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1999 SESSION

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SB 1129 Certified nurse aide programs.

Introduced by: W. Henry Maxwell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Certified nurse aide programs. Requires proprietary schools and other health care entities, e.g., nursing homes, home health care organizations, hospices, and adult care residences, operating certified nurse aide programs to notify all students prior to or upon enrollment in a certified nurse aide program of the Commonwealth's law requiring a criminal history check as a condition of employment in certain health care facilities, and to provide such students with a copy of applicable Virginia law. Students and applicants must also be furnished a list of crimes which pose a barrier to employment in such facilities. Under present law, a conviction for certain crimes, i.e. murder, assaults and bodily woundings, robbery, arson, sexual assault, pandering, crimes against nature involving children, abuse and neglect of children, taking indecent liberties with children, abduction for immoral purposes, abuse and neglect of incapacitated adults, failure to secure medical attention for an injured child, and neglect of incapacitated adults, failure to secure medical attention for an injured child, and obscenity offenses, constitutes a barrier to employment in certain health care facilities. Currently, many persons who invest time and money in a certified nurse aide program discover that they cannot get a job in the field after completing the program due to past convictions for crimes which pose a barrier to employment. Other persons with convictions for crimes which do not pose a barrier to employment under the law, frequently are denied admission to certified nurse aide programs, or have been dismissed from jobs which they have held for many years due to misinterpretation of the law. Given minimum educational requirements and skills necessary to enter the certified nurse aide field, many low-income and unskilled individuals, minorities, and persons with prior felony and misdemeanor convictions are disproportionately represented in this field, and because of their socioeconomic circumstances, often cannot afford re-training for another occupation. Prior notice to students desiring training in a certified nurse aide program that a criminal history records check for employment in certain health care facilities is required under Virginia law would facilitate consistency in the interpretation and application of the law, and allow person seeking employment in this field with prior convictions for such barrier crimes to save time and money on job training that they cannot use.

This is a recommendation of the Joint Subcommittee Studying the Status and Needs of African-American Males.


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