§ 19.20-a Review of criminal history information concerning prospective\n providers, operators and individuals seeking to be\n credentialed by the office.\n * The office shall be authorized to receive from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each applicant to be a\nprovider of services or operator of such provider 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 for every individual\nseeking to be credentialed by the office to provide substance use\ndisorder services pursuant to section 19.07 of this article. For\npurposes of this section, "operator" shall include any natural person\nwith an ownership interest in the provider of services.\n * NB Effective until November 3, 2023\n * The office shall be authorized to receive from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each applicant to be a\nprovider of services or operator of such provider 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 for every individual\nseeking to be credentialed by the office to provide substance use\ndisorder services pursuant to section 19.07 of this article. For\npurposes of this section, "operator" shall include any natural person\nwith an ownership interest in the provider of services. Provided,\nhowever, an applicant to be a provider of services or operator of such\nprovider under article thirty-six of this chapter shall comply with the\nrequirements 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 criminal history information concerning any\nprospective provider, operator or individual seeking to be credentialed,\nthe office shall:\n (1) inform the prospective provider, operator or individual seeking to\nbe credentialed in writing that the office is required to request his or\nher criminal history information from the division of criminal justice\nservices and review such information pursuant to this section; and\n (2) obtain the signed informed consent of the prospective provider,\noperator or individual seeking to be credentialed on a form supplied by\nthe division of criminal justice services which indicates that such\nperson 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 office may obtain two sets of\nfingerprints of such prospective provider, operator or individual\nseeking to be credentialed pursuant to regulations established by the\ndivision of criminal justice services.\n (b) The office shall designate one or two persons in its employ who\nshal
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