§ 32.1-126.01. Employment for compensation of persons convicted of certainoffenses prohibited; criminal records check required; suspension orrevocation of license.

A. A licensed nursing home shall not hire for compensated employment, personswho have been convicted of murder or manslaughter as set out in Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2, malicious wounding by mob as setout in § 18.2-41, abduction as set out in subsection A of § 18.2-47,abduction for immoral purposes as set out in § 18.2-48, assaults and bodilywoundings as set out in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title18.2, robbery as set out in § 18.2-58, carjacking as set out in § 18.2-58.1,threats of death or bodily injury as set out in § 18.2-60, felony stalking asset out in § 18.2-60.3, sexual assault as set out in Article 7 (§ 18.2-61 etseq.) of Chapter 4 of Title 18.2, arson as set out in Article 1 (§ 18.2-77 etseq.) of Chapter 5 of Title 18.2, drive by shooting as set out in §18.2-286.1, use of a machine gun in a crime of violence as set out in §18.2-289, aggressive use of a machine gun as set out in § 18.2-290, use of asawed-off shotgun in a crime of violence as set out in subsection A of §18.2-300, pandering as set out in § 18.2-355, crimes against nature involvingchildren as set out in § 18.2-361, incest as set out in § 18.2-366, takingindecent 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 securemedical attention for an injured child as set out in § 18.2-314, obscenityoffenses as set out in § 18.2-374.1, possession of child pornography as setout in § 18.2-374.1:1, electronic facilitation of pornography as set out in §18.2-374.3, abuse and neglect of incapacitated adults as set out in §18.2-369, employing or permitting a minor to assist in an act constituting anoffense under Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 asset out in § 18.2-379, delivery of drugs to prisoners as set out in §18.2-474.1, escape from jail as set out in § 18.2-477, felonies by prisonersas set out in § 53.1-203, or an equivalent offense in another state. However,a licensed nursing home may hire an applicant who has been convicted of onemisdemeanor specified in this section not involving abuse or neglect, if fiveyears have elapsed following the conviction.

Any person desiring to work at a licensed nursing home shall provide thehiring facility 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.

A nursing home shall, within 30 days of employment, obtain for anycompensated employees an original criminal record clearance with respect toconvictions for offenses specified in this section or an original criminalhistory record from the Central Criminal Records Exchange. The provisions ofthis section shall be enforced by the Commissioner. If an applicant is deniedemployment because of convictions appearing on his criminal history record,the nursing home shall provide a copy of the information obtained from theCentral Criminal Records Exchange to 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 nursing home shall notify and provide to all students a copy ofthe provisions of this section prior to or upon enrollment in a certifiednurse aide program operated by such nursing home.

(1992, c. 844; 1993, cc. 17, 657; 1999, c. 637; 2001, c. 329; 2003, c. 517;2006, cc. 701, 764.)