TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-25.1
Employee Criminal Records Check

SECTION 40.1-25.1-3


   § 40.1-25.1-3  Criminal records check requirement. – (a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and any facility or program operated by the department shall require all applicants for employment, if that employment involves routine contact with patients, residents or clients without the presence of other employees, to apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check. The check will conform to the applicable federal standards, including the taking of fingerprints of the applicant.

   (b) If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the state police or the local police department will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the state police or the local police department will inform the applicant, in writing, of the nature of the disqualifying information. An applicant against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the employment of the applicant.

   (c) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department shall inform both the applicant and the employer of this fact.

   (d) The employer will maintain on file, subject to investigation by the department, evidence that criminal records checks in accordance with this statute have been initiated on all employees seeking employment after August 1, 2001 and the results of the checks. Failure to maintain the evidence on file will be prima facie grounds to revoke the license or certification of the operator of any facility or program licensed or certified by the department.

   (e) It shall be the responsibility of the bureau of criminal identification of the state police or the local police department to conduct the national criminal records check for the applicant.

History of Section.
(P.L. 2001, ch. 410, § 1.)