2006 Code of Virginia § 32.1-126.01 - (Effective until July 1, 2007 - See note for contingent expiration) Employment for compensation o...

32.1-126.01. (Effective until July 1, 2007 - See note for contingentexpiration) Employment for compensation of persons convicted of certainoffenses prohibited; criminal records check required; suspension orrevocation of license.

A. A licensed nursing home shall not hire for compensated employment, personswho have been convicted of murder or manslaughter as set out in Article 1 (18.2-30 et seq.) of Chapter 4 of Title 18.2, malicious wounding by mob as setout in 18.2-41, abduction as set out in subsection A of 18.2-47,abduction for immoral purposes as set out in 18.2-48, assaults and bodilywoundings as set out in Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title18.2, robbery as set out in 18.2-58, carjacking as set out in 18.2-58.1,threats of death or bodily injury as set out in 18.2-60, felony stalking asset out in 18.2-60.3, sexual assault as set out in Article 7 ( 18.2-61 etseq.) of Chapter 4 of Title 18.2, arson as set out in Article 1 ( 18.2-77 etseq.) of Chapter 5 of Title 18.2, drive by shooting as set out in 18.2-286.1, use of a machine gun in a crime of violence as set out in 18.2-289, aggressive use of a machine gun as set out in 18.2-290, use of asawed-off shotgun in a crime of violence as set out in subsection A of 18.2-300, pandering as set out in 18.2-355, crimes against nature involvingchildren as set out in 18.2-361, incest as set out in 18.2-366, takingindecent liberties with children as set out in 18.2-370 or 18.2-370.1,abuse and neglect of children as set out in 18.2-371.1, failure to securemedical attention for an injured child as set out in 18.2-314, obscenityoffenses as set out in 18.2-374.1, possession of child pornography as setout in 18.2-374.1:1, electronic facilitation of pornography as set out in 18.2-374.3, abuse and neglect of incapacitated adults as set out in 18.2-369, employing or permitting a minor to assist in an act constituting anoffense under Article 5 ( 18.2-372 et seq.) of Chapter 8 of Title 18.2 asset out in 18.2-379, delivery of drugs to prisoners as set out in 18.2-474.1, escape from jail as set out in 18.2-477, felonies by prisonersas set out in 53.1-203, or an equivalent offense in another state. However,a licensed nursing home may hire an applicant who has been convicted of onemisdemeanor specified in this section not involving abuse or neglect, if fiveyears have elapsed following the conviction.

Any person desiring to work at a licensed nursing home shall provide thehiring facility with a sworn statement or affirmation disclosing any criminalconvictions or any pending criminal charges, whether within or without theCommonwealth. Any person making a materially false statement when providingsuch sworn statement or affirmation regarding any such offense shall beguilty upon conviction of a Class 1 misdemeanor. Further dissemination of theinformation provided pursuant to this section is prohibited other than to afederal or state authority or court as may be required to comply with anexpress requirement of law for such further dissemination.

A nursing home shall, within 30 days of employment, obtain for anycompensated employees an original criminal record clearance with respect toconvictions for offenses specified in this section or an original criminalhistory record from the Central Criminal Records Exchange. The provisions ofthis section shall be enforced by the Commissioner. If an applicant is deniedemployment because of convictions appearing on his criminal history record,the nursing home shall provide a copy of the information obtained from theCentral Criminal Records Exchange to the applicant.

The provisions of this section shall not apply to volunteers who work withthe permission or under the supervision of a person who has received aclearance pursuant to this section.

B. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.

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

(1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c. 517;2006, cc. 701, 764.)

32.1-126.01. (Contingently effective July 1, 2007 - See notes) Employmentfor compensation of persons convicted of certain offenses prohibited;criminal records check required; suspension or revocation of license.

