url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","metadata":false},{"id":74139,"structure_id":15694,"section_number":"37.2-420","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/37.2-420\/","token":"37.2\/I\/4\/2\/37.2-420","metadata":false},{"id":80959,"structure_id":15694,"section_number":"37.2-421","catch_line":"Advertising by licensed providers","url":"\/37.2-421\/","token":"37.2\/I\/4\/2\/37.2-421","metadata":false},{"id":76342,"structure_id":15694,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","url":"\/37.2-421.1\/","token":"37.2\/I\/4\/2\/37.2-421.1","metadata":false},{"id":87042,"structure_id":15694,"section_number":"37.2-422","catch_line":"Penalty","url":"\/37.2-422\/","token":"37.2\/I\/4\/2\/37.2-422","metadata":false}],"previous_section":{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},"next_section":{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-416.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 236<\/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 2 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 2024, chapters 651<\/a> and 683<\/a>; in 2025, chapter 380<\/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\/"},{"id":73543,"section_number":"37.2-203.1","catch_line":"Licensed provider; statement to prospective employer","order_by":null,"url":"\/37.2-203.1\/"}],"refers_to":[{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":78289,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","order_by":null,"url":"\/18.2-51.3\/"},{"id":86902,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","order_by":null,"url":"\/18.2-56\/"},{"id":75271,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","order_by":null,"url":"\/18.2-56.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":78519,"section_number":"18.2-94","catch_line":"Possession of burglarious tools, etc","order_by":null,"url":"\/18.2-94\/"},{"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\/"},{"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":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":209945,"object_type":"law","relational_id":67357,"identifier":"37.2-416.1","token":"37.2\/I\/4\/2\/37.2-416.1","url":"\/37.2-416.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-416.1\/","token":"37.2\/I\/4\/2\/37.2-416.1","dublin_core":{"Title":"Background checks required; adult substance abuse and mental health services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-416.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Direct care position<\/span>” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services<\/span> or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment<\/span>” does not include (i) a promotion from one adult substance abuse or adult mental health treatment<\/span> position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment<\/span> position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions<\/span> in the five years prior to the application date for employment. “Hire for compensated employment<\/span>” includes (a) a promotion or transfer from an adult substance abuse treatment<\/span> position to any mental health or developmental services<\/span> direct care position<\/span> within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services<\/span> direct care position<\/span> in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment<\/span> position.\n\t\t\t“Peer recovery specialist<\/span>” means any person who has completed a peer recovery specialist<\/span> training course approved by the Department<\/span> of Behavioral Health and Developmental Services<\/span>.\n\t\t\t“Provider<\/span>” means a provider<\/span> who is licensed pursuant to this article and who provides substance abuse or mental health services<\/span> to adults. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every provider<\/span> shall require (i) any applicant who accepts employment in any direct care position<\/span> and (ii) any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, D, E, or G, no provider<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Hire for compensated employment<\/span> any person who has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Allow any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> who has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider<\/span>. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider<\/span> shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, a provider<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> at an adult substance abuse or mental health treatment<\/span> program a person who was convicted of any misdemeanor<\/span> violation of § 18.2-57<\/a> or any violation of § 18.2-248<\/a>, 18.2-250<\/a>, or 18.2-258.1<\/a>, except an offense<\/span> pursuant to subsection H1 or H2 of § 18.2-248<\/a>, provided that such conviction<\/span> occurred more than four years prior to the application date for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection B, a provider<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> at adult substance abuse or adult mental health treatment<\/span> programs a person who was convicted of any violation of § 18.2-51.3<\/a>; any misdemeanor<\/span> violation of § 18.2-56<\/a> or 18.2-56.1<\/a>; any first offense<\/span> misdemeanor<\/span> violation of § 18.2-57.2<\/a>; any violation of § 18.2-60<\/a>, 18.2-89<\/a>, 18.2-92<\/a>, or 18.2-94<\/a>; any misdemeanor<\/span> violation of § 18.2-282<\/a>, 18.2-346<\/a>, or 18.2-346.01<\/a>; any offense<\/span> set forth in clause (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>, except an offense<\/span> pursuant to subsections H1 and H2 of § 18.2-248<\/a>; or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if the hiring provider<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. In addition, where the employment at an adult substance abuse treatment<\/span> program is as a peer recovery specialist<\/span>, the provider<\/span> may hire any person eligible under this subsection or who was convicted of any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> if the hiring provider<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection B, a