§ 19.20 Review of criminal history information concerning certain\n prospective employees and volunteers.\n * 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, shall request that the office\nrequest and receive from the division of criminal justice services\ncriminal history information, as such phrase is defined in paragraph (c)\nof subdivision one of section eight hundred forty-five-b of the\nexecutive law, concerning each prospective employee or volunteer of such\nprovider who will have regular and substantial unsupervised or\nunrestricted physical contact with the clients of such provider.\n * NB Effective until November 3, 2023\n * 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, shall request that the office\nrequest and receive from the division of criminal justice services\ncriminal history information, as such phrase is defined in paragraph (c)\nof subdivision one of section eight hundred forty-five-b of the\nexecutive law, concerning each prospective employee or volunteer of such\nprovider who will have regular and substantial unsupervised or\nunrestricted physical contact with the clients of such provider.\nProvided, however, a provider of services approved or otherwise\nauthorized under article thirty-six of this chapter shall comply with\nthe requirements of subdivision (a) of section 36.06 of such article to\nsatisfy the requirements of this section, and provided further that a\nprovider who complies with the requirements of subdivision (b) of\nsection 36.06 of such article, shall be deemed to have satisfied the\nrequirements of this section.\n * NB Effective November 3, 2023\n (a) Prior to requesting the office to obtain a criminal history\ninformation concerning any prospective employee or volunteer, a provider\nshall:\n (1) inform the prospective employee or volunteer in writing that the\nprovider is required to request his or her criminal history information\nand review such information pursuant to this section; and\n (2) obtain the signed informed consent of the prospective employee or\nvolunteer on a form supplied by the division of criminal justice\nservices which indicates that such person has:\n (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n (ii) been informed of the reason for the request for his or her\ncriminal history information;\n (iii) consented to such request; and\n (iv) supplied on the form a current mailing or home address.\nUpon receiving such written consent, the provider shall obtain two sets\nof fingerprints of such prospective employee or volunteer and provide\nsuch fingerprints to the office pursuant to regulations established by\nthe division of criminal justice services.\n (b) A provider requesting criminal history information pursuant to\nthis section shall also complete a form developed for such purpose by\nthe division of criminal justice services. Such form shall include a\nsworn statement of the person designated by such provider to request,\nreceive and review criminal history information pursuant to paragraph\none of subdivision (g) of this sect
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