Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 31.35
Review of criminal history information concerning certain prospective employees
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 31
§ 31.35 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 of mental health 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 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 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. 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.