Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Regulation of licensed providers; Board of BHDS to require disclosure of certain information.
Purpose of legislation
The 2019 General Assembly adopted Chapter 776 (HB2652) to require every licensed provider of all services (excluding children’s residential) to provide a truthful statement regarding the character, ability, and fitness for employment of a current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check to any other licensed provider with which the current or past employee has applied for employment or to fill a role that requires a criminal history background check upon receipt of a request for such information from the other licensed provider and written consent to the disclosure of such information executed by the current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check. Code of Virginia § 8.01-46.1 provides immunity for employers giving truthful references to a perspective employer. Therefore, as long as the employer is truthful and acts in good faith when providing the reference, claims for defamation by employees will not be successful. Enforcement will focus on whether or not a provider has provided a reference, and not the content of the reference. Nothing in the amended licensing regulations shall require disclosure of information subject to privilege or confidentiality pursuant to § 8.01-581.16, 8.01-581.17, or 32.1-127.1:03 of the Code of Virginia or federal law.
|Legislation mandating a change||Chap 776 (2019)|
|VAC chapters to be amended|
|Associated Regulatory Actions||