provider<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> at adult substance abuse treatment<\/span> facilities a person who has been convicted of not more than one offense<\/span> under subsection C of § 18.2-57<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if (i) the person has been granted a simple pardon<\/span> if the offense<\/span> was a felony<\/span> committed in Virginia, or the equivalent if the person was convicted under the laws<\/span> of another jurisdiction<\/span>; (ii) more than 10 years have elapsed since the conviction<\/span>; and (iii) the hiring provider<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The hiring provider<\/span> and a screening contractor designated by the Department<\/span> shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals<\/span> receiving services based on their criminal history backgrounds and substance abuse or mental illness<\/span> histories. To be eligible for such screening, the applicant: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Shall have completed all prison or jail terms, shall not be under probation<\/span> or parole<\/span> supervision, shall have no pending charges in any locality, shall have paid all fines, restitution<\/span>, and court<\/span> costs for any prior convictions<\/span>, and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the applicant is a peer recovery specialist<\/span>, shall have completed all prison or jail terms, shall not be under probation<\/span> or parole<\/span> supervision, shall have no pending charges in any locality, and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>.\n\t\t\t\tIn addition to any supplementary information the provider<\/span> or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation<\/span> or parole<\/span> officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony<\/span> conviction<\/span>. The cost of this screening shall be paid by the applicant, unless the licensed provider<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the provisions of subsection B, a provider<\/span> may (i) hire for compensated employment<\/span>, (ii) approve as a sponsored residential service provider<\/span>, (iii) permit to enter into a shared living arrangement, or (iv) permit any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> on behalf of the provider<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> persons who have been convicted of not more than one misdemeanor<\/span> offense<\/span> under § 18.2-57.2<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if 10 years have elapsed following the conviction<\/span>, unless the person committed the offense<\/span> while employed in a direct care position<\/span>. A provider<\/span> may also approve a person as a sponsored residential service provider<\/span> if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor<\/span> offense<\/span> under § 18.2-57.2<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if 10 years have elapsed following the conviction<\/span>, unless the person committed the offense<\/span> while employed in a direct care position<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Every provider<\/span> shall require, as a condition of employment, approval as a sponsored residential service provider<\/span>, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permission for any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span>, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect<\/span> that is maintained by the Department<\/span> of Social Services pursuant to § 63.2-1515<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The cost of obtaining the criminal history record and search of the child abuse and neglect<\/span> registry record shall be borne by the applicant, unless the provider<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A person 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

K.<\/span> Notwithstanding any other provision of law<\/span>, a provider<\/span> that provides services to individuals<\/span> receiving services under the state<\/span> 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 completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider<\/span>, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Any person employed by a temporary agency that has entered into a contract<\/span> with a provider<\/span> and who will serve in a direct care position<\/span> on behalf of such provider<\/span> shall undergo a background check that shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child abuse and neglect<\/span>.\n\t\t\t\tExcept as otherwise provided in subsection C, D, E, or G, no provider<\/span> shall permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> if that person has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECKS REQUIRED; ADULT SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (\u00a7\n37.2-416.1)\n\nA. As used in this section:\n\t\t\t“Direct care position” means any position that includes\nresponsibility for (i) treatment, case management, health, safety, development,\nor well-being of an adult receiving substance abuse or mental health services or\n(ii) immediately supervising a person in a position described in this\ndefinition.\n\t\t\t“Hire for compensated employment” does not include (i) a\npromotion from one adult substance abuse or adult mental health treatment\nposition to another such position within the same licensee licensed pursuant to\nthis article or (ii) new employment in an adult substance abuse or adult mental\nhealth treatment position in another office or program licensed pursuant to this\narticle if the person employed prior to July 1, 1999, in a licensed program had\nno convictions in the five years prior to the application date for employment.\n“Hire for compensated employment” includes (a) a promotion or\ntransfer from an adult substance abuse treatment position to any mental health\nor developmental services direct care position within the same licensee licensed\npursuant to this article or (b) new employment in any mental health or\ndevelopmental services direct care position in another office or program of the\nsame licensee licensed pursuant to this article for which the person has\npreviously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a\npeer recovery specialist training course approved by the Department of\nBehavioral Health and Developmental Services.