N.Y. Mental Hygiene Law § 31.35: Review of criminal history information concerning certain prospective employees

§ 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.

* NB Effective until November 3, 2023

* (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.

Provided, however, an applicant to be a provider of services, or

provider of services approved or otherwise authorized, under article

thirty-six of this title 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 an applicant or

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

(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.