§ 31.35 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 of mental health to provide services,\nexcept (1) a department facility, (2) a hospital as defined in article\ntwenty-eight of the public health law, or (3) a licensed professional\nunder title eight of the education law who does not have employees or\nvolunteers who will have regular and substantial unsupervised or\nunrestricted physical contact with the clients of such provider, and\nevery applicant to be such a provider of services except (i) a\ndepartment facility, (ii) a hospital as defined in article twenty-eight\nof the public health law, or (iii) 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\njustice center for the protection of people with special needs check,\nand upon such request such justice center shall request and shall be\nauthorized to 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 operator, employee or\nvolunteer of such provider who will have regular and substantial\nunsupervised or unrestricted physical contact with the clients of such\nprovider. For purposes of this section, "operator" shall include any\nnatural person with an ownership interest in the provider of services.\n * NB Effective until November 3, 2023\n * (a) Every provider of services who contracts with or is approved or\notherwise authorized by the office of mental health to provide services,\nexcept (1) a department facility, (2) a hospital as defined in article\ntwenty-eight of the public health law, or (3) a licensed professional\nunder title eight of the education law who does not have employees or\nvolunteers who will have regular and substantial unsupervised or\nunrestricted physical contact with the clients of such provider, and\nevery applicant to be such a provider of services except (i) a\ndepartment facility, (ii) a hospital as defined in article twenty-eight\nof the public health law, or (iii) 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\njustice center for the protection of people with special needs check,\nand upon such request such justice center shall request and shall be\nauthorized to 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 operator, employee or\nvolunteer of such provider who will have regular and substantial\nunsupervised or unrestricted physical contact with the clients of such\nprovider. For purposes of this section, "operator" shall include any\nnatural person with an ownership interest in the provider of services.\nProvided, however, an applicant to be a provider of services, or\nprovider of services approved or otherwise authorized, under article\nthirty-six of this title shall comply with the requirements of\nsubdivision (a) of section 36.06 of such article to satisfy the\nrequirements of this section, and provided further that an applicant or\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 (b) Access to and the use of such information shall be governed by the\nprovisions
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