2006 Code of Virginia § 32.1-126.02 - Hospital pharmacy employees; criminal records check required

32.1-126.02. Hospital pharmacy employees; criminal records check required.

A. A licensed hospital shall obtain, within sixty days of employment of anycompensated employee of the hospital whose duties will provide access tocontrolled substances as defined in 54.1-3401 within the hospital pharmacy,who is not licensed by the Board of Pharmacy, an original criminal historyrecord information from the Central Criminal Records Exchange. The cost ofobtaining the criminal history record information shall be borne by thehospital.

Any person applying to work in a hospital whose duties will provide access tocontrolled substances as defined in 54.1-3401 within the hospital pharmacy,who is not licensed by the Board of Pharmacy, 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 shall be guilty upon conviction of aClass 1 misdemeanor. Further dissemination of the information providedpursuant to this section is prohibited other than to a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.

The provisions of this section shall be enforced by the Commissioner. If anindividual is denied or terminated from employment because of convictionsappearing on his criminal history record, the hospital shall provide, uponthe written request of the individual, a copy of the information obtainedfrom the Central Criminal Records Exchange to the individual.

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.

(1996, c. 428.)