§ 16.33 Review of criminal history information concerning certain\n prospective employees.\n (a) Every provider of services who contracts with or is approved or\notherwise authorized by the office to provide services, except (1) a\ndepartment facility, (2) a hospital as defined in article twenty-eight\nof the public health law, or (3) a licensed professional under title\neight of the education law who does not have employees or volunteers who\nwill have regular and substantial unsupervised or unrestricted physical\ncontact with the clients of such provider, and every applicant to be\nsuch a provider of services except (i) a department facility, (ii) a\nhospital as defined in article twenty-eight of the public health law, or\n(iii) a licensed professional under title eight of the education law and\nwho does not have employees or volunteers who will have regular and\nsubstantial unsupervised or unrestricted physical contact with the\nclients of such provider, shall request that the justice center for the\nprotection of people with special needs check, and upon such request\nsuch justice center shall request and shall be authorized to receive\nfrom the division of criminal justice services criminal history\ninformation, as such phrase is defined in paragraph (c) of subdivision\none of section eight hundred forty-five-b of the executive law,\nconcerning each (A) prospective operator, employee or volunteer of such\nprovider who will have regular and substantial unsupervised or\nunrestricted physical contact with the clients of such provider, or (B)\nother person over the age of eighteen who is to reside in a family care\nhome, except any person receiving family care services, who will have\nregular and substantial unsupervised or unrestricted physical contact\nwith the clients of such provider. For purposes of this section,\n"operator" shall include any natural person with an ownership interest\nin the provider of services.\n (b) Access to and the use of such information shall be governed by the\nprovisions of section eight hundred forty-five-b of the executive law.\n
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