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This entry was published on 2014-09-22
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SECTION 16.34
Certain information regarding persons working with people with developmental disabilities
Mental Hygiene (MHY) CHAPTER 27, TITLE C, ARTICLE 16
§ 16.34 Certain information regarding persons working with people with

developmental disabilities.

(a) Upon a request to the justice center for criminal history
information for a prospective employee or volunteer pursuant to section
eight hundred forty-five-b of the executive law, the justice center
shall notify the office, and if the office has available, after a
reasonably diligent search a substantiated report that the prospective
employee or volunteer engaged in behavior that constituted abuse or
serious neglect of a patient or consumer in a program licensed,
operated, or certified by the office, the office shall cause to be
furnished a summary of such report or reports to the provider that
requested the criminal history information from the justice center with
respect to such prospective employee or volunteer; provided, however,
summary reports provided shall be limited to substantiated reports based
on investigations that commenced prior to the effective date of this
section. Such summary report shall be provided to the authorized person
as defined in paragraph (b) of subdivision one of section eight hundred
forty-five-b of the executive law and at that same time the office shall
furnish such documents to the prospective employee or volunteer at the
address for such person listed on the request.

(b) The summary report provided by the office to a provider of
services pursuant to subdivision (a) of this section shall be received
by the provider subject to the confidentiality provisions of subdivision
seven of section eight hundred forty-five-b of the executive law.

(c) For the purposes of this section the following terms shall have
the following meanings:

1. "abuse" shall mean physical abuse, sexual abuse, or psychological
abuse; and

2. "serious neglect" shall mean intentional acts or omissions that
endanger the life or health of a person receiving services.

3. "substantiated report" shall mean that, after investigation, the
commission on quality care and advocacy for persons with disabilities or
the office has determined, in writing, that a report filed by such
commission, by the office, or by a provider certified by the office,
meets the criteria of abuse or serious neglect, as defined in this
section, of a patient or consumer in a program licensed, operated, or
certified by the office and that the report and credible information
submitted support the relevant allegations in the report or shall mean
that the prospective employee or volunteer was either found guilty in a
disciplinary proceeding, or there was a settlement agreement in which
the prospective employee or volunteer admitted guilt.

(d) Nothing in this section shall be interpreted to limit the office's
ability to investigate abuse, neglect or maltreatment, whether
intentional or unintentional, under current law or regulations.