Code of Virginia
Chapter 5 - Regulation of Medical Care Facilities and Services
§ 32.1-126.01. Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license

A. A licensed nursing home shall not hire for compensated employment persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. However, a licensed nursing home may hire an applicant who has been convicted of one such offense punishable as a misdemeanor that does not involve abuse or neglect if five years have elapsed following the conviction.
Any person desiring to work at a licensed nursing home shall provide the hiring facility with a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or outside the Commonwealth. Any person making a materially false statement when providing such sworn statement or affirmation regarding any such offense is guilty upon conviction of a Class 1 misdemeanor. Further dissemination of the information provided pursuant to this section is prohibited other than to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.
A nursing home shall, within 30 days of employment, obtain for any compensated employees an original criminal record clearance with respect to convictions for offenses specified in this section or an original criminal history record from the Central Criminal Records Exchange. However, no employee shall be permitted to work in a position that involves direct contact with a patient until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. The provisions of this section shall be enforced by the Commissioner. If an applicant is denied employment because of convictions appearing on his criminal history record, the nursing home shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant.
The provisions of this section shall not apply to volunteers who work with the permission or under the supervision of a person who has received a clearance pursuant to this section.
B. A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.
C. A licensed nursing home shall notify and provide to all students a copy of the provisions of this section prior to or upon enrollment in a certified nurse 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; 2012, c. 383; 2014, c. 129; 2017, c. 809.

Structure Code of Virginia

Code of Virginia

Title 32.1 - Health

Chapter 5 - Regulation of Medical Care Facilities and Services

§ 32.1-123. Definitions

§ 32.1-124. Exemptions

§ 32.1-125. Establishment or operation of hospitals and nursing homes prohibited without license or certification; licenses not transferable

§ 32.1-125.01. Failing to report; penalty

§ 32.1-125.1. Inspection of hospitals by state agencies generally

§ 32.1-125.2. Disclosure of other providers of services

§ 32.1-125.3. Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital

§ 32.1-125.4. Retaliation or discrimination against complainants

§ 32.1-125.5. Confidentiality of complainant's identity

§ 32.1-126. Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice...

§ 32.1-126.01. Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license

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

§ 32.1-126.1. Asbestos inspection for hospitals

§ 32.1-126.2. Fire suppression systems required in nursing facilities and nursing homes

§ 32.1-126.3. Fire suppression systems required in hospitals

§ 32.1-126.4. Hospital standing orders or protocols for certain vaccinations

§ 32.1-126.5. Consolidation of inspections

§ 32.1-127. Regulations

§ 32.1-127.001. Certain design and construction standards to be incorporated in hospital and nursing home licensure regulations

§ 32.1-127.01. Regulations to authorize certain sanctions and guidelines

§ 32.1-127.1. Immunity from liability for routine referral for organ and tissue donation

§ 32.1-127.1:01. Record storage

§ 32.1-127.1:02. Repealed

§ 32.1-127.1:03. Health records privacy

§ 32.1-127.1:04. Use or disclosure of certain protected health information required

§ 32.1-127.1:05. Breach of medical information notification

§ 32.1-127.2. Repealed

§ 32.1-127.3. Immunity from liability for certain free health care services

§ 32.1-128. Applicability to hospitals and nursing homes for practice of religious tenets

§ 32.1-129. Application for license

§ 32.1-130. Service charges

§ 32.1-131. Expiration and renewal of licenses

§ 32.1-132. Alterations or additions to hospitals and nursing homes; when new license required; use of inpatient hospital beds for furnishing skilled care services

§ 32.1-133. Display of license

§ 32.1-133.1. Human trafficking hotline; posted notice required; civil penalty

§ 32.1-134. Family planning information in hospitals providing maternity care

§ 32.1-134.01. Certain information required for maternity patients

§ 32.1-134.02. Infants; blood sample provided to parents

§ 32.1-134.1. When denial, etc., to duly licensed physician of staff membership or professional privileges improper

§ 32.1-134.2. Clinical privileges for certain practitioners

§ 32.1-134.3. Response to applications for clinical privileges

§ 32.1-134.4. Right of podiatrists or nurse practitioners to injunction

§ 32.1-135. Revocation or suspension of license or certification; restriction or prohibition of new admissions to nursing home

§ 32.1-135.1. Certain advertisements prohibited

§ 32.1-135.2. Offer or payment of remuneration in exchange for referral prohibited

§ 32.1-136. Violation; penalties

§ 32.1-137. Certification of medical care facilities under Title XVIII of Social Security Act

