N.Y. Mental Hygiene Law § 19.20-a: Review of criminal history information concerning prospective providers, operators and individuals seeking to be credentialed by the office

§ 19.20-a Review of criminal history information concerning prospective

providers, operators and individuals seeking to be

credentialed by the office.

* The office 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 applicant to be a

provider of services or operator of such provider 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 for every individual

seeking to be credentialed by the office to provide substance use

disorder services pursuant to section 19.07 of this article. For

purposes of this section, "operator" shall include any natural person

with an ownership interest in the provider of services.

* NB Effective until November 3, 2023

* The office 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 applicant to be a

provider of services or operator of such provider 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 for every individual

seeking to be credentialed by the office to provide substance use

disorder services pursuant to section 19.07 of this article. For

purposes of this section, "operator" shall include any natural person

with an ownership interest in the provider of services. Provided,

however, an applicant to be a provider of services or operator of such

provider under article thirty-six of this chapter shall comply with the

requirements of subdivision (a) of section 36.06 of such article to

satisfy the requirements of this section, and provided further that a

provider who complies with the requirements of subdivision (b) of

section 36.06 of such article, shall be deemed to have satisfied the

requirements of this section.

* NB Effective November 3, 2023

(a) Prior to requesting criminal history information concerning any

prospective provider, operator or individual seeking to be credentialed,

the office shall:

(1) inform the prospective provider, operator or individual seeking to

be credentialed in writing that the office is required to request his or

her criminal history information from the division of criminal justice

services and review such information pursuant to this section; and

(2) obtain the signed informed consent of the prospective provider,

operator or individual seeking to be credentialed on a form supplied by

the division of criminal justice services which indicates that such

person has:

(i) been informed of the right and procedures necessary to obtain,

review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her

criminal history information;

(iii) consented to such request; and

(iv) supplied on the form a current mailing or home address.

Upon receiving such written consent, the office may obtain two sets of

fingerprints of such prospective provider, operator or individual

seeking to be credentialed pursuant to regulations established by the

division of criminal justice services.

(b) The office shall designate one or two persons in its employ who

shall be authorized to request, receive and review criminal history

information, and only such persons and the prospective provider,

operator or individual seeking to be credentialed to which the criminal

history information relates shall have access to such information;

provided, however, that criminal history information may be disclosed to

other personnel authorized by the office who are empowered to make

decisions concerning prospective providers, operators or individuals

seeking to be credentialed and provided further that such other

personnel shall also be subject to the confidentiality requirements and

all other provisions of this section. The office shall notify the

division of criminal justice services of each person authorized to have

access to criminal history information pursuant to this section.

(c) The office shall request criminal history information pursuant to

this section by completing a form developed for such purpose by the

division of criminal justice services. Such form shall include a sworn

statement of the persons designated by the office to request, receive

and review criminal history information pursuant to subdivision (b) of

this section certifying that:

(1) such criminal history information will be used by the office

solely for purposes authorized by this section;

(2) the office and its staff are aware of and will abide by the

confidentiality requirements and all other provisions of this section;

and

(3) the person designated by the office to receive criminal history

information pursuant to subdivision (b) of this section shall upon

receipt immediately mark such criminal history information

"confidential," and shall at all times maintain such criminal history

information in a secure place.

(d) Upon receipt of the fingerprints and sworn statement required by

subdivisions (a) and (c) of this section, the division of criminal

justice services shall promptly forward a set of the individual's

fingerprints to the federal bureau of investigation for the purpose of a

nationwide criminal history record check to determine whether such

individual has been convicted of a criminal offense in any state other

than New York or in a federal jurisdiction.

(e) The division of criminal justice services shall promptly provide

the requested criminal history information to the office. Criminal

history information provided by the division of criminal justice

services pursuant to this section shall be furnished only by mail or

other method of secure and confidential delivery, addressed to the

office. Such information and the envelope in which it is enclosed, if

any, shall be prominently marked "confidential," and shall at all times

be maintained by the office in a secure place.

(f) Upon receipt of criminal history information pursuant to this

section and before making a determination, the office shall provide the

prospective provider, operator or individual seeking to be credentialed

with a copy of such criminal history information and a copy of article

twenty-three-A of the correction law and inform such prospective

provider, operator or individual seeking to be credentialed of his or

her right to seek correction of any incorrect information contained in

such criminal history information pursuant to the regulations and

procedures established by the division of criminal justice services.

(g) Criminal history information obtained pursuant to this section

shall be considered by the office in accordance with the provisions of

article twenty-three-A of the correction law and subdivisions fifteen

and sixteen of section two hundred ninety-six of the executive law.

(h) A prospective provider, operator or individual seeking to be

credentialed may withdraw from the application process, without

prejudice, at any time regardless of whether or not he or she or the

office has reviewed his or her criminal history information. Where a

prospective provider, operator or individual seeking to be credentialed

withdraws from the application process, any fingerprints and criminal

history information concerning such prospective provider, operator or

individual seeking to be credentialed received by the office shall,

within ninety days, be returned to such prospective provider, operator

or individual seeking to be credentialed by the person designated for

receipt of criminal history information pursuant to subdivision (b) of

this section.

(i) The commissioner of the division of criminal justice services

shall promulgate all rules and regulations necessary to implement the

provisions of this section, which shall include convenient procedures

for prospective providers, operators or individuals seeking to be

credentialed to promptly verify the accuracy of their criminal history

information and, to the extent authorized by law, to have access to

relevant documents related thereto.

(j) Any person who willfully permits the release of any confidential

criminal history information contained in the report to persons not

permitted by this section to receive such information shall be guilty of

a misdemeanor.