S. 3016--B 2
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 (A) prospective oper-
ator, employee or volunteer of such provider who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider, OR (B) OTHER PERSON OVER THE AGE OF EIGHTEEN
WHO IS TO RESIDE IN A FAMILY CARE HOME OR FAMILY BASED TREATMENT PROGRAM
APPROVED BY THE OFFICE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE,
EXCEPT ANY PERSON RECEIVING FAMILY CARE OR FAMILY BASED TREATMENT
SERVICES, WHO WILL HAVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRE-
STRICTED 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.
S 2. Paragraph (c) of subdivision 1, paragraphs (a), (b) and (c) of
subdivision 3 and subdivisions 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
section 845-b of the executive law, as amended by chapter 769 of the
laws of 2005, the closing paragraph of subparagraph (iii) of paragraph
(c) of subdivision 3 as amended and paragraph (b-1) of subdivision 4 as
added by chapter 673 of the laws of 2006 and subdivisions 4 and 5 as
amended by chapter 331 of the laws of 2006, are amended to read as
follows:
(c) "Criminal history information" means a record of pending criminal
charges, criminal convictions which are not vacated or reversed, and
certificates filed pursuant to subdivision two of section seven hundred
five of the correction law, and which the division is authorized to
maintain pursuant to subdivision six of section eight hundred thirty-
seven of this article. For the purposes of [criminal history information
checks authorized pursuant to article twenty-eight-E of the public
health law] THIS SECTION, criminal history information shall also
include information from the federal bureau of investigation as a result
of a national criminal history record check.
(a) A provider authorized to request a check of criminal history
information pursuant to subdivision two of this section shall designate
one OR MORE authorized [person] PERSONS, who shall request a check of
criminal history information on behalf of such provider pursuant to this
section and review the results of such check. Only such authorized
[person or his or her designee] PERSONS and the subject individual to
whom such criminal history information relates shall have access to such
information; provided, however, that criminal history information
received by a provider may be disclosed to other persons who are direct-
ly participating in any decision in regard to such subject individual;
and provided, further, that such other persons shall also be subject to
the confidentiality requirements and all other provisions of this
section[. In the case of requests made pursuant to article
twenty-eight-E of the public health law], PROVIDED, HOWEVER, THAT WITH
RESPECT TO INFORMATION OBTAINED FROM THE FEDERAL BUREAU OF INVESTIGATION
AS A RESULT OF A NATIONAL CRIMINAL HISTORY RECORD CHECK only information
authorized for disclosure under applicable federal laws shall be trans-
mitted to the provider. Each provider shall specifically identify to the
authorized agency in writing, in advance of disclosure, the authorized
person and each other such agent or employee of the provider who is
authorized to have access to the results of a check of criminal history
information pursuant to this section. Any person who willfully permits
the release of any confidential criminal history information contained
S. 3016--B 3
in the report to persons not permitted by this section to receive such
information shall be guilty of a misdemeanor.
(b) A provider requesting a check of criminal history information
pursuant to this section shall do so by completing a form established
for such purpose by the authorized agency in consultation with the divi-
sion. Such form shall include a sworn statement of the authorized
person, OR A STATEMENT SUBSCRIBED TO BY THE AUTHORIZED PERSON CONTAINING
AN AFFIRMATION OF SUCH PERSON THAT THE STATEMENTS THEREIN ARE TRUE UNDER
PENALTIES OF PERJURY, certifying OR AFFIRMING, AS APPLICABLE that:
(i) [the] EACH person for whose criminal history information a check
is requested [is] SHALL BE a subject individual for whom criminal histo-
ry information is available by law;
(ii) FOR EACH CRIMINAL HISTORY CHECK REQUESTED, the specific duties
which qualify the provider to request a check of criminal history infor-
mation SHALL BE IDENTIFIED;
(iii) the results of [such] ANY criminal history information check
MADE PURSUANT TO THIS SECTION will be used by the provider solely for
purposes authorized by law; and
(iv) the provider and its agents and employees are aware of and will
abide by the confidentiality requirements and all other provisions of
this article.
