New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Authorized person
means the individual(s) designated by a
				provider of services who is authorized to request, receive and review criminal
				history information in accordance with this Part.
(b)
Commissioner
means the
				commissioner of the New York State Office of Mental Health.
(c)
Criminal history information,
				criminal background, or criminal history record
means a record of
				pending criminal charges, criminal convictions which are not vacated or
				reversed, and certificates filed pursuant to subdivision (2) of section 705  of
				the Correction Law, and which the New York State Division of Criminal Justice
				Services is authorized to maintain pursuant to subdivision (6) of section 837  of the Executive Law. For purposes of
				this Part, on or after March 12, 2007, c
riminal history information,
				criminal background, or criminal history record
shall also include
				information from the Federal Bureau of Investigation as a result of a national
				criminal history record check.
(d)
Designated fingerprinting entity
means an entity designated by
				the Office of Mental health to fingerprint persons who are required to have
				criminal background checks in accordance with section 31.35  of the Mental Hygiene Law, section 845-b  of the Executive Law, and this Part.
(e)
Division
means the New
				York State Division of Criminal Justice Services.
(f)
Justice Center
means the
				Justice Center for the Protection of People with Special Needs established
				pursuant to Article 20 of the Executive Law.
(g)
Natural person
means a
				human being, as distinguished from an artificial person created by law (e.g., a
				corporation).
(h)
Office
means the New York State Office of Mental Health.
(i)
Operator
means any
				natural person with an ownership interest in a provider of services.
(j)
Prospective employee
means any person to be employed or utilized by the provider of
				services, (including those persons employed by a contract agency if the subject
				contract is approved, funded, or is otherwise authorized by the Office of
				Mental Health), who will have the potential for regular and substantial
				unsupervised or unrestricted contact with clients.
(k)
Prospective volunteer
means a person who has applied to participate in activities with or
				for the benefit of clients of a provider of services, under the supervision of
				staff or management of such provider, for which he or she receives no salary or
				remuneration, who will have the potential for regular and substantial
				unsupervised or unrestricted contact with clients.
(l)
Provider of services
means a "provider of services" as defined in Section 1.03  of the Mental Hygiene Law, which is
				expressly authorized to request a check of criminal history information
				pursuant to Section 845-b  of the Executive Law, Section 31.35 
				of the Mental Hygiene Law, and provided further, that such term also includes
				the term "facility" or "provider agency" as defined in Section 488  of the Social Services Law, with respect
				to providers under the jurisdiction of the Office of Mental Health.
(m)
Register of Substantiated
				Category One Cases of Abuse and Neglect
means the statewide register
				established pursuant to Section 495 of the Executive Law maintained by the
				Justice Center for the Protection of People with Special Needs.
(n)
Subject individual
means
				a person with whom a provider of services is authorized to request a check of
				criminal history information pursuant to Section 845-b  of the Executive Law, Section 31.35 
				of the Mental Hygiene Law, and this Part.