NY Ment Hygiene L § 19.20 (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 - Review of Criminal History Information Concerning Certain Prospective Employees and Volunteers.

§  19.20  Review  of  criminal  history  information  concerning certain             prospective employees and volunteers.   Every provider of services  who  contracts  with  or  is  approved  or otherwise  authorized  by  the  office to provide services, 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, shall request that the office request  and  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 prospective employee or volunteer of such provider   who   will  have  regular  and  substantial  unsupervised  or unrestricted physical contact with the clients of such provider.  (a) Prior to requesting  the  office  to  obtain  a  criminal  history information concerning any prospective employee or volunteer, a provider shall:  (1)  inform  the prospective employee or volunteer in writing that the provider is required to request his or her criminal history  information and review such information pursuant to this section; and  (2)  obtain the signed informed consent of the prospective employee or volunteer 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 provider shall obtain two sets of fingerprints of such prospective employee or  volunteer  and  provide such  fingerprints  to the office pursuant to regulations established by the division of criminal justice services.  (b) A provider requesting criminal  history  information  pursuant  to this  section  shall  also complete a form developed for such purpose by the division of criminal justice services. Such  form  shall  include  a sworn  statement  of  the person designated by such provider to request, receive and review criminal history information  pursuant  to  paragraph one of subdivision (g) of this section certifying that:  (1)  such  criminal  history  information will be used by the provider solely for purposes authorized by this section;  (2) the provider and its staff are aware of  and  will  abide  by  the confidentiality  requirements  and all other provisions of this section; and  (3) the persons designated by the provider to receive criminal history information pursuant to paragraph one of subdivision (g) 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.  (c) Upon receipt of the fingerprints and sworn statement  required  by subdivisions  (a)  and  (b)  of  this section, the office shall promptly submit the fingerprints to the division of  criminal  justice  services. The  division  of criminal justice services shall promptly forward a set of the applicant's fingerprints to the federal bureau  of  investigation for  the  purpose  of  a  nationwide  criminal  history  record check to determine whether such  applicant  has  been  convicted  of  a  criminal offense in any state other than New York or in a federal jurisdiction.  (d)  The  division of criminal justice services shall promptly provide the requested criminal history  information,  if  any,  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.  (e) After receiving any criminal history information provided  by  the division  of criminal justice services concerning a prospective employee or volunteer, the office  shall  review  the  information  to  determine whether  such  prospective employee or volunteer has been convicted of a criminal offense in any state other  than  New  York  or  in  a  federal jurisdiction.  If  the  record  does  not  include such information, the office shall  forward  a  summary  of  the  New  York  criminal  history information  to  the  provider who shall proceed pursuant to subdivision (g) of this section. For the purposes of this section, "summary  of  the criminal  history  information"  shall  mean a comprehensive synopsis of criminal history  information  which  shall  include  an  individualized statement for each pending charge and each criminal conviction which has not been vacated, reversed or sealed.  (f)  Where  the  criminal  history  information received by the office includes a criminal offense in any state other than New  York  or  in  a federal  jurisdiction,  the  office shall consider whether to approve or disapprove the  prospective  employee  based  on  the  criminal  history information  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 and notify the provider of its determination, provided, however,  that  a  reasonable  time  before making  a  determination  pursuant to this subdivision, the office shall provide the prospective  employee  or  volunteer  with  a  copy  of  the criminal history information and a copy of article twenty-three-A of the correction law, and inform such prospective employee or volunteer 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)  Where  the  provider  receives  a summary of the criminal history information from the office pursuant to subdivision (e) of this section, the provider shall consider  the  information  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.  (1)  A  provider  shall designate one or two persons in its employ who shall be authorized to request, receive and review the  summary  of  the criminal  history information, and only such persons and the prospective employee or volunteer to which the criminal history information  relates shall  have  access  to  such  information;  provided, however, that the summary of the criminal history information may be  disclosed  to  other personnel authorized by the provider who are empowered to make decisions concerning prospective employees or volunteers and provided further that such  other  personnel  shall  also  be  subject  to the confidentiality requirements and all other provisions of this section. A provider  shall notify  the  office of each person authorized to have access to criminal history information pursuant to this section.  (2) Upon receipt  of  the  summary  of  criminal  history  information pursuant  to  this  section,  a  provider  shall provide the prospective employee or volunteer with a  copy  of  such  summary  of  the  criminal history  information  and  a  copy  of  article  twenty-three-A  of  the  correction law, and inform such prospective employee or volunteer 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.  (h)  A  prospective  employee  or  volunteer  may  withdraw  from  the application process,  without  prejudice,  at  any  time  regardless  of whether  he  or  she, the office or the provider has reviewed his or her criminal history information. Where a prospective employee or  volunteer withdraws  from  the  application process, any fingerprints and criminal history information concerning such prospective  employee  or  volunteer received  by  the  office  or the provider shall, within ninety days, be returned to such prospective employee or volunteer.  (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 employees and volunteers 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.