                                 CODE OF VIRGINIA

BACKGROUND CHECKS REQUIRED; ADULT SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (§
37.2-416.1)

A. As used in this section:
			&#8220;Direct care position&#8221; 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.
			&#8220;Hire for compensated employment&#8221; 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.
&#8220;Hire for compensated employment&#8221; 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.
			&#8220;Peer recovery specialist&#8221; means any person who has completed a
peer recovery specialist training course approved by the Department of
Behavioral Health and Developmental Services.
			&#8220;Provider&#8221; means a provider who is licensed pursuant to this
article and who provides substance abuse or mental health services to adults.

B. 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:

   1. 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 &#xA7; 19.2-392.02 or (ii) any offense set forth in clause
   (iv) of the definition of barrier crime in &#xA7; 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
   &#xA7; 19.2-392.02; or

   2. 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 &#xA7; 19.2-392.02 or
   (ii) any offense set forth in clause (iv) of the definition of barrier crime
   in &#xA7; 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 &#xA7; 19.2-392.02.
   				The Central Criminal Records Exchange, upon receipt of an
   applicant&#8217;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. 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
&#xA7; 18.2-57 or any violation of &#xA7; 18.2-248, 18.2-250, or 18.2-258.1,
except an offense pursuant to subsection H1 or H2 of &#xA7; 18.2-248, provided
that such conviction occurred more than four years prior to the application date
for employment.

D. 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 &#xA7;
18.2-51.3; any misdemeanor violation of &#xA7; 18.2-56 or 18.2-56.1; any first
offense misdemeanor violation of &#xA7; 18.2-57.2; any violation of &#xA7;
18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of &#xA7;
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 &#xA7; 19.2-392.02, except an offense pursuant to
subsections H1 and H2 of &#xA7; 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&#8217;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 &#xA7;
19.2-392.02 if the hiring provider determines, based upon a screening
assessment, that the criminal behavior was substantially related to the
person&#8217;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. 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 &#xA7; 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&#8217;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. 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:

   1. 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

   2. 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.
   				In 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. 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 &#xA7; 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 &#xA7; 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. 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 &#xA7;
63.2-1515.

I. 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.

J. 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.

K. 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.

L. 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:

   1. A criminal history records check through the Central Criminal Records
   Exchange pursuant to &#xA7; 19.2-389; and

   2. A search of the central registry maintained pursuant to &#xA7; 63.2-1515
   for any founded complaint of child abuse and neglect.
   				Except 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 &#xA7;
   19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of
   barrier crime in &#xA7; 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 &#xA7; 19.2-392.02.

HISTORY: 2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.