Virginia SB 555: Barrier crimes; adult substance abuse and mental health treatment providers.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18102507D

SENATE BILL NO. 555 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact � 37.2-416 of the Code of 
 Virginia, relating to barrier crimes; adult substance abuse and mental health 
 treatment providers. 
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Patrons-- Mason and McClellan 

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Referred to Committee on Rehabilitation and Social Services 

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Be it enacted by the General Assembly of Virginia:

1. That � 37.2-416 of the Code of Virginia is amended and 
 reenacted as follows:

� 37.2-416. Background checks required.

A. As used in this section:

"Direct care position" means any position that 
 includes responsibility for (i) treatment, case management, health, safety, 
 development, or well-being of an individual receiving services or (ii) 
 immediately supervising a person in a position with this responsibility.

"Hire for compensated employment" does not include 
 (i) a promotion from one adult substance abuse or adult mental health treatment 
 position to another such position within the same licensee licensed pursuant to 
 this article or (ii) new employment in an adult substance abuse or adult mental 
 health treatment position in another office or program licensed pursuant to 
 this article if the person employed prior to July 1, 1999, in a licensed 
 program had no convictions in the five years prior to the application date for 
 employment. "Hire for compensated employment" includes (a) a 
 promotion or transfer from an adult substance abuse treatment position to any 
 mental health or developmental services direct care position within the same 
 licensee licensed pursuant to this article or (b) new employment in any mental health 
 or developmental services direct care position in another office or program of 
 the same licensee licensed pursuant to this article for which the person has 
 previously worked in an adult substance abuse treatment position.

"Shared living" means an arrangement in which the 
 Commonwealth's program of medical assistance pays a portion of a person's rent, 
 utilities, and food expenses in return for the person residing with and 
 providing companionship, support, and other limited, basic assistance to a person 
 with developmental disabilities receiving medical assistance services in 
 accordance with a waiver for whom he has no legal responsibility.

B. Every provider licensed pursuant to this article shall 
 require (i) any applicant who accepts employment in any direct care position, 
 (ii) any applicant for approval as a sponsored residential service provider, 
 (iii) any adult living in the home of an applicant for approval as a sponsored 
 residential service provider, (iv) any person employed by a sponsored residential 
 service provider to provide services in the home, a