N.Y. MHY Law § 36.06 — New York Code / Act MHY / Title E / Article 36 / Section 36.06
Review of criminal history information
Status: in_force

§ 36.06 Review of criminal history information.\n  (a) The justice center for the protection of people with special needs\nand the office of addiction services and supports shall be authorized to\njointly receive from the division of criminal justice services criminal\nhistory information, as such term is defined in paragraph (c) of\nsubdivision one of section eight hundred forty-five-b of the executive\nlaw, pursuant to the authority provided under sections 19.20, 19.20-a,\nand 31.35 of this chapter to facilitate a single process to review such\ncriminal history of and make a suitability determination for applicants\nto be providers of services and prospective employees or volunteers who\nwill have regular and substantial unsupervised or unrestricted physical\ncontact with the clients of a provider licensed, certified, or otherwise\nauthorized under this article, in accordance with policies and\nprocedures developed jointly by the justice center for the protection of\npeople with special needs and the office of addiction services and\nsupports, in consultation with the office of mental health.\n  (b) The justice center for the protection of people with special needs\nand the office of addiction services and supports shall be authorized to\njointly adopt a single process to review the criminal history of and\nmake a suitability determination for applicants to be providers of\nservices under both articles thirty-one and thirty-two of this title,\nand prospective employees or volunteers who will have regular and\nsubstantial unsupervised or unrestricted physical contact with the\nclients of such provider and shall be authorized to jointly receive\ncriminal history information, as such term is defined in paragraph (c)\nof subdivision one of section eight hundred forty-five-b of the\nexecutive law from the division of criminal justice services.\n  * (c) Providers licensed pursuant to this article shall be considered\ncontracted, licensed, approved or otherwise authorized by the office of\naddiction services and supports and the office of mental health for the\npurpose of sections 19.20, 19.20-a, and 31.35 of this chapter, as may be\napplicable. Providers shall be required to comply with the review of\ncriminal history information, as required in such sections, for\nprospective employees or volunteers who will have regular and\nsubstantial unsupervised or unrestricted physical contact with the\nclients of such provider.\n  * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n  * (d) The office of addiction services and supports and the office of\nmental health, in consultation with the justice center for the\nprotection of people with special needs, shall jointly promulgate\nregulations establishing the process by which a provider shall comply\nwith this section.\n  * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n