Senate Bill S9844

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9844
 
                             I N  S E N A T E
 
                               April 7, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  all
   certified   first   responders,  emergency  medical  technicians,  and
   advanced emergency medical technicians to undergo criminal  background
   checks

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3002 of the public health law is amended by  adding
 a new subdivision 2-c to read as follows:
   2-C. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM:
   (I) "CRIMINAL BACKGROUND CHECK" SHALL MEAN CONDUCTING:
   (A)  A  CRIMINAL  HISTORY  RECORD  CHECK WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES;
   (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN  EACH  STATE  OTHER
 THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING
 FIVE YEARS, IF APPLICABLE, UNLESS SUCH STATE'S CRIMINAL  HISTORY  RECORD
 INFORMATION  IS  PROVIDED  AS  PART  OF  THE  RESULTS  OF  THE CLEARANCE
 CONDUCTED PURSUANT TO CLAUSE (C) OF THIS SUBPARAGRAPH;
   (C) A NATIONAL CRIMINAL HISTORY RECORD CHECK WITH THE  FEDERAL  BUREAU
 OF  INVESTIGATION; PROVIDED THE DIVISION OF CRIMINAL JUSTICE SERVICES IS
 DIRECTED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU  OF  INVESTIGATION
 FOR  THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT
 TO AND CONSISTENT WITH APPLICABLE  FEDERAL  LAW,  INCLUDING  PUBLIC  LAW
 92-544 (CODIFIED AT 34 U.S.C. § 41101);
   (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
   (E)  A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
 STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
 THE  PRECEDING FIVE YEARS, IF APPLICABLE, UNLESS SUCH STATE'S SEX OFFEN-
 DER REGISTRY INFORMATION IS PROVIDED AS PART OF THE CLEARANCE  CONDUCTED
 PURSUANT TO CLAUSE (F) OF THIS SUBPARAGRAPH;
   (F)  A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL
 CRIME  INFORMATION  CENTER,  ESTABLISHED  UNDER  THE  ADAM  WALSH  CHILD
 PROTECTION AND SAFETY ACT OF 2006 (34 U.S.C. § 20901 ET SEQ.).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14924-01-6
 S. 9844                             2
 
   (II) "EMERGENCY MEDICAL SERVICES CLINICIAN" SHALL MEAN A FIRST RESPON-
 DER, EMERGENCY MEDICAL TECHNICIAN, OR ADVANCED EMERGENCY MEDICAL TECHNI-
 CIAN CERTIFIED UNDER THIS ARTICLE.
   (B) THE COMMISSIONER, IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 SERVICES  COUNCIL  AND  THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL
 REQUIRE ALL EMERGENCY MEDICAL SERVICES CLINICIANS  TO  UNDERGO  CRIMINAL
 BACKGROUND  CHECKS  BY  THE  DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH
 CHECKS SHALL BE CONDUCTED FOR:
   (I) EVERY APPLICANT FOR INITIAL CERTIFICATION AS  A  FIRST  RESPONDER,
 EMERGENCY MEDICAL TECHNICIAN, OR ADVANCED EMERGENCY MEDICAL TECHNICIAN;
   (II)  EVERY  APPLICANT FOR RENEWAL OF SUCH CERTIFICATION, AT INTERVALS
 ESTABLISHED BY REGULATION, BUT NOT LESS FREQUENTLY THAN ONCE EVERY  FIVE
 YEARS, UNLESS ONGOING CRIMINAL HISTORY RESULTS ARE PROVIDED;
   (III)  EVERY  INDIVIDUAL  SEEKING REINSTATEMENT OF A LAPSED OR EXPIRED
 CERTIFICATION AS A FIRST RESPONDER,  EMERGENCY  MEDICAL  TECHNICIAN,  OR
 ADVANCED EMERGENCY MEDICAL TECHNICIAN, WHERE SUCH LAPSE EXCEEDS A PERIOD
 ESTABLISHED BY REGULATION; AND
   (IV)  EVERY  INDIVIDUAL  APPLYING  FOR AUTHORIZATION TO PRACTICE AS AN
 EMERGENCY MEDICAL SERVICES CLINICIAN PURSUANT TO ANY  INTERSTATE  LICEN-
 SURE COMPACT TO WHICH NEW YORK STATE IS A PARTY.
   (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, AN
 INDIVIDUAL SHALL BE DEEMED INELIGIBLE FOR CERTIFICATION, RENEWAL,  REIN-
 STATEMENT,  OR  AUTHORIZATION  TO  PRACTICE OR HOLD THEMSELVES OUT AS AN
 EMERGENCY MEDICAL SERVICES CLINICIAN IN NEW YORK STATE OR  EXERCISE  ANY
 PRIVILEGE  TO  PRACTICE UNDER AN INTERSTATE LICENSURE COMPACT APPLICABLE
 TO EMERGENCY MEDICAL SERVICES IF SUCH INDIVIDUAL:
   (I) REFUSES TO CONSENT TO THE REQUIRED CRIMINAL BACKGROUND CHECK;
   (II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN  CONNECTION  WITH
 SUCH CHECK;
   (III)  IS  REGISTERED,  OR IS REQUIRED TO BE REGISTERED, ON A STATE OR
 NATIONAL SEX OFFENDER REGISTRY; OR
   (IV) HAS BEEN CONVICTED OF A FELONY OFFENSE, OR OTHER CRIME  SPECIFIED
 BY  REGULATION,  THAT THE DEPARTMENT DETERMINES BEARS A DIRECT RELATION-
 SHIP TO THE DUTIES AND RESPONSIBILITIES OF AN EMERGENCY MEDICAL SERVICES
 CLINICIAN OR POSES AN UNREASONABLE RISK TO  PATIENT  SAFETY,  CONSISTENT
 WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
   (D)  WHERE  A  CRIMINAL  BACKGROUND  CHECK  CONDUCTED PURSUANT TO THIS
 SUBDIVISION REVEALS THAT AN APPLICANT OR CURRENTLY  CERTIFIED  EMERGENCY
 MEDICAL  SERVICES CLINICIAN HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE
 SPECIFIED IN SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF THIS SUBDIVISION, AND
 UNLESS SUCH CRIME IS ELIGIBLE FOR SEALING  OR  EXPUNGEMENT  PURSUANT  TO
 ARTICLE ONE HUNDRED SIXTY OF THE CRIMINAL PROCEDURE LAW, THE STATE COUN-
 CIL  SHALL  CONDUCT A SAFETY AND FITNESS ASSESSMENT AND MAY DENY, LIMIT,
 SUSPEND, REVOKE, OR CONDITION SUCH CERTIFICATION, LICENSURE, OR AUTHORI-
 ZATION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
   (E) WHERE A CRIMINAL BACKGROUND CHECK REVEALS  THAT  AN  APPLICANT  OR
 CURRENTLY  CERTIFIED  EMERGENCY  MEDICAL  SERVICES  CLINICIAN  HAS  BEEN
 CHARGED WITH A CRIME, THE STATE COUNCIL MAY HOLD AN APPLICATION IN ABEY-
 ANCE, OR IMPOSE INTERIM LIMITATIONS ON PRACTICE,  PENDING  FINAL  RESOL-
 UTION OF SUCH CHARGE, WHERE NECESSARY TO PROTECT PUBLIC HEALTH AND SAFE-
 TY.
   (F) PRIOR TO MAKING A DETERMINATION TO DENY, SUSPEND, REVOKE, OR LIMIT
 CERTIFICATION  PURSUANT  TO  THIS  SUBDIVISION,  THE STATE COUNCIL SHALL
 AFFORD THE INDIVIDUAL AN OPPORTUNITY TO SUBMIT A WRITTEN EXPLANATION AND
 ANY MITIGATING INFORMATION RELEVANT TO THE DETERMINATION.
 S. 9844                             3
 
