                                 CODE OF VIRGINIA

HOSPITAL PHARMACY EMPLOYEES; CRIMINAL RECORDS CHECK REQUIRED (§ 32.1-126.02)

A. A licensed hospital shall obtain, within sixty days of employment of any
compensated employee of the hospital whose duties will provide access to
controlled substances as defined in &#xA7; 54.1-3401 within the hospital
pharmacy, who is not licensed by the Board of Pharmacy, an original criminal
history record information from the Central Criminal Records Exchange. The cost
of obtaining the criminal history record information shall be borne by the
hospital.
			Any person applying to work in a hospital whose duties will provide access to
controlled substances as defined in &#xA7; 54.1-3401 within the hospital
pharmacy, who is not licensed by the Board of Pharmacy, shall provide the hiring
facility with a sworn statement or affirmation disclosing any criminal
convictions or any pending criminal charges, whether within or without the
Commonwealth. Any person making a materially false statement when providing such
sworn statement or affirmation shall be 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.
			The provisions of this section shall be enforced by the Commissioner. If an
individual is denied or terminated from employment because of convictions
appearing on his criminal history record, the hospital shall provide, upon the
written request of the individual, a copy of the information obtained from the
Central Criminal Records Exchange to the individual.

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.

HISTORY: 1996, c. 428.