§ 32.1-137.01. Posting of charity care policies

§ 32.1-137.02. Hospital discharge procedures

§ 32.1-137.03. Discharge planning; designation of individual to provide care

§ 32.1-137.04. Patient notice of observation or outpatient status

§ 32.1-137.05. (Effective until July 1, 2023) Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service

§ 32.1-137.05. (Effective July 1, 2023) Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service

§ 32.1-137.06. Lyme disease test result information

§ 32.1-137.07. Violations of certain provisions; penalty

§ 32.1-137.08. Medical care facilities; persons with disabilities; designated support persons

§ 32.1-137.09. Hospital emergency department CPT code data reporting

§ 32.1-137.010. Financial assistance; payment plans

§ 32.1-137.1. Definitions

§ 32.1-137.2. Certification of quality assurance; application; issuance; denial; renewal

§ 32.1-137.3. Regulations

§ 32.1-137.4. Examination, review or investigation

§ 32.1-137.5. Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed care health insurance plan licensee; revocation or nonrenewal of certificate of quality assurance; appeal process; correction

§ 32.1-137.6. Complaint system

§ 32.1-137.7. Definitions

§ 32.1-137.8. Application to and compliance by utilization review entities

§ 32.1-137.9. Requirements and standards for utilization review entities

§ 32.1-137.10. Utilization review plan required

§ 32.1-137.11. Accessibility of utilization review entity

§ 32.1-137.12. Emergencies; extensions; access to and confidentiality of patient-specific medical records and information

§ 32.1-137.13. Adverse determination

§ 32.1-137.14. Reconsideration of adverse determination

§ 32.1-137.15. Adverse determination; appeal

§ 32.1-137.16. Records

§ 32.1-137.17. Limitation on Commissioner's jurisdiction

§ 32.1-138. Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance

§ 32.1-138.1. Implementation of transfer and discharge policies

§ 32.1-138.2. Certain contract provisions prohibited

§ 32.1-138.3. Third party guarantor prohibition

§ 32.1-138.4. Retaliation or discrimination against complainants

§ 32.1-138.5. Confidentiality of complainant's identity

§ 32.1-138.6. Definitions

§ 32.1-138.7. Certificates of registration required; issuance; transferability; regulations

§ 32.1-138.8. Consultation with health regulatory boards

§ 32.1-138.9. Standards for approval

§ 32.1-138.10. Expiration; renewal

§ 32.1-138.11. Denial; revocation

§ 32.1-138.12. Waiver of requirements of article

§ 32.1-138.13. Access to and confidentiality of patient-specific medical records and information

§ 32.1-138.14. No private right of action created

§ 32.1-138.15. Regulations

§ 32.1-139. Repealed

§ 32.1-145. Repealed

§ 32.1-148. Repealed

§ 32.1-157. Repealed

§ 32.1-162.1. Definitions

§ 32.1-162.2. Exemptions from article

§ 32.1-162.3. License required for hospice programs; notice of denial of license; renewal thereof

§ 32.1-162.4. Inspections

§ 32.1-162.5. Regulations

§ 32.1-162.5:1. Notice to dispenser of patient's death; disposition of dispensed drugs

§ 32.1-162.6. Revocation or suspension of license

§ 32.1-162.6:1. Possession or administration of cannabis oil

§ 32.1-162.7. Definitions

§ 32.1-162.8. Exemptions from article

§ 32.1-162.9. Licenses required; renewal thereof

§ 32.1-162.9:1. Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license

§ 32.1-162.10. Inspections; fees

§ 32.1-162.11. Liability insurance required

§ 32.1-162.12. Regulations

§ 32.1-162.13. Revocation or suspension of license

§ 32.1-162.14. Repealed

§ 32.1-162.15. Violation; penalties

§ 32.1-162.15:1. Unlawful advertising as a home care organization

§ 32.1-162.15:2. (Effective July 1, 2023) Definitions

§ 32.1-162.15:3. (Effective July 1, 2023) Services for survivors of sexual assault; plan required

§ 32.1-162.15:4. (For effective date, see Acts 2020, c 725) Treatment services

§ 32.1-162.15:5. Transfer services

§ 32.1-162.15:6. (Effective July 1, 2023) Services for pediatric survivors of sexual assault; plan required

§ 32.1-162.15:7. (Effective July 1, 2023) Inspections; report required

§ 32.1-162.15:8. (Effective July 1, 2023) Storage, retention, and dissemination of photographic documentation

§ 32.1-162.15:9. (Effective July 1, 2023) Submission of evidence

§ 32.1-162.15:10. (Effective July 1, 2023) Complaints

§ 32.1-162.15:11. Task Force on Services for Survivors of Sexual Assault