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 805.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicant
means a natural person who has initiated the process
				of applying to the office for an operating certificate pursuant to Part 810 of
				this Title, or who has initiated the process of applying for any credential,
				renewal or reinstatement of such credential issued by the office pursuant to
				Part 853 of this Title.
(b)
Authorized person
means any person designated by a provider of
				services authorized to request, receive and check criminal history information
				in accordance with this Part.
(c)
Commissioner
means the Commissioner of the New York State
				Office of Alcoholism and Substance Abuse Services.
(d)
Criminal history
				information
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,
criminal 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 information check.
(e)
Designated fingerprinting
				entity
means an entity designated by the office to fingerprint persons
				who are required to have criminal history information reviews in accordance
				with The Protection of People with Special Needs Act (chapter 501 of the Laws
				of 2012), sections 19.20 and 19.20-a  of the Mental Hygiene Law, and this
				Part.
(f)
Division
means the New York State Division of Criminal Justice Services.
(g)
Justice Center
means the
				Justice Center for the Protection of People with Special Needs.
(h)
Natural person
means a
				human being, as distinguished from an artificial person created by law
				(
e.g.
, a corporation).
(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, or is otherwise authorized by the office), who will have the
				potential for, or may be permitted, 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 persons receiving services from an office service provider, 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, or may be
				permitted, regular and substantial unsupervised or unrestricted contact with
				clients.
(l)
Provider of
				services
means a provider of OASAS approved services which is
				expressly required to request a check of criminal history information pursuant
				to section 19.20  of the Mental Hygiene Law, The
				Protection of People with Special Needs Act, and this Part.
(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 regard to whom a provider of services or the office is required
				to request a check of criminal history information pursuant to section 19.20 or
				19.20-a  of the Mental Hygiene Law, The Protection of People with Special Needs
				Act, and this Part.