Chapter 349
2022 -- S 2221 SUBSTITUTE A AS AMENDED
Enacted 06/29/2022

A N   A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

Introduced By: Senator Joshua Miller

Date Introduced: February 08, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 40.1-25.1-3 of the General Laws in Chapter 40.1-25.1 entitled
"Employee Criminal Records Check" is hereby amended to read as follows:
     40.1-25.1-3. Criminal records check requirement.
     (a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and
any facility or program operated by the department shall require all applicants for employment, if
that employment involves routine contact with patients, residents, or clients without the presence
of other employees, to apply to the bureau of criminal identification of the state police or the local
police department or, for organizations employing two hundred fifty (250) or more employees only,
the office of the attorney general for a nationwide criminal records check. The check will conform
to the applicable state and federal standards, including the taking of fingerprints of the applicant.
Fingerprints shall be initially submitted to the office of the attorney general for a check of state
records and thereafter forwarded to the Federal Bureau of Investigation (“FBI”) for a national
criminal history check. The criminal records checks as required by this section shall be conducted
for every five (5) years of continuous employment from the date of the previous criminal
background check.
     (b) If any disqualifying information is discovered with respect to the applicant, the bureau
of criminal identification of the state police or the local police department or the office of the
attorney general will inform the employer, in writing, without disclosing the nature of the
disqualifying information, that an item of disqualifying nature has been discovered. In addition, the
bureau of criminal identification of the state police or the local police department or the office of
the attorney general will inform the applicant, in writing, of the nature of the disqualifying
information. An applicant against whom disqualifying information has been found may request that
a copy of the criminal background report be sent to the employer who shall make a judgment
regarding the employment of the applicant. The results of the national criminal records check shall
be made available to the applicant undergoing a record records check and submitting fingerprints.
     (c) In those situations in which no disqualifying information has been found, the bureau of
criminal identification of the state police or the local police department or the office of the attorney
general shall inform both the applicant and the employer of this fact.
     (d) The employer will maintain on file, subject to investigation by the department, evidence
that criminal records checks in accordance with this statute have been initiated on all employees
seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the
evidence on file will be prima facie grounds to revoke the license or certification of the operator of
any facility or program licensed or certified by the department.
     (e) It shall be the responsibility of the bureau of criminal identification of the state police
or the local police department or the office of the attorney general to conduct the national criminal
records check for the applicant. Any expense associated with obtaining the criminal records check
required pursuant to subsection (a) of this section with respect to organizations employing two
hundred fifty (250) or more employees, including the taking of fingerprints of the applicant, shall
be paid by the organization requiring the criminal records check.
     SECTION 2. This act shall take effect upon passage.
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LC004247/SUB A
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