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12VAC5-381-110. Criminal records checks.

Virginiaprimary-regulationVirginia Department of Health, Office of Licensure and Certification· effective 2015-02-12

What this rule requires your agency to do

  • 1No employee shall work in a position involving direct contact with a patient until an original criminal record report has been received, unless the person works under direct supervision of another employee for whom a background check has been completed (12VAC5-381-110.E).(12VAC5-381-110. Criminal records checks.)
  • 2Any applicant denied employment because of convictions on the report shall be provided a copy of the report by the hiring organization (12VAC5-381-110.I).(12VAC5-381-110. Criminal records checks.)
  • 3A new criminal record report and sworn statement are required when an individual moves between home care organizations, subject to the same-entity-transfer (within 30 days) and leave-of-absence (up to six months) exceptions (12VAC5-381-110.G).(12VAC5-381-110. Criminal records checks.)
  • 4All criminal record reports shall be confidential, maintained in locked files accessible only to the administrator or designee, and further dissemination is prohibited except as required by law (12VAC5-381-110.J, .K).(12VAC5-381-110. Criminal records checks.)
  • 5The criminal record report shall be obtained within 30 days of employment, and the organization shall ensure employees have not been convicted of any barrier crimes listed in § 32.1-162.9:1 (12VAC5-381-110.B).(12VAC5-381-110. Criminal records checks.)
  • 6The organization shall obtain a criminal record report on applicants for compensated employment from the Virginia Department of State Police, and each applicant shall provide a sworn disclosure statement regarding criminal history (12VAC5-381-110.A, .H).(12VAC5-381-110. Criminal records checks.)
  • 7The organization shall not accept a criminal record report dated more than 90 days prior to the date of employment; only the original report shall be accepted (except the temporary-staffing-agency letter exception) (12VAC5-381-110.C, .D).(12VAC5-381-110. Criminal records checks.)

Applies to: Licensed home care organizations in Virginia and temporary staffing agencies supplying substitute staff

Requires home care providers to obtain a Virginia State Police criminal record report and sworn disclosure statement for compensated employees, sets timing (within 30 days of employment; report no older than 90 days), bars employment of persons convicted of barrier crimes under § 32.1-162.9:1, governs direct-contact restrictions, validity/transfer rules, and confidentiality of reports.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.