Legislation
SECTION 16.33
Review of criminal history information concerning certain prospective employees
Mental Hygiene (MHY) CHAPTER 27, TITLE C, ARTICLE 16
§ 16.33 Review of criminal history information concerning certain
prospective employees.
(a) Every provider of services who contracts with or is approved or
otherwise authorized by the office to provide services, except (1) a
department facility, (2) a hospital as defined in article twenty-eight
of the public health law, or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, and every applicant to be
such a provider of services except (i) a department facility, (ii) a
hospital as defined in article twenty-eight of the public health law, or
(iii) a licensed professional under title eight of the education law and
who does not have employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider, shall request that the justice center for the
protection of people with special needs check, and upon such request
such justice center shall 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 operator, 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, except any person receiving family care services, who will have
regular and substantial unsupervised or unrestricted 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.
(b) Access to and the use of such information shall be governed by the
provisions of section eight hundred forty-five-b of the executive law.
prospective employees.
(a) Every provider of services who contracts with or is approved or
otherwise authorized by the office to provide services, except (1) a
department facility, (2) a hospital as defined in article twenty-eight
of the public health law, or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, and every applicant to be
such a provider of services except (i) a department facility, (ii) a
hospital as defined in article twenty-eight of the public health law, or
(iii) a licensed professional under title eight of the education law and
who does not have employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider, shall request that the justice center for the
protection of people with special needs check, and upon such request
such justice center shall 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 operator, 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, except any person receiving family care services, who will have
regular and substantial unsupervised or unrestricted 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.
(b) Access to and the use of such information shall be governed by the
provisions of section eight hundred forty-five-b of the executive law.