§ 19.20-a Review of criminal history information concerning prospective

providers, operators and individuals seeking to be

credentialed by the office.

* The office shall be authorized to receive from the division of
criminal justice services criminal history information, as such phrase
is defined in paragraph (c) of subdivision one of section eight hundred
forty-five-b of the executive law, concerning each applicant to be a
provider of services or operator of such provider except: (1) a
department facility; (2) a hospital as defined in article twenty-eight
of the public health law; or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, and for every individual
seeking to be credentialed by the office to provide substance use
disorder services pursuant to section 19.07 of this article. For
purposes of this section, "operator" shall include any natural person
with an ownership interest in the provider of services.

* NB Effective until November 3, 2023

* The office shall be authorized to receive from the division of
criminal justice services criminal history information, as such phrase
is defined in paragraph (c) of subdivision one of section eight hundred
forty-five-b of the executive law, concerning each applicant to be a
provider of services or operator of such provider except: (1) a
department facility; (2) a hospital as defined in article twenty-eight
of the public health law; or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, and for every individual
seeking to be credentialed by the office to provide substance use
disorder services pursuant to section 19.07 of this article. For
purposes of this section, "operator" shall include any natural person
with an ownership interest in the provider of services. Provided,
however, an applicant to be a provider of services or operator of such
provider under article thirty-six of this chapter shall comply with the
requirements of subdivision (a) of section 36.06 of such article to
satisfy the requirements of this section, and provided further that a
provider who complies with the requirements of subdivision (b) of
section 36.06 of such article, shall be deemed to have satisfied the
requirements of this section.

* NB Effective November 3, 2023

(a) Prior to requesting criminal history information concerning any
prospective provider, operator or individual seeking to be credentialed,
the office shall:

(1) inform the prospective provider, operator or individual seeking to
be credentialed in writing that the office is required to request his or
her criminal history information from the division of criminal justice
services and review such information pursuant to this section; and

(2) obtain the signed informed consent of the prospective provider,
operator or individual seeking to be credentialed on a form supplied by
the division of criminal justice services which indicates that such
person has:

(i) been informed of the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her
criminal history information;

(iii) consented to such request; and

(iv) supplied on the form a current mailing or home address.
Upon receiving such written consent, the office may obtain two sets of
fingerprints of such prospective provider, operator or individual
seeking to be credentialed pursuant to regulations established by the
division of criminal justice services.

(b) The office shall designate one or two persons in its employ who
shall be authorized to request, receive and review criminal history
information, and only such persons and the prospective provider,
operator or individual seeking to be credentialed to which the criminal
history information relates shall have access to such information;
provided, however, that criminal history information