\n\t\t\t“Provider” means a provider who is licensed pursuant to this\narticle and who provides substance abuse or mental health services to adults.\n\nB. Every provider shall require (i) any applicant who accepts employment in any\ndirect care position and (ii) any person under contract with the provider to\nserve in a direct care position to submit to fingerprinting and provide personal\ndescriptive information to be forwarded through the Central Criminal Records\nExchange to the Federal Bureau of Investigation (FBI) for the purpose of\nobtaining national criminal history record information regarding the applicant.\nExcept as otherwise provided in subsection C, D, E, or G, no provider shall:\n\n 1. Hire for compensated employment any person who has been convicted of (i)\n any offense set forth in clause (i), (ii), or (iii) of the definition of\n barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause\n (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five\n years prior to the application date for employment or (b) if such person\n continues on probation or parole or has failed to pay required court costs for\n such offense set forth in clause (iv) of the definition of barrier crime in\n § 19.2-392.02; or\n\n 2. Allow any person under contract with the provider to serve in a direct care\n position who has been convicted of (i) any offense set forth in clause (i),\n (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or\n (ii) any offense set forth in clause (iv) of the definition of barrier crime\n in § 19.2-392.02 (a) in the five years prior to the application date for\n employment or (b) if such person continues on probation or parole or has\n failed to pay required court costs for such offense set forth in clause (iv)\n of the definition of barrier crime in § 19.2-392.02.\n \t\t\t\tThe Central Criminal Records Exchange, upon receipt of an\n applicant’s record or notification that no record exists, shall submit a\n report to the requesting authorized officer or director of a provider. If any\n applicant is denied employment because of information appearing on the\n criminal history record and the applicant disputes the information upon which\n the denial was based, the Central Criminal Records Exchange shall, upon\n written request, furnish to the applicant the procedures for obtaining a copy\n of the criminal history record from the FBI. The information provided to the\n authorized officer or director of a provider shall not be disseminated except\n as provided in this section.\n\nC. Notwithstanding the provisions of subsection B, a provider may hire for\ncompensated employment or permit any person under contract with the provider to\nserve in a direct care position or permit any person employed by a temporary\nagency that has entered into a contract with the provider to provide direct care\nservices on behalf of the provider at an adult substance abuse or mental health\ntreatment program a person who was convicted of any misdemeanor violation of\n§ 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1,\nexcept an offense pursuant to subsection H1 or H2 of § 18.2-248, provided\nthat such conviction occurred more than four years prior to the application date\nfor employment.\n\nD. Notwithstanding the provisions of subsection B, a provider may hire for\ncompensated employment or permit any person under contract with the provider to\nserve in a direct care position or permit any person employed by a temporary\nagency that has entered into a contract with the provider to provide direct care\nservices on behalf of the provider at adult substance abuse or adult mental\nhealth treatment programs a person who was convicted of any violation of §\n18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first\noffense misdemeanor violation of § 18.2-57.2; any violation of §\n18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of §\n18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the\ndefinition of barrier crime in § 19.2-392.02, except an offense pursuant to\nsubsections H1 and H2 of § 18.2-248; or any substantially similar offense\nunder the laws of another jurisdiction, if the hiring provider determines, based\nupon a screening assessment, that the criminal behavior was substantially\nrelated to the applicant’s substance abuse or mental illness and that the\nperson has been successfully rehabilitated and is not a risk to individuals\nreceiving services based on his criminal history background and his substance\nabuse or mental illness history. In addition, where the employment at an adult\nsubstance abuse treatment program is as a peer recovery specialist, the provider\nmay hire any person eligible under this subsection or who was convicted of any\noffense set forth in clause (iv) of the definition of barrier crime in §\n19.2-392.02 if the hiring provider determines, based upon a screening\nassessment, that the criminal behavior was substantially related to the\nperson’s substance abuse or mental illness and that the person has been\nsuccessfully rehabilitated and is not a risk to individuals receiving services\nbased on his criminal history background and his substance abuse or mental\nillness history.\n\nE. Notwithstanding the provisions of subsection B, a provider may hire for\ncompensated employment or permit any person under contract with the provider to\nserve in a direct care position or permit any person employed by a temporary\nagency that has entered into a contract with the provider to provide direct care\nservices on behalf of the provider at adult substance abuse treatment facilities\na person who has been convicted of not more than one offense under subsection C\nof § 18.2-57, or any substantially similar offense under the laws of\nanother jurisdiction, if (i) the person has been granted a simple pardon if the\noffense was a felony committed in Virginia, or the equivalent if the person was\nconvicted under the laws of another jurisdiction; (ii) more than 10 years have\nelapsed since the conviction; and (iii) the hiring provider determines, based\nupon a screening assessment, that the criminal behavior was substantially\nrelated to the applicant’s substance abuse and that the person has been\nsuccessfully rehabilitated and is not a risk to individuals receiving services\nbased on his criminal history background and his substance abuse history.