(c) A provider authorized to request a criminal history information
check pursuant to this section may inquire of a subject individual in
the manner authorized by subdivision sixteen of section two hundred
ninety-six of this chapter. Prior to requesting such information, a
provider shall:
(i) inform the subject individual in writing that the provider is
authorized or, where applicable, required to request a check of his or
her criminal history information and review the results of such check
pursuant to this section;
(ii) inform the subject individual that he or she has the right to
obtain, review and seek correction of his or her criminal history infor-
mation under regulations and procedures established by the division AND
THE FEDERAL BUREAU OF INVESTIGATION;
(iii) obtain the signed, informed consent of the subject individual on
a form supplied by the authorized agency which indicates that such
person has:
A. been informed of the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;
B. been informed of the reason for the request for his or her criminal
history information;
C. BEEN INFORMED THAT THE CRIMINAL HISTORY INFORMATION SOUGHT WILL
INCLUDE BOTH A NEW YORK STATE AND A NATIONAL CRIMINAL HISTORY INFORMA-
TION CHECK;
D. consented to such request for a report[; and
D.] WITH RESPECT TO BOTH NEW YORK STATE AND NATIONAL CRIMINAL HISTORY
INFORMATION; AND
E. supplied on the form a current mailing or home address.
Upon receiving such written consent, the provider shall receive or
obtain [two sets of] THE fingerprints of such subject individual pursu-
ant to such regulations AND PROCEDURES as may be necessary to be estab-
lished by the authorized agency in consultation with the division, and
promptly transmit them to the authorized agency.
4. Procedures for criminal history information checks by authorized
agencies. (a) The authorized agency shall pay the processing fee imposed
pursuant to subdivision eight-a of section eight hundred thirty-seven of
S. 3016--B 4
this article, and [in the case of the authorized agency pursuant to
article twenty-eight-E of the public health law,] any fee imposed by the
federal bureau of investigation, and shall promptly submit the finger-
prints and the processing fee to the division for its full search and
retain processing, and [in the case of the authorized agency pursuant to
article twenty-eight-E of the public health law,] the division shall
immediately forward the fingerprints to the federal bureau of investi-
gation for a national criminal history record check. The authorized
agency may charge a provider a fee in AN amount no greater than the fee
established pursuant to law by the division for processing such a crimi-
nal history information check, in such amounts as may be established by
the authorized agency and approved by the director of the division of
the budget, and [in the case of the authorized agency pursuant to arti-
cle twenty-eight-E of the public health law,] a fee no greater than any
fee imposed by the federal bureau of investigation. Nothing in this
section shall prohibit the authorized agency or provider from claiming
the cost of such fees and related costs, including administrative costs,
as a reimbursable cost under the medical assistance program, Medicare or
other payor, to the extent permitted by state and federal law.
(b) THE AUTHORIZED AGENCY IS AUTHORIZED TO RECEIVE CRIMINAL HISTORY
INFORMATION FROM THE DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION,
AFTER THE RECEIPT OF A REQUEST PURSUANT TO THIS SECTION, IF SUCH REQUEST
IS:
(I) MADE PURSUANT TO A REQUEST BY AN AUTHORIZED PERSON ON BEHALF OF A
PROVIDER AUTHORIZED TO MAKE SUCH A REQUEST PURSUANT TO SUBDIVISION TWO
OF THIS SECTION;
(II) ACCOMPANIED BY THE COMPLETED FORM DESCRIBED IN PARAGRAPH (B) OF
SUBDIVISION THREE OF THIS SECTION; AND
(III) ACCOMPANIED BY FINGERPRINTS OF THE SUBJECT INDIVIDUAL OBTAINED
PURSUANT TO THIS SECTION.
(C) The division shall promptly provide requested state criminal
history information to the authorized agency and, [in accordance with
article twenty-eight-E of the public health law, the department of
health is authorized also to receive criminal history information from
the federal bureau of investigation, after the receipt of a request
pursuant to this section if such request is:
(i) made pursuant to a request by an authorized person on behalf of a
provider authorized to make such a request pursuant to subdivision two
of this section;
(ii) accompanied by the completed form described in this section; and
(iii) accompanied by fingerprints of the subject individual obtained
pursuant to this section.
(b-1) The division] ALSO shall promptly forward a set of the subject
individual's fingerprints to the federal bureau of investigation for the
purpose of a nationwide criminal history record check to determine
whether such applicant has been convicted of a criminal offense in any
state or federal jurisdiction. The division shall forward the results of
such nationwide search to the authorized agency in the same form and
manner as the criminal history report created and provided by the divi-
sion pursuant to this section.
[(c)] (D) Criminal history information provided by the division pursu-
ant to this section shall be furnished only by mail or other method of
secure and confidential delivery, addressed to the authorized agency.
Such information and the envelope in which it is enclosed, if any, shall
be prominently marked "confidential", and shall at all times be main-
tained by the authorized agency in a secure place.
