New Criminal Background Check Requirements for Home Care and Assisted Living in Virginia

April 16th, 2014

The state of Virginia recently passed House Bill 450 relating to the employment of individuals with criminal convictions.

The changes made to the law specify that a facility must first obtain a criminal clearance or a criminal history record before placing a person in a position of direct contact with a patient or child, unless the person works under direct supervision of another employee that has been cleared. Criminal clearances and criminal history records are obtained through the State Police who administers the Central Criminal Records Exchange (CCRE). The CCRE is the sole repository for criminal records in the Commonwealth of Virginia.

The amendments to the sections relating to nursing homes and home care organizations are the same. The language added to the law is as follows:

The new language relating to assisted living facilities reads as follows:

Virginia House Bill 450 is available for review here: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0129+pdf.