   (G) THE STATE COUNCIL, UPON RECEIPT OF  A  CRIMINAL  BACKGROUND  CHECK
 FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES, MAY REQUEST AND SHALL BE
 ENTITLED  TO RECEIVE INFORMATION PERTAINING TO ANY CONVICTION OR PENDING
 CRIMINAL CHARGE FROM ANY STATE OR LOCAL LAW ENFORCEMENT AGENCY, DISTRICT
 ATTORNEY,  PROBATION  DEPARTMENT,  PAROLE  AUTHORITY,  OR COURT, FOR THE
 PURPOSE OF DETERMINING FITNESS FOR CERTIFICATION OR CONTINUED PRACTICE.
   (H) THE STATE COUNCIL SHALL PAY OR COLLECT,  AS  DETERMINED  BY  REGU-
 LATION,  ANY REQUIRED PROCESSING FEE FOR A CRIMINAL BACKGROUND CHECK AND
 NATIONAL FINGERPRINT-BASED CLEARANCE AND SHALL PROMPTLY  SUBMIT  FINGER-
 PRINTS AND FEES TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   (I) ANY CRIMINAL BACKGROUND CHECK OR SUMMARY THEREOF OBTAINED PURSUANT
 TO THIS SUBDIVISION SHALL BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE FOR
 PUBLIC  INSPECTION,  EXCEPT  AS NECESSARY FOR ADMINISTRATIVE OR JUDICIAL
 PROCEEDINGS RELATING TO  CERTIFICATION,  LICENSURE  OR  DISCIPLINE.  THE
 SUBJECT  OF  SUCH  CHECK  SHALL  BE  ENTITLED,  UPON WRITTEN REQUEST, TO
 RECEIVE A COPY OF THE SUMMARY  OF  THE  CRIMINAL  BACKGROUND  CHECK  AND
 INFORMATION  REGARDING  THE  RIGHT  TO  SEEK  CORRECTION  OF  INACCURATE
 RECORDS.
   (J) THE STATE COUNCIL, DEPARTMENT, AND DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES SHALL ESTABLISH PROCEDURES TO ENSURE COMPLIANCE WITH ALL APPLI-
 CABLE  STATE  AND FEDERAL REQUIREMENTS GOVERNING THE USE, DISSEMINATION,
 RETENTION, AND DESTRUCTION OF  CRIMINAL  BACKGROUND  CHECK  INFORMATION,
 INCLUDING ONGOING OR RETAINED FINGERPRINT PROCESSING WHERE AUTHORIZED BY
 LAW.
   (K)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED TO LIMIT THE
 AUTHORITY OF THE STATE COUNCIL, DEPARTMENT, OR ANY OTHER ENTITY TO  TAKE
 DISCIPLINARY  ACTION  PURSUANT  TO  ANY OTHER PROVISION OF LAW GOVERNING
 EMERGENCY MEDICAL SERVICES  CERTIFICATION,  LICENSURE,  OR  PROFESSIONAL
 CONDUCT.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.