S. 3016--B 5
5. After reviewing any criminal history information provided by the
division concerning a subject individual, the authorized agency shall
take the following actions:
(a) Where the criminal history information concerning a subject indi-
vidual reveals a felony conviction at any time for a sex offense, a
felony conviction FOR ANY CRIME within the past ten years involving
violence, or a conviction for endangering the welfare of an incompetent
or physically disabled person pursuant to section 260.25 of the penal
law, OR ANY COMPARABLE OFFENSE IN ANY OTHER JURISDICTION; and in the
case of criminal history information obtained pursuant to section twen-
ty-eight hundred ninety-nine-a of the public health law, where the crim-
inal history information concerning a subject individual reveals a
conviction at any time of any class A felony; a conviction within the
past ten years of any class B or C felony, any class D or E felony
defined in article one hundred twenty, one hundred thirty, one hundred
fifty-five, one hundred sixty, one hundred seventy-eight or two hundred
twenty of the penal law; or any crime defined in sections 260.32 or
260.34 of the penal law; or any comparable offense in any other juris-
diction[,]; the authorized agency shall deny or disapprove the applica-
tion for or renewal of the operating certificate, contract, approval,
employment of the subject individual or other authorization to provide
services, or direct the provider to deny employment, as applicable,
unless the authorized agency determines, in its discretion, that
approval of the application or renewal or employment will not in any way
jeopardize the health, safety or welfare of the beneficiaries of such
services.
(b) Where the criminal history information concerning a subject indi-
vidual reveals a conviction for a crime other than one set forth in
paragraph (a) of this subdivision, the authorized agency may deny the
application or renewal, or direct the provider to deny employment of the
subject individual, [or approve or] disapprove the [prospective employ-
ee's] SUBJECT INDIVIDUAL'S eligibility for employment by the provider,
OR VOLUNTEER SERVICE WITH A PROVIDER OF SERVICE WHO CONTRACTS WITH,
RECEIVES FUNDS FROM, OR IS LICENSED, CERTIFIED, APPROVED OR IS OTHERWISE
AUTHORIZED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, consistent with article twenty-three-A of
the correction law.
(c) Where the criminal history information concerning a subject indi-
vidual reveals a charge for any felony, ANY CRIME IDENTIFIED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, OR FOR ANY COMPARABLE OFFENSE IN ANOTHER
JURISDICTION, the authorized agency shall, and for any misdemeanor, OR
ANY COMPARABLE OFFENSE IN ANOTHER JURISDICTION, the authorized agency
may hold the application, renewal or employment in abeyance until the
charge is finally resolved[.], PROVIDED, HOWEVER, IF THE CRIMINAL HISTO-
RY INFORMATION CONCERNING A SUBJECT INDIVIDUAL REVEALS A CHARGE FOR ANY
CRIME NOT IDENTIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, OR A COMPARA-
BLE OFFENSE IN ANOTHER JURISDICTION, WHICH IS MORE THAN TEN YEARS OLD
AND WHERE INFORMATION NECESSARY TO RESOLVE THE CHARGE IS NOT READILY
AVAILABLE TO THE AUTHORIZED AGENCY, THE AUTHORIZED AGENCY MAY EITHER:
(I) HOLD THE APPLICATION, RENEWAL, OR EMPLOYMENT IN ABEYANCE UNTIL THE
CHARGE IS FINALLY RESOLVED; OR
(II) ADVISE THE PROVIDER OF SERVICES THAT IT MAY ACT ON ITS OWN
DISCRETION, IF SUCH PROVIDER PERFORMS A SAFETY ASSESSMENT AND DETER-
MINES, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW,
THAT APPROVAL OF THE APPLICATION WILL NOT POSE AN UNREASONABLE RISK TO
THE HEALTH, SAFETY OR WELFARE OF THE BENEFICIARIES OF SUCH SERVICES.