\n\nF. The hiring provider and a screening contractor designated by the Department\nshall screen applicants who meet the criteria set forth in subsections D and E\nto assess whether the applicants have been rehabilitated successfully and are\nnot a risk to individuals receiving services based on their criminal history\nbackgrounds and substance abuse or mental illness histories. To be eligible for\nsuch screening, the applicant:\n\n 1. Shall have completed all prison or jail terms, shall not be under probation\n or parole supervision, shall have no pending charges in any locality, shall\n have paid all fines, restitution, and court costs for any prior convictions,\n and shall have been free of parole or probation for at least five years for\n all convictions; or\n\n 2. If the applicant is a peer recovery specialist, shall have completed all\n prison or jail terms, shall not be under probation or parole supervision,\n shall have no pending charges in any locality, and shall have been free of\n parole or probation for at least five years for all convictions.\n \t\t\t\tIn addition to any supplementary information the provider or screening\n contractor may require or the applicant may wish to present, the applicant\n shall provide to the screening contractor a statement from his most recent\n probation or parole officer, if any, outlining his period of supervision and a\n copy of any pre-sentencing or post-sentencing report in connection with the\n felony conviction. The cost of this screening shall be paid by the applicant,\n unless the licensed provider decides to pay the cost.\n\nG. Notwithstanding the provisions of subsection B, a provider may (i) hire for\ncompensated employment, (ii) approve as a sponsored residential service\nprovider, (iii) permit to enter into a shared living arrangement, or (iv) permit\nany person under contract with the provider to serve in a direct care position\non behalf of the provider or permit any person employed by a temporary agency\nthat has entered into a contract with the provider to provide direct care\nservices on behalf of the provider persons who have been convicted of not more\nthan one misdemeanor offense under § 18.2-57.2, or any substantially\nsimilar offense under the laws of another jurisdiction, if 10 years have elapsed\nfollowing the conviction, unless the person committed the offense while employed\nin a direct care position. A provider may also approve a person as a sponsored\nresidential service provider if (a) any adult living in the home of an applicant\nor (b) any person employed by the applicant to provide services in the home in\nwhich sponsored residential services are provided has been convicted of not more\nthan one misdemeanor offense under § 18.2-57.2, or any substantially\nsimilar offense under the laws of another jurisdiction, if 10 years have elapsed\nfollowing the conviction, unless the person committed the offense while employed\nin a direct care position.\n\nH. Every provider shall require, as a condition of employment, approval as a\nsponsored residential service provider, permission to enter into a shared living\narrangement with a person receiving medical assistance services pursuant to a\nwaiver, or permission for any person under contract with the provider to serve\nin a direct care position, written consent and personal information necessary to\nobtain a search of the registry of founded complaints of child abuse and neglect\nthat is maintained by the Department of Social Services pursuant to §\n63.2-1515.\n\nI. The cost of obtaining the criminal history record and search of the child\nabuse and neglect registry record shall be borne by the applicant, unless the\nprovider decides to pay the cost.\n\nJ. 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\nK. Notwithstanding any other provision of law, a provider that provides services\nto individuals receiving services under the state plan for medical assistance\nservices or any waiver thereto may disclose to the Department of Medical\nAssistance Services (i) whether a criminal history background check has been\ncompleted for a person described in subsection B for whom a criminal history\nbackground check is required and (ii) whether the person described in subsection\nB is eligible for employment, to provide sponsored residential services, to\nprovide services in the home of a sponsored residential service provider, or to\nenter into a shared living arrangement with a person receiving medical\nassistance services pursuant to a waiver.\n\nL. Any person employed by a temporary agency that has entered into a contract\nwith a provider and who will serve in a direct care position on behalf of such\nprovider shall undergo a background check that shall include:\n\n 1. A criminal history records check through the Central Criminal Records\n Exchange pursuant to § 19.2-389; and\n\n 2. A search of the central registry maintained pursuant to § 63.2-1515\n for any founded complaint of child abuse and neglect.\n \t\t\t\tExcept as otherwise provided in subsection C, D, E, or G, no provider\n shall permit any person employed by a temporary agency that has entered into a\n contract with the provider to provide direct care services on behalf of the\n provider if that person has been convicted of (i) any offense set forth in\n clause (i), (ii), or (iii) of the definition of barrier crime in §\n 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of\n barrier crime in § 19.2-392.02 (a) in the five years prior to the\n application date for employment or (b) if such person continues on probation\n or parole or has failed to pay required court costs for such offense set forth\n in clause (iv) of the definition of barrier crime in § 19.2-392.02.\n\nHISTORY: 2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.","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}}