New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following terms shall have
						the following meanings.
(a) Authorized
					 person means each individual designated by a provider 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 Department of Health.
(c) Criminal history information means a
					 record of pending New York State criminal charges, New York State criminal
					 convictions which have not been vacated or reversed, information from the
					 Federal Bureau of Investigation (FBI) obtained as a result of a national
					 criminal history record check, and certificates of relief from disabilities or
					 certificates of good conduct filed pursuant to subdivision (2) of section
					 705 of the
					 Correction Law and which the division is required to maintain pursuant to
					 subdivision (6) of section
					 837 of the
					 Executive Law.
(d) Criminal
					 conviction means a judgment or sentence for a charge of a felony or misdemeanor
					 under New York State law or a comparable crime under any other
					 jurisdiction.
(e) Department means
					 the New York State Department of Health.
(f) Determination means the decision made by
					 the department after reviewing criminal history information to approve or
					 disapprove a prospective employee's eligibility for employment by a
					 provider.
(g) Division means the
					 New York State Division of Criminal Justice Services.
(h) Permanent record means a permanent,
					 written record of a determination and the criminal history information
					 maintained by the department.
(i)
					 "Employee in direct care and supervision" means
(1) any unlicensed person employed by or used
					 by a nursing home, licensed pursuant to Article 28 of the Public Health Law,
					 who has physical access to a resident's living quarters, or any unlicensed
					 person providing face-to-face care following the resident's care plan in
					 accordance with Section
					 410.2(h) of this
					 Title;
(2) any unlicensed person
					 employed by or used by a certified home health agency, licensed home care
					 services agency, or long term home health care program pursuant to Article 36
					 of the Public Health Law, providing face-to-face care following the
					 professional or paraprofessional plan of care developed for the individual
					 patient in accordance with section
					 766.3 or
					 763.6 of this Title;
(3) any unlicensed person employed by or used
					 by an adult home, enriched housing program, or residence for adults who
					 provides residents face-to-face care or has physical access to a resident's
					 living quarters; or
(4) any
					 unlicensed person employed by or used by a hospice program certified under
					 Article 40 of the Public Health Law who provides patients face-to-face care
					 following the professional or paraprofessional plan of care developed for the
					 individual patient in accordance with section
					 793.4 of this Title.