S. 3016--B 6
(d) WHERE THE SUBJECT INDIVIDUAL IS A NATURAL PERSON OPERATOR OF A
FAMILY CARE HOME OR FAMILY BASED TREATMENT PROVIDER, OR A PERSON OVER
THE AGE OF EIGHTEEN WHO IS TO RESIDE, OR RESIDES, IN A FAMILY CARE HOME
OR FAMILY BASED TREATMENT PROVIDER:
(I) IF THE CRIMINAL HISTORY INFORMATION CONCERNING SUCH SUBJECT INDI-
VIDUAL REVEALS A CONVICTION FOR ANY CRIME IDENTIFIED IN PARAGRAPH (A) OF
THIS SUBDIVISION, THE AUTHORIZED AGENCY SHALL PROMPTLY ADVISE THE
AUTHORIZED PERSON OF THE FAMILY CARE HOME OR FAMILY BASED TREATMENT
PROVIDER THAT IT SHALL NOT PERMIT, OR MUST CEASE AND DESIST FROM PERMIT-
TING, SUCH PERSON FROM OPERATING, RESIDING OR CONTINUING TO RESIDE IN
THE FAMILY CARE HOME OR WITH THE FAMILY BASED TREATMENT PROVIDER, UNLESS
THE AUTHORIZED AGENCY DETERMINES THAT THE SUBJECT INDIVIDUAL WILL NOT IN
ANY WAY JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF THE CLIENT OR
CLIENTS OF THE FAMILY CARE HOME OR FAMILY BASED TREATMENT PROVIDER.
FAILURE TO COMPLY WITH THIS DIRECTIVE SHALL, AS APPLICABLE, CONSTITUTE
GROUNDS FOR DENIAL OF AN OPERATING CERTIFICATE OR REMOVAL OF THE OPERAT-
ING CERTIFICATE OF THE FAMILY CARE HOME OR FAMILY BASED TREATMENT
PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTEEN OR THIRTY-
ONE OF THE MENTAL HYGIENE LAW; OR
(II) IF THE CRIMINAL HISTORY INFORMATION CONCERNING SUCH SUBJECT INDI-
VIDUAL REVEALS A CONVICTION FOR ANY CRIME OTHER THAN ONE IDENTIFIED IN
PARAGRAPH (A) OF THIS SUBDIVISION, THE AUTHORIZED AGENCY MAY PROMPTLY
ADVISE THE AUTHORIZED PERSON OF THE FAMILY CARE HOME OR FAMILY BASED
TREATMENT PROVIDER IT SHALL NOT PERMIT, OR MUST CEASE AND DESIST FROM
PERMITTING, SUCH PERSON FROM OPERATING, RESIDING OR CONTINUING TO RESIDE
IN THE FAMILY CARE HOME OR WITH THE FAMILY BASED TREATMENT PROVIDER IF,
AFTER PERFORMING A SAFETY ASSESSMENT THE AUTHORIZED AGENCY DETERMINES
THAT THE SUBJECT INDIVIDUAL WILL NOT JEOPARDIZE THE HEALTH, SAFETY, OR
WELFARE OF THE CLIENT OR CLIENTS OF THE FAMILY CARE HOME OR FAMILY BASED
TREATMENT PROVIDER. FAILURE TO COMPLY WITH THIS DIRECTIVE SHALL, AS
APPLICABLE, CONSTITUTE GROUNDS FOR DENIAL OF AN OPERATING CERTIFICATE,
OR REMOVAL OF THE OPERATING CERTIFICATE OF THE FAMILY CARE HOME OR FAMI-
LY BASED TREATMENT PROVIDER IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
SIXTEEN OR THIRTY-ONE OF THE MENTAL HYGIENE LAW; OR
(III) IF THE CRIMINAL HISTORY INFORMATION CONCERNING SUCH SUBJECT
INDIVIDUAL REVEALS AN OUTSTANDING CHARGE FOR ANY CRIME IDENTIFIED IN
PARAGRAPH (A) OF THIS SUBDIVISION, THE AUTHORIZED AGENCY SHALL, AS
APPLICABLE, HOLD THE APPLICATION FOR AN OPERATING CERTIFICATE IN ABEY-
ANCE UNTIL THE CHARGE IS RESOLVED, OR REQUIRE A SAFETY ASSESSMENT OF THE
FAMILY CARE HOME OR FAMILY BASED TREATMENT PROVIDER TO BE PERFORMED, AND
SHALL DIRECT THE FAMILY CARE HOME OR FAMILY BASED TREATMENT PROVIDER OF
ANY ACTIONS THAT MUST BE TAKEN TO ENSURE THAT THE SUBJECT INDIVIDUAL
WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF THE
CLIENT OR CLIENTS OF THE FAMILY CARE HOME OR FAMILY BASED TREATMENT
PROVIDER. FAILURE TO PROMPTLY IMPLEMENT SUCH ACTIONS BY THE FAMILY CARE
HOME OR FAMILY BASED TREATMENT PROVIDER SHALL CONSTITUTE GROUNDS FOR
REMOVAL OF ITS OPERATING CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE SIXTEEN OR THIRTY-ONE OF THE MENTAL HYGIENE LAW; OR
(IV) IF THE CRIMINAL HISTORY INFORMATION CONCERNING SUCH SUBJECT INDI-
