2006 Code of Virginia § 32.1-162.9:1 - (Effective until July 1, 2007 - See note for contingent expiration) Employment for compensation o...

32.1-162.9:1. (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 home care organization as defined in 32.1-162.7 or any homecare organization exempt from licensure under subdivision 3 a, b, or c of 32.1-162.8 or any licensed hospice as defined in 32.1-162.1 shall not hirefor compensated employment, persons who have been convicted of murder ormanslaughter as set out in Article 1 ( 18.2-30 et seq.) of Chapter 4 ofTitle 18.2, malicious wounding by a mob as set out in 18.2-41, abduction asset out in subsection A of 18.2-47, abduction for immoral purposes as setout in 18.2-48, assaults and bodily woundings as set out in Article 4 (18.2-51 et seq.) of Chapter 4 of Title 18.2, robbery as set out in 18.2-58,carjacking as set out in 18.2-58.1, threats of death or bodily injury asset out in 18.2-60, felony stalking as set out in 18.2-60.3, sexualassault as set out in Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title18.2, arson as set out in Article 1 ( 18.2-77 et seq.) of Chapter 5 of Title18.2, drive by shooting as set out in 18.2-286.1, use of a machine gun in acrime of violence as set out in 18.2-289, aggressive use of a machine gunas set out in 18.2-290, use of a sawed-off shotgun in a crime of violenceas set out in subsection A of 18.2-300, pandering as set out in 18.2-355,crimes against nature involving children as set out in 18.2-361, incest asset out in 18.2-366, taking indecent 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 secure medical attention for an injured child as setout in 18.2-314, obscenity offenses as set out in 18.2-374.1, possessionof child pornography as set out in 18.2-374.1:1, electronic facilitation ofpornography as set out in 18.2-374.3, abuse and neglect of incapacitatedadults as set out in 18.2-369, employing or permitting a minor to assist inan act constituting an offense under Article 5 ( 18.2-372 et seq.) ofChapter 8 of Title 18.2 as set out in 18.2-379, delivery of drugs toprisoners as set out in 18.2-474.1, escape from jail as set out in 18.2-477, felonies by prisoners as set out in 53.1-203, or an equivalentoffense in another state.

However, a home care organization or hospice may hire an applicant convictedof one misdemeanor specified in this section not involving abuse or neglect,if five years have elapsed since the conviction.

Any person desiring to work at a licensed home care organization as definedin 32.1-162.7 or any home care organization exempt from licensure undersubdivision 3 a, b, or c of 32.1-162.8 or any licensed hospice as definedin 32.1-162.1 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.

Such home care organization or hospice shall, within 30 days of employment,obtain for any compensated employees an original criminal record clearancewith respect to convictions for offenses specified in this section or anoriginal criminal history record from the Central Criminal Records Exchange.The provisions of this section shall be enforced by the Commissioner. If anapplicant is denied employment because of convictions appearing on hiscriminal history record, the home care organization or hospice shall providea copy of the information obtained from the Central Criminal Records Exchangeto 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 home care organization or hospice shall notify and provide allstudents a copy of the provisions of this section prior to or upon enrollmentin a certified nurse aide program operated by such home care organization orhospice.

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

32.1-162.9:1. (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 home care organization as defined in 32.1-162.7 or any homecare organization exempt from licensure under subdivision 3 a, b, or c of 32.1-162.8 or any licensed hospice as defined in 32.1-162.1 shall not hirefor compensated employment, persons who have been convicted of murder ormanslaughter as set out in Article 1 ( 18.2-30 et seq.) of Chapter 4 ofTitle 18.2, malicious wounding by a mob as set out in 18.2-41, abduction asset out in subsection A of 18.2-47, abduction for immoral purposes as setout in 18.2-48, assaults and bodily woundings as set out in Article 4 (18.2-51 et seq.) of Chapter 4 of Title 18.2, robbery as set out in 18.2-58,carjacking as set out in 18.2-58.1, threats of death or bodily injury asset out in 18.2-60, felony stalking as set out in 18.2-60.3, sexualassault as set out in Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title18.2, arson as set out in Article 1 ( 18.2-77 et seq.) of Chapter 5 of Title18.2, drive by shooting as set out in 18.2-286.1, use of a machine gun in acrime of violence as set out in 18.2-289, aggressive use of a machine gunas set out in 18.2-290, use of a sawed-off shotgun in a crime of violenceas set out in subsection A of 18.2-300, pandering as set out in 18.2-355,crimes against nature involving children as set out in 18.2-361, incest asset out in 18.2-366, taking indecent 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 secure medical attention for an injured child as setout in 18.2-314, obscenity offenses as set out in 18.2-374.1, possessionof child pornography as set out in 18.2-374.1:1, electronic facilitation ofpornography as set out in 18.2-374.3, abuse and neglect of incapacitatedadults as set out in 18.2-369, employing or permitting a minor to assist inan act constituting an offense under Article 5 ( 18.2-372 et seq.) ofChapter 8 of Title 18.2 as set out in 18.2-379, delivery of drugs toprisoners as set out in 18.2-474.1, escape from jail as set out in 18.2-477, felonies by prisoners as set out in 53.1-203, or an equivalentoffense in another state.

However, a home care organization or hospice may hire an applicant convictedof one misdemeanor specified in this section not involving abuse or neglect,if five years have elapsed since the conviction.

Any person desiring to work at a licensed home care organization as definedin 32.1-162.7 or any home care organization exempt from licensure undersubdivision 3 a, b, or c of 32.1-162.8 or any licensed hospice as definedin 32.1-162.1, beginning on or after July 1, 2007, shall provide the hiringfacility 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.

B. Such home care organization or hospice shall, within 30 days ofemployment, obtain for any compensated employees an original criminal recordclearance with respect to convictions for offenses specified in this section.The applicant shall submit to fingerprinting and provide personal descriptiveinformation to be forwarded along with the applicant's fingerprints throughthe Central Criminal Records Exchange to the Federal Bureau of Investigationfor the purpose of obtaining a national criminal history record informationcheck regarding such applicant. The Central Criminal Records Exchange, uponreceipt of an applicant's record or notification that no record exists, shallmake a report to the home care organization or hospice that the applicantmeets the criteria or does not meet the criteria for employment based onwhether or not the applicant has ever been convicted of any offense set forthin subsection A or an equivalent offense in another state. The CentralCriminal Records Exchange shall not disclose information to a home careorganization or hospice regarding charges or convictions of any crimes. Ifany applicant is denied employment because of information appearing on thecriminal history record and the applicant disputes the information upon whichthe denial was based, the Central Criminal Records Exchange shall, uponrequest, furnish the applicant the procedures for obtaining a copy of thecriminal history record from the Central Criminal Records Exchange or FederalBureau of Investigation. The information provided to the home careorganization or hospice 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 home care organization or hospice shall notify and provide allstudents a copy of the provisions of this section prior to or upon enrollmentin a certified nurse aide program operated by such home care organization orhospice.

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 32.1-162.6 and 32.1-162.13.

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