                                 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.