VIDUAL REVEALS AN OUTSTANDING CHARGE FOR ANY CRIME OTHER THAN ONE IDEN-
TIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE AUTHORIZED AGENCY MAY,
AS APPLICABLE, HOLD THE APPLICATION FOR AN OPERATING CERTIFICATE IN
ABEYANCE OR REQUIRE A SAFETY ASSESSMENT OF THE FAMILY CARE HOME OR FAMI-
LY BASED TREATMENT PROVIDER TO BE PERFORMED, AND MAY DIRECT THE FAMILY
CARE HOME OR FAMILY CARE TREATMENT PROVIDER OF ANY ACTIONS THAT MUST BE
TAKEN TO ENSURE THAT THE SUBJECT INDIVIDUAL WILL NOT JEOPARDIZE THE
S. 3016--B 7
HEALTH, SAFETY, OR WELFARE OF THE CLIENT OR CLIENTS OF THE FAMILY CARE
HOME OR FAMILY BASED TREATMENT PROVIDER. FAILURE TO PROMPTLY IMPLEMENT
SUCH ACTIONS BY THE FAMILY CARE HOME OR FAMILY BASED TREATMENT PROVIDER,
IF DIRECTED TO DO SO, SHALL CONSTITUTE GROUNDS FOR REMOVAL OF ITS OPER-
ATING CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTEEN
OR THIRTY-ONE OF THE MENTAL HYGIENE LAW.
(E) Prior to making a determination to deny an application [or
renewal,] or directing [an employer] A PROVIDER to deny employment OR
VOLUNTEER SERVICE, the authorized agency shall afford the subject indi-
vidual an opportunity to explain, in writing, why the application should
not be denied. IN ITS DISCRETION, THE AUTHORIZED AGENCY MAY ALSO
DIRECTLY CONTACT A SUBJECT INDIVIDUAL FOR ADDITIONAL INFORMATION IN THE
EVENT HIS OR HER CRIMINAL HISTORY INFORMATION REQUIRES CLARIFICATION.
[(e)] (F) Upon receipt of criminal history information from the divi-
sion, the authorized agency may request, and is [entitled] AUTHORIZED to
receive, information pertaining to any crime identified in such criminal
history information from any state or local law enforcement agency,
district attorney, parole officer, probation officer or court for the
purposes of determining whether any ground relating to such crime exists
for denying an application, renewal, or employment, AND PROVIDED
FURTHER, THAT WITH RESPECT TO CRIMES COMMITTED IN THE STATE OF NEW YORK,
SUCH AUTHORIZED AGENCY IS ENTITLED TO RECEIVE SUCH INFORMATION.
[(f)] (G) The authorized agency shall thereafter promptly notify the
provider concerning whether its check has revealed any criminal history
information, and if so, what actions shall or may be taken by the
authorized agency and the provider. SUCH NOTIFICATION SHALL INCLUDE A
WRITTEN SUMMARY BY THE AUTHORIZED AGENCY OF THE CRIMINAL HISTORY INFOR-
MATION PROVIDED BY THE DIVISION AND/OR THE FEDERAL BUREAU OF INVESTI-
GATION. THE WRITTEN SUMMARY SHALL INCLUDE A NOTATION OF ANY OUTSTANDING
CHARGES, IF ANY, ABOUT WHICH THE AUTHORIZED AGENCY IS AWAITING FURTHER
INFORMATION CONCERNING THE FINAL DISPOSITION OF SUCH CHARGES. THE
AUTHORIZED AGENCY SHALL SUPPLEMENT SUCH NOTIFICATION WHEN THE AUTHORIZED
AGENCY RECEIVES INFORMATION FROM THE DIVISION RELATING TO A SUBJECT
INDIVIDUAL AS PART OF THE SEARCH AND RETAIN PROCESSING CONDUCTED BY SUCH
DIVISION OR WHEN THE AUTHORIZED AGENCY RECEIVES INFORMATION RELATIVE TO
THE FINAL DISPOSITION OF AN OUTSTANDING CHARGE.
[(g) Where the authorized agency denies the application for or renewal
of an operating certificate, contract, approval or other authorization
to provide services, or directs a provider to deny employment of the
subject individual on account of the subject individual's criminal
history information, the notification by the authorized agency shall
include a summary of the criminal history information provided by the
division.]
