2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.35 - Review of Criminal History Information Concerning Certain Prospective Employees.

§ 31.35 Review   of  criminal  history  information  concerning  certain
prospective employees.
* (a) Every provider of services who contracts with or is approved  or
otherwise authorized by the office of mental health 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, and
every applicant  to  be  such  a  provider  of  services  except  (i)  a
department  facility, (ii) a hospital as defined in article twenty-eight
of the public health law, or (iii) 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
justice  center  for  the protection of people with special needs check,
and upon such request such justice center shall  request  and  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  prospective  operator,  employee  or
volunteer of  such  provider  who  will  have  regular  and  substantial
unsupervised  or  unrestricted physical contact with the clients of such
provider. For purposes of this section,  "operator"  shall  include  any
natural person with an ownership interest in the provider of services.
* NB Effective until November 3, 2023
* (a)  Every provider of services who contracts with or is approved or
otherwise authorized by the office of mental health 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,  and
every  applicant  to  be  such  a  provider  of  services  except  (i) a
department facility, (ii) a hospital as defined in article  twenty-eight
of  the  public health law, or (iii) 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
justice center for the protection of people with  special  needs  check,
and  upon  such  request  such justice center shall request and 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  prospective  operator,  employee   or
volunteer  of  such  provider  who  will  have  regular  and substantial
unsupervised or unrestricted physical contact with the clients  of  such
provider.  For  purposes  of  this section, "operator" shall include any
natural person with an ownership interest in the provider  of  services.
Provided,  however,  an  applicant  to  be  a  provider  of services, or
provider of services approved or  otherwise  authorized,  under  article
thirty-six   of  this  title  shall  comply  with  the  requirements  of
subdivision (a)  of  section  36.06  of  such  article  to  satisfy  the
requirements  of this section, and provided further that an applicant or
provider who complies  with  the  requirements  of  subdivision  (b)  of
section  36.06  of  such  article, shall be deemed to have satisfied the
requirements of this section.
* NB Effective November 3, 2023
(b) Access to and the use of such information shall be governed by the
provisions of section eight hundred forty-five-b of the executive law.