                                 CODE OF VIRGINIA

EMPLOYMENT FOR COMPENSATION OF PERSONS CONVICTED OF BARRIER CRIMES PROHIBITED;
CRIMINAL RECORDS CHECK REQUIRED; SUSPENSION OR REVOCATION OF LICENSE (§
32.1-126.01)

A. A licensed nursing home shall not hire for compensated employment persons who
have been convicted of any offense set forth in clause (i) of the definition of
barrier crime in &#xA7; 19.2-392.02. However, a licensed nursing home may hire
an applicant who has been convicted of one such offense punishable as a
misdemeanor that does not involve abuse or neglect if five years have elapsed
following the conviction.
			Any person desiring to work at a licensed nursing home shall provide the
hiring facility with a sworn statement or affirmation disclosing any criminal
convictions or any pending criminal charges, whether within or outside the
Commonwealth. Any person making a materially false statement when providing such
sworn statement or affirmation regarding any such offense is guilty upon
conviction of a Class 1 misdemeanor. Further dissemination of the information
provided pursuant to this section is prohibited other than to a federal or state
authority or court as may be required to comply with an express requirement of
law for such further dissemination.
			A nursing home shall, within 30 days of employment, obtain for any
compensated employees an original criminal record clearance with respect to
convictions for offenses specified in this section or an original criminal
history record from the Central Criminal Records Exchange. However, no employee
shall be permitted to work in a position that involves direct contact with a
patient until an original criminal record clearance or original criminal history
record has been received, unless such person works under the direct supervision
of another employee for whom a background check has been completed in accordance
with the requirements of this section. The provisions of this section shall be
enforced by the Commissioner. If an applicant is denied employment because of
convictions appearing on his criminal history record, the nursing home shall
provide a copy of the information obtained from the Central Criminal Records
Exchange to the applicant.
			The 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. 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.

C. A licensed nursing home shall notify and provide to all students a copy of
the provisions of this section prior to or upon enrollment in a certified nurse
aide program operated by such nursing home.

HISTORY: 1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c.
517; 2006, cc. 701, 764; 2012, c. 383; 2014, c. 129; 2017, c. 809.