NY Ment Hygiene L § 19.20-A (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 19 - Office of Alcoholism and Substance Abuse 19.20-A - Review of Criminal History Information Concerning Prospective Providers, Operators and Individuals Seeking to Be Credentialed by the Office.

§  19.20-a Review of criminal history information concerning prospective              providers,  operators  and  individuals   seeking   to   be              credentialed by the office.   The  office  shall  be  authorized  to  receive  from  the division of criminal justice services criminal history information, as  such  phrase is  defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law, concerning each  applicant  to  be  a provider  of  services  or  operator  of  such  provider  except:  (1) a department facility; (2) a hospital as defined in  article  twenty-eight of  the  public  health  law; or (3) a licensed professional under title eight of the education law who does not have employees or volunteers who will have regular and substantial unsupervised or unrestricted  physical contact  with  the  clients  of  such provider, and for every individual seeking to be credentialed  by  the  office  to  provide  substance  use disorder  services  pursuant  to  section  19.07  of  this  article. For purposes of this section, "operator" shall include  any  natural  person with an ownership interest in the provider of services.  (a)  Prior  to  requesting criminal history information concerning any prospective provider, operator or individual seeking to be credentialed, the office shall:  (1) inform the prospective provider, operator or individual seeking to be credentialed in writing that the office is required to request his or her criminal history information from the division of  criminal  justice services and review such information pursuant to this section; and  (2)  obtain  the  signed informed consent of the prospective provider, operator or individual seeking to be credentialed on a form supplied  by the  division  of  criminal  justice  services which indicates that such person has:  (i) been informed of the right and  procedures  necessary  to  obtain, review and seek correction of his or her criminal history information;  (ii)  been  informed  of  the  reason  for  the request for his or her criminal history information;  (iii) consented to such request; and  (iv) supplied on the form a current mailing or home address. Upon receiving such written consent, the office may obtain two  sets  of fingerprints  of  such  prospective  provider,  operator  or  individual seeking to be credentialed pursuant to regulations  established  by  the division of criminal justice services.  (b)  The  office  shall designate one or two persons in its employ who shall be authorized to request,  receive  and  review  criminal  history information,  and  only  such  persons  and  the  prospective  provider, operator or individual seeking to be credentialed to which the  criminal history  information  relates  shall  have  access  to such information; provided, however, that criminal history information may be disclosed to other personnel authorized by the  office  who  are  empowered  to  make decisions  concerning  prospective  providers,  operators or individuals seeking  to  be  credentialed  and  provided  further  that  such  other personnel  shall also be subject to the confidentiality requirements and all other provisions of  this  section.  The  office  shall  notify  the division  of criminal justice services of each person authorized to have access to criminal history information pursuant to this section.  (c) The office shall request criminal history information pursuant  to this  section  by  completing  a  form developed for such purpose by the division of criminal justice services. Such form shall include  a  sworn statement  of  the  persons designated by the office to request, receive and review criminal history information pursuant to subdivision  (b)  of this section certifying that:  (1)  such  criminal  history  information  will  be used by the office solely for purposes authorized by this section;  (2)  the  office  and  its  staff  are  aware of and will abide by the confidentiality requirements and all other provisions of  this  section; and  (3)  the  person  designated by the office to receive criminal history information pursuant to subdivision  (b)  of  this  section  shall  upon receipt    immediately    mark   such   criminal   history   information "confidential," and shall at all times maintain  such  criminal  history information in a secure place.  (d)  Upon  receipt of the fingerprints and sworn statement required by subdivisions (a) and (c) of  this  section,  the  division  of  criminal justice  services  shall  promptly  forward  a  set  of the individual's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history  record  check  to  determine  whether  such individual  has  been convicted of a criminal offense in any state other than New York or in a federal jurisdiction.  (e) The division of criminal justice services shall  promptly  provide the  requested  criminal  history  information  to  the office. Criminal history  information  provided  by  the  division  of  criminal  justice services  pursuant  to  this  section shall be furnished only by mail or other method of secure  and  confidential  delivery,  addressed  to  the office.  Such  information  and the envelope in which it is enclosed, if any, shall be prominently marked "confidential," and shall at all  times be maintained by the office in a secure place.  (f)  Upon  receipt  of  criminal  history information pursuant to this section and before making a determination, the office shall provide  the prospective  provider, operator or individual seeking to be credentialed with a copy of such criminal history information and a copy  of  article twenty-three-A  of  the  correction  law  and  inform  such  prospective provider, operator or individual seeking to be credentialed  of  his  or her  right  to seek correction of any incorrect information contained in such criminal  history  information  pursuant  to  the  regulations  and procedures established by the division of criminal justice services.  (g)  Criminal  history  information  obtained pursuant to this section shall be considered by the office in accordance with the  provisions  of article  twenty-three-A  of  the correction law and subdivisions fifteen and sixteen of section two hundred ninety-six of the executive law.  (h) A prospective provider,  operator  or  individual  seeking  to  be credentialed   may   withdraw  from  the  application  process,  without prejudice, at any time regardless of whether or not he  or  she  or  the office  has  reviewed  his  or her criminal history information. Where a prospective provider, operator or individual seeking to be  credentialed withdraws  from  the  application process, any fingerprints and criminal history information concerning such prospective  provider,  operator  or individual  seeking  to  be  credentialed  received by the office shall, within ninety days, be returned to such prospective  provider,  operator or  individual  seeking  to be credentialed by the person designated for receipt of criminal history information pursuant to subdivision  (b)  of this section.  (i)  The  commissioner  of  the  division of criminal justice services shall promulgate all rules and regulations necessary  to  implement  the provisions  of  this  section, which shall include convenient procedures for prospective  providers,  operators  or  individuals  seeking  to  be credentialed  to  promptly verify the accuracy of their criminal history information and, to the extent authorized by  law,  to  have  access  to relevant documents related thereto.  (j)  Any  person who willfully permits the release of any confidential criminal history information contained in  the  report  to  persons  not permitted by this section to receive such information shall be guilty of a misdemeanor.