§ 2899-a. Requests for criminal history information concerning\nprospective employees. 1. A provider shall request that the department\ncheck, and upon such request the department shall check its permanent\nrecord according to this section for a determination on a prospective\nemployee. If a permanent record does not exist for the prospective\nemployee, the department shall be authorized to request and receive\ncriminal history information concerning the prospective employee from\nthe division of criminal justice services in accordance with the\nprovisions of section eight hundred forty-five-b of the executive law.\nAccess to and the use of such information shall be governed by the\nprovisions of such section. The division of criminal justice services is\nauthorized to submit fingerprints to the federal bureau of investigation\nfor a national criminal history record check.\n 2. To the extent permitted by law, a provider shall request from a\nprospective employee a sworn statement disclosing any prior finding of\npatient or resident abuse, or a criminal conviction in this state or any\nother jurisdiction. Providers shall evaluate such statements in all\nhiring decisions, including any temporary approvals allowed under\nsubdivision eleven of section eight hundred forty-five-b of the\nexecutive law and subdivision ten of this section.\n 3. No person who has been fingerprinted pursuant to this article and\nwhose fingerprints remain on file with the division of criminal justice\nservices shall be required to undergo fingerprinting for purposes of a\nnew state check required by this article.\n 4. The commissioner shall promulgate all rules and regulations\nnecessary to implement the provisions of this article, which shall\ninclude convenient procedures for prospective employees to promptly\nverify the accuracy of their criminal history information and, to the\nextent authorized by law, to have access to relevant documents related\nthereto.\n 5. Nothing in this article shall be construed or interpreted to in any\nway diminish the integrity of any collective bargaining agreement\nnegotiated on or before April first, two thousand five between an\nemployer and any certified or authorized collective bargaining agent for\nemployees, or to diminish rights which accrue to such employees pursuant\nto such agreements.\n 6. The department may accept digital fingerprint images or any other\nacceptable technological devices used to obtain and/or transmit\nfingerprint images for the purposes of this article, as provided for in\nthe rules and regulations created by the commissioner pursuant to\nsubdivision four of this section. To the extent funds are available\ntherefor, grants to assist and facilitate the purchase of technology\nshall be made available to providers who demonstrate the need for\nfinancial assistance as determined by the department.\n 7. The department promptly shall make all determinations and actions\nrequired by subdivision five of section eight hundred forty-five-b of\nthe executive law upon receipt of the information from the division of\ncriminal justice services and the federal bureau of investigation,\nprovided that when rendering a determination to propose denial of\nemployment eligibility, the department shall provide the individual who\nis the subject of the criminal history information check with a copy of\nsuch criminal history information and a copy of article twenty-three-A\nof the correction law and inform such individual of his or her right to\nseek correction of any incorrect information contained in such criminal\nhistory information pursuant to the regulations and procedures\nestablished by the division of criminal justice services. The department\nshall create a permanent record, update the information in accordance\nwith section eight hundred forty-five-b of the executive law and make\nonly records or information received from the division of criminal\njustice services available to providers pursuant to
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