N.Y. Mental Hygiene Law § 16.34: Certain information regarding persons working with people with developmental disabilities

§ 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.