New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.5 - Submission of fingerprints by prospective employees, contractors or volunteers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				office shall perform a criminal history information check on behalf of any
				provider of services seeking to hire, contract with or utilize services of a
				prospective employee, contractor or volunteer. For purposes of this Part, the
inclusion of a national criminal history information check
shall apply to all prospective employees, contractors or volunteers whose
				requests are submitted to the office for a criminal history information check
				because such persons will have the potential for, or may be permitted, regular
				and substantial unsupervised or unrestricted physical contact with the clients
				in such treatment facilities.
(b)
				Criminal history information checks required in accordance with this section
				shall apply only to persons who are prospective employees, contractors or
				volunteers as defined in this Part or as identified by the office or the
				provider of services.
(c) The
				division shall supply the office, or every provider of services subject to the
				provisions of this section, with information identifying the designated
				fingerprinting entities which may be utilized to facilitate compliance with
				this Part.
(d)
Fingerprint
				submission process.
Upon receipt of an application from a prospective employee,
				  contractor or volunteer every provider of services subject to this Part
				  shall:
(1) Check the Justice Center's
				Register of Substantiated Category One cases of Abuse and Neglect. If the
				applicant's name appears on the register, the provider of services shall not
				process the application. If the applicant's name does not appear on the
				register, the provider of services may proceed with the fingerprint submission
				process and shall obtain and maintain documentation regarding paragraphs
				(2)-(4) of this subdivision.
(2)
				Inform the individual, in writing, that the provider is authorized, and in some
				cases required, to request a check of his or her criminal history information
				and check the results of such check in accordance with section 19.20  of the Mental Hygiene Law.
(3) Obtain signed informed consent from the
				subject individual on a form acceptable to the division indicating 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;
(iii) been informed that the criminal history
				information sought will include both a New York State and a national criminal
				history information check;
(iv)
				consented to such request for a report of his or her New York State and
				national criminal history;
(v) or
				has not, to the best of his or her knowledge, ever been convicted of a crime in
				New York State or any other jurisdiction;
(vi) or has not, to the best of his or her
				knowledge, any felony or misdemeanor charges currently pending against him or
				her that remain unresolved; and
(vii) supplied the provider with his or her
				current mailing or home address.
(4) Upon receiving such consent, the provider
				shall:
(i) refer the prospective employee,
				contractor or volunteer to the designated fingerprinting entity for
				fingerprinting; and
(ii) complete
				and submit a form provided by the designated fingerprinting entity, such form
				to be completed by the authorized person and maintained by the provider, and
				include a sworn statement from the authorized person attesting that:
(a) the authorized person identifies the name
				of each person for whom a criminal history information check is being
				requested, and attests that each such person is either a prospective employee,
				contractor or volunteer of the provider of services, and, as such, the person
				is a subject individual, as defined in section
				805.4  of
				this Part;
(b) the authorized
				person identifies the specific duties which qualify the provider of services to
				request a check of the subject individual's criminal history
				information;
(c) the results of the
				criminal history information check will be used by the provider of services
				solely for the purposes authorized by law; and
(d) the provider of services, its agents, and
				employees are aware of and will abide by the confidentiality requirements of
				section 845-b  of the Executive Law.
(iii) maintain documentation
				demonstrating that the provider of services has complied with paragraph (3) of
				this subdivision.