(h) IN THE EVENT THAT THE INFORMATION OBTAINED BY THE AUTHORIZED AGEN-
CY FROM THE DIVISION AND/OR THE FEDERAL BUREAU OF INVESTIGATION INDI-
CATES THAT EITHER ENTITY HAS NO CRIMINAL HISTORY INFORMATION WITH
RESPECT TO THE SUBJECT INDIVIDUAL, THE AUTHORIZED AGENCY SHALL NOTIFY
THE PROVIDER THAT SUCH INDIVIDUAL HAS NO CRIMINAL HISTORY INFORMATION
RECORD.
(I) Where the authorized agency directs a provider to deny employment
OR VOLUNTEER SERVICE based on criminal history information, the provider
must notify the subject individual that such information is the basis of
the denial. WHERE THE AUTHORIZED AGENCY DENIES THE ISSUANCE OF AN OPER-
ATING CERTIFICATE, CONTRACT, APPROVAL OR OTHER AUTHORIZATION TO PROVIDE
SERVICES BASED ON CRIMINAL HISTORY INFORMATION, THE AUTHORIZED AGENCY
S. 3016--B 8
MUST NOTIFY THE SUBJECT INDIVIDUAL THAT SUCH INFORMATION IS THE BASIS OF
THE DENIAL.
6. [Upon request from an employee who has already been cleared for
employment by an authorized agency and who subsequently leaves a partic-
ular employer and applies for employment with another, the authorizing
agency shall adhere to its previous authorization when the criminal
history information is unchanged and the circumstances of employment are
substantially similar for the purposes of this section.
7.] Any criminal history information provided by the division, and any
summary of the criminal history information provided by the authorized
agency to [an employer] A PROVIDER pursuant to this section is confiden-
tial and shall not be available for public inspection; provided, howev-
er, nothing in this subdivision shall prevent an authorized agency or
provider from disclosing criminal history information at any administra-
tive or judicial proceeding relating to the denial or revocation of an
application, employment, license or registration. Where the authorized
agency denies the application for or renewal of an operating certif-
icate, contract, approval or other authorization to provide services, or
directs a provider to deny employment OR VOLUNTEER SERVICE of the
subject individual, the subject of the criminal history information
check conducted pursuant to this section shall be entitled to receive,
upon written request, a copy of the summary of the criminal history
information provided by the authorized agency to the provider, IF ANY
SUCH SUMMARY WAS SO PROVIDED.
[8.] 7. A provider shall advise the authorized agency when a subject
individual is no longer subject to such check. The authorized agency
shall inform the division when a subject individual is no longer subject
to such check so that the division may terminate its retain processing
with regard to such individual. At least once a year, the authorized
agency shall be required to conduct a validation of the records main-
tained by the division, including information obtained from the federal
bureau of investigation [pursuant to article twenty-eight-E of the
public health law] and provide such results to the authorized agency for
purposes of updating the permanent record of such criminal history
information results.
[9.] 8. Provided that an authorized agency or a provider reasonably
and in good faith complies with the provisions of this section, there
shall be no criminal or civil liability on the part of and no cause of
action for damages shall accrue against any authorized agency, provider
or employee thereof on account of, arising out of or relating to crimi-
nal history information pursuant to this section, or any act or omission
relating to criminal history information pursuant to this section.
[10.] 9. Fingerprints received by the division pursuant to this
section shall be used only to assist the division in providing criminal
history information to authorized agencies under this section.
[11.] 10. An authorized agency or provider authorized to request crim-
inal history information pursuant to this section may temporarily
approve an applicant while the results of the criminal history informa-
tion check are pending, so long as such person does not have unsuper-
vised physical contact with clients, as shall be defined by the author-
ized agency pursuant to regulation; provided however, that providers
subject to the provisions of subdivision ten of section twenty-eight
hundred ninety-nine-a of the public health law shall be subject to the
supervision requirements provided therein. [Such regulation shall recog-
nize the differences in the staffing patterns of various service models
and the supervision required to ensure the safety of clients.
S. 3016--B 9
12.] 11. The authorized agency in consultation with the commissioner
shall promulgate any rules and regulations necessary to implement the
provisions of this section, which shall include convenient procedures
for persons to promptly verify the accuracy of their NEW YORK STATE
criminal history information and, to the extent authorized by law, to
have access to relevant documents related thereto.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
