§ 845-b. Requests for criminal history information. 1. Definitions. As\nused in this section:\n (a) "Authorized agency" means a state agency authorized to check\ncriminal history information pursuant to subdivision two of this\nsection.\n (b) "Authorized person" means the one individual designated by a\nprovider who is authorized to request, receive and review criminal\nhistory information pursuant to this section, except that where the\nnumber of applications received by a provider is so great that one\nperson cannot reasonably perform the functions of the authorized person,\na provider may designate one or more additional persons to serve as\nauthorized persons pursuant to this section.\n (c) "Criminal history information" means a record of pending criminal\ncharges, criminal convictions which are not vacated or reversed, and\ncertificates filed pursuant to subdivision two of section seven hundred\nfive of the correction law, and which the division is authorized to\nmaintain pursuant to subdivision six of section eight hundred\nthirty-seven of this article. For the purposes of criminal history\ninformation checks authorized pursuant to article twenty-eight-E of the\npublic health law, criminal history information shall also include\ninformation from the federal bureau of investigation as a result of a\nnational criminal history record check.\n (d) "Subject individual" means a person for whom a provider is\nauthorized to request a check of criminal history information pursuant\nto subdivision two of this section.\n (e) "Provider" means a person or entity authorized to request a check\nof criminal history information pursuant to subdivision two of this\nsection.\n 2. Where a provider is authorized or required to request a check of\ncriminal history information by an authorized agency pursuant to section\n16.33 or 31.35 of the mental hygiene law, article twenty-eight-E of the\npublic health law or subdivision one of section three hundred\nseventy-eight-a of the social services law, such provider shall proceed\npursuant to the provisions of this section and in a manner consistent\nwith the provisions of article twenty-three-A of the correction law,\nsubdivisions fifteen and sixteen of section two hundred ninety-six of\nthis chapter and all other applicable laws.\n 3. Procedures for criminal history information check requests by\nproviders. (a) A provider authorized to request a check of criminal\nhistory information pursuant to subdivision two of this section shall\ndesignate one authorized person who shall request a check of criminal\nhistory information on behalf of such provider pursuant to this section\nand review the results of such check. Only such authorized person or his\nor her designee and the subject individual to whom such criminal history\ninformation relates shall have access to such information; provided,\nhowever, that criminal history information received by a provider may be\ndisclosed to other persons who are directly participating in any\ndecision in regard to such subject individual; and provided, further,\nthat such other persons shall also be subject to the confidentiality\nrequirements and all other provisions of this section. In the case of\nrequests made pursuant to article twenty-eight-E of the public health\nlaw, only information authorized for disclosure under applicable federal\nlaws shall be transmitted to the provider. Each provider shall\nspecifically identify to the authorized agency in writing, in advance of\ndisclosure, the authorized person and each other such agent or employee\nof the provider who is authorized to have access to the results of a\ncheck of criminal history information pursuant to this section. Any\nperson who willfully permits the release of any confidential criminal\nhistory information contained in the report to persons not permitted by\nthis section to receive such information shall be guilty of a\nmisdemeanor.\n (b) A provider requesting a check of criminal histor
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