A. A licensed nursing home shall not hire for compensated employment, personswho have been convicted of murder or manslaughter as set out in Article 1 (18.2-30 et seq.) of Chapter 4 of Title 18.2, malicious wounding by mob as setout in 18.2-41, abduction as set out in subsection A of 18.2-47,abduction for immoral purposes as set out in 18.2-48, assaults and bodilywoundings as set out in Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title18.2, robbery as set out in 18.2-58, carjacking as set out in 18.2-58.1,threats of death or bodily injury as set out in 18.2-60, felony stalking asset out in 18.2-60.3, sexual assault as set out in Article 7 ( 18.2-61 etseq.) of Chapter 4 of Title 18.2, arson as set out in Article 1 ( 18.2-77 etseq.) of Chapter 5 of Title 18.2, drive by shooting as set out in 18.2-286.1, use of a machine gun in a crime of violence as set out in 18.2-289, aggressive use of a machine gun as set out in 18.2-290, use of asawed-off shotgun in a crime of violence as set out in subsection A of 18.2-300, pandering as set out in 18.2-355, crimes against nature involvingchildren as set out in 18.2-361, incest as set out in 18.2-366, takingindecent liberties with children as set out in 18.2-370 or 18.2-370.1,abuse and neglect of children as set out in 18.2-371.1, failure to securemedical attention for an injured child as set out in 18.2-314, obscenityoffenses as set out in 18.2-374.1, possession of child pornography as setout in 18.2-374.1:1, electronic facilitation of pornography as set out in 18.2-374.3, abuse and neglect of incapacitated adults as set out in 18.2-369, employing or permitting a minor to assist in an act constituting anoffense under Article 5 ( 18.2-372 et seq.) of Chapter 8 of Title 18.2 asset out in 18.2-379, delivery of drugs to prisoners as set out in 18.2-474.1, escape from jail as set out in 18.2-477, felonies by prisonersas set out in 53.1-203, or an equivalent offense in another state. However,a licensed nursing home may hire an applicant who has been convicted of onemisdemeanor specified in this section not involving abuse or neglect, if fiveyears have elapsed following the conviction.

Any person desiring to work at a licensed nursing home, beginning on or afterJuly 1, 2007, shall provide the hiring facility with a sworn statement oraffirmation disclosing any criminal convictions or any pending criminalcharges, whether within or without the Commonwealth. Any person making amaterially false statement when providing such sworn statement or affirmationregarding any such offense shall be guilty upon conviction of a Class 1misdemeanor. Further dissemination of the information provided pursuant tothis section is prohibited other than to a federal or state authority orcourt as may be required to comply with an express requirement of law forsuch further dissemination.

B. A nursing home shall, within 30 days of employment, obtain for anycompensated employees an original criminal record clearance with respect toconvictions for offenses specified in this section. The applicant shallsubmit to fingerprinting and provide personal descriptive information to beforwarded along with the applicant's fingerprints through the CentralCriminal Records Exchange to the Federal Bureau of Investigation for thepurpose of obtaining a national criminal history record information checkregarding such applicant. The Central Criminal Records Exchange, upon receiptof an applicant's record or notification that no record exists, shall make areport to the nursing home that the applicant meets the criteria or does notmeet the criteria for employment based on whether or not the applicant hasever been convicted of any offense set forth in subsection A or an equivalentoffense in another state. The Central Criminal Records Exchange shall notdisclose information to a nursing home regarding charges or convictions ofany crimes. If any applicant is denied employment because of informationappearing on the criminal history record and the applicant disputes theinformation upon which the denial was based, the Central Criminal RecordsExchange shall, upon request, furnish the applicant the procedures forobtaining a copy of the criminal history record from the Central CriminalRecords Exchange or Federal Bureau of Investigation. The information providedto the nursing home shall not be disseminated except as provided in thissection.

In addition to the fees assessed by the Federal Bureau of Investigation, theDepartment of State Police may assess a fee for responding to requestsrequired by this section. The provisions of this section shall be enforced bythe Commissioner.

The provisions of this section shall not apply to volunteers who work withthe permission or under the supervision of a person who has received aclearance pursuant to this section.

C. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.

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

E. Any business or organization specified by this section that knowingly andwillfully fails to conduct a background check as required herein shall beassessed a civil penalty of not more than $500 by the Commissioner and issubject to the provisions set forth in 32.1-135.

(1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c. 517;2006, cc. 701, 744, 764.)