N.Y. Mental Hygiene Law § 36.06: Review of criminal history information

§ 36.06 Review of criminal history information.

(a) The justice center for the protection of people with special needs

and the office of addiction services and supports shall be authorized to

jointly receive from the division of criminal justice services criminal

history information, as such term is defined in paragraph (c) of

subdivision one of section eight hundred forty-five-b of the executive

law, pursuant to the authority provided under sections 19.20, 19.20-a,

and 31.35 of this chapter to facilitate a single process to review such

criminal history of and make a suitability determination for applicants

to be providers of services and prospective employees or volunteers who

will have regular and substantial unsupervised or unrestricted physical

contact with the clients of a provider licensed, certified, or otherwise

authorized under this article, in accordance with policies and

procedures developed jointly by the justice center for the protection of

people with special needs and the office of addiction services and

supports, in consultation with the office of mental health.

(b) The justice center for the protection of people with special needs

and the office of addiction services and supports shall be authorized to

jointly adopt a single process to review the criminal history of and

make a suitability determination for applicants to be providers of

services under both articles thirty-one and thirty-two of this title,

and prospective employees or volunteers who will have regular and

substantial unsupervised or unrestricted physical contact with the

clients of such provider and shall be authorized to jointly receive

criminal history information, as such term is defined in paragraph (c)

of subdivision one of section eight hundred forty-five-b of the

executive law from the division of criminal justice services.

* (c) Providers licensed pursuant to this article shall be considered

contracted, licensed, approved or otherwise authorized by the office of

addiction services and supports and the office of mental health for the

purpose of sections 19.20, 19.20-a, and 31.35 of this chapter, as may be

applicable. Providers shall be required to comply with the review of

criminal history information, as required in such sections, for

prospective employees or volunteers who will have regular and

substantial unsupervised or unrestricted physical contact with the

clients of such provider.

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

* (d) The office of addiction services and supports and the office of

mental health, in consultation with the justice center for the

protection of people with special needs, shall jointly promulgate

regulations establishing the process by which a provider shall comply

with this section.

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8