32.1-162.9:1 - Employment for compensation of persons convicted of certain offenses prohibited; criminal records c...
§ 32.1-162.9:1. Employment for compensation of persons convicted of certainoffenses prohibited; criminal records check required; drug testing;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 or b 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 or b of § 32.1-162.8 or any licensed hospice as defined in §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 licensed home care organization as defined in § 32.1-162.7 or any homecare organization exempt from licensure under subdivision 3 a or b of §32.1-162.8 shall establish policies for maintaining a drug-free workplace,which may include drug testing when the employer has cause to believe thatthe person has engaged in the use of illegal drugs and periodically duringthe course of employment. All positive results from drug testing administeredpursuant to this section shall be reported to the health regulatory boardsresponsible for licensing, certifying, or registering the person to practice,if any.
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.
(1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2003, c. 517; 2006, cc. 701,764; 2010, cc. 415, 790.)