                                 CODE OF VIRGINIA

EMPLOYMENT FOR COMPENSATION OF PERSONS CONVICTED OF BARRIER CRIMES PROHIBITED;
CRIMINAL RECORDS CHECK REQUIRED; DRUG TESTING; SUSPENSION OR REVOCATION OF
LICENSE (§ 32.1-162.9:1)

A. A licensed home care organization as defined in &#xA7; 32.1-162.7 or any home
care organization exempt from licensure under subdivision 3 a or b of &#xA7;
32.1-162.8 or any licensed hospice as defined in &#xA7; 32.1-162.1 shall not
hire for compensated employment, persons who have been convicted of any offense
set forth in clause (i) of the definition of barrier crime in &#xA7;
19.2-392.02.
			However, a home care organization or hospice may hire an applicant who has
been convicted of one such offense punishable as a misdemeanor that does not
involve abuse or neglect if five years have elapsed since the conviction.
			Any person desiring to work at a licensed home care organization as defined
in &#xA7; 32.1-162.7 or any home care organization exempt from licensure under
subdivision 3 a or b of &#xA7; 32.1-162.8 or any licensed hospice as defined in
&#xA7; 32.1-162.1 shall provide the hiring facility with a sworn statement or
affirmation disclosing any criminal convictions or any pending criminal charges,
whether within or outside the Commonwealth. Any person making a materially false
statement when providing such sworn statement or affirmation regarding any such
offense is guilty upon conviction of a Class 1 misdemeanor. Further
dissemination of the information provided pursuant to this section is prohibited
other than to a federal or state authority or court as may be required to comply
with an express requirement of law for such further dissemination.
			Such home care organization or hospice shall, within 30 days of employment,
obtain for any compensated employees an original criminal record clearance with
respect to convictions for offenses specified in this section or an original
criminal history record from the Central Criminal Records Exchange. However, no
employee shall be permitted to work in a position that involves direct contact
with a patient until an original criminal record clearance or original criminal
history record has been received, unless such person works under the direct
supervision of another employee for whom a background check has been completed
in accordance with the requirements of this section. The provisions of this
section shall be enforced by the Commissioner. If an applicant is denied
employment because of convictions appearing on his criminal history record, the
home care organization or hospice shall provide a copy of the information
obtained from the Central Criminal Records Exchange to the applicant.
			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. Notwithstanding any other provision of law, a licensed home care agency, a
home care organization exempt from licensure under subdivision 3 a or b of
&#xA7; 32.1-162.8, or any licensed hospice as defined in &#xA7; 32.1-162.1 that
provides services to individuals receiving services under the state plan for
medical assistance services or any waiver thereto may disclose to the Department
of Medical Assistance Services (i) whether a criminal history background check
has been performed on an employee of the home care agency in accordance with
this section and (ii) whether such person is eligible for employment.

C. A licensed home care organization as defined in &#xA7; 32.1-162.7 or any home
care organization exempt from licensure under subdivision 3 a or b of &#xA7;
32.1-162.8 shall establish policies for maintaining a drug-free workplace, which
may include drug testing when the employer has cause to believe that the person
has engaged in the use of illegal drugs and periodically during the course of
employment. All positive results from drug testing administered pursuant to this
section shall be reported to the health regulatory boards responsible for
licensing, certifying, or registering the person to practice, if any.

D. 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.

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

HISTORY: 1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2003, c. 517; 2006, cc.
701, 764; 2010, cc. 415, 790; 2012, c. 383; 2014, c. 129; 2017, c. 809; 2019, c.
89.