§ 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
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§ 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.
The results of the national criminal records check shall be made available to the
applicant undergoing a 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.