Virginia Administrative Code
Title 12 - HEALTH
Agency 5 - DEPARTMENT OF HEALTH
Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS
Part I - Definitions and General Information
Section 12VAC5-381-110 - Criminal records checks
Current through Register Vol. 40, No. 16, March 25, 2024
A. Section 32.1-162.9:1 of the Code of Virginia requires home care providers, as defined in § 32.1-162.7 of the Code of Virginia, to obtain a criminal record report on applicants for compensated employment from the Virginia Department of State Police. Section 32.1-162.9:1 of the Code of Virginia also requires that all applicants for employment in home care organizations provide a sworn disclosure statement regarding their criminal history.
B. The criminal record report shall be obtained within 30 days of employment. It shall be the responsibility of the organization to ensure that its employees have not been convicted of any of the barrier crimes listed in § 32.1-162.9:1 of the Code of Virginia.
C. The organization shall not accept a criminal record report dated more than 90 days prior to the date of employment.
D. Only the original criminal record report shall be accepted. An exception is permitted for organizations using temporary staffing agencies for the provision of substitute staff. The organization shall obtain a letter from the temporary staffing agency containing the following information:
E. No employee shall be permitted to work in a position that involves direct contact with a patient until an original criminal record report has been received by the home care organization or temporary staffing agency, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with subsection B of this section.
F. A criminal record report remains valid as long as the employee remains in continuous service with the same organization.
G. A new criminal record report and sworn statement shall be required when an individual terminates employment at one home care organization and begins work at another home care organization. The following exceptions are permitted:
H. A sworn disclosure statement shall be completed by all applicants for employment. The sworn disclosure statement shall be attached to and filed with the criminal record report.
I. Any applicant denied employment because of convictions appearing on his criminal record report shall be provided a copy of the report by the hiring organization.
J. All criminal record reports shall be confidential and maintained in locked files accessible only to the administrator or designee.
K. Further dissemination of the criminal record report and sworn disclosure statement information is prohibited other than to the commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.
Statutory Authority: §§ 32.1-12 and 32.1-162.12 of the Code of Virginia.