§ 40.1-25.1-1. Purpose. In order to provide protection for persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department of behavioral healthcare, developmental disabilities and hospitals, all persons eighteen (18) years or older seeking employment in any facility or program licensed, funded, and/or operated by the department […]
§ 40.1-25.1-2. Definitions. For purposes of this chapter: (1) “Agency” means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, persons who are mentally ill, and persons who are substance abusers and that is licensed by the department of behavioral healthcare, developmental disabilities and […]
§ 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 […]
§ 40.1-25.1-4. Prior criminal records check. If an applicant has undergone a national criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police a letter indicating if any disqualifying information was discovered. The bureau […]
§ 40.1-25.1-5. Destruction of fingerprint records. At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant. History of Section.P.L. 2001, ch. 410, § 1.
§ 40.1-25.1-6. Rules and regulations. The director shall promulgate rules and regulations to carry out the intent of this chapter. The rules shall specify the types of jobs and positions that would require national criminal background checks and the rules shall specify those items of information appearing on a criminal records check that constitute disqualifying […]
§ 40.1-25.1-7. Immunity from liability. No employer who disqualifies an individual from employment because of the receipt of a notice of disqualifying information pursuant to this chapter shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of such disqualification. History of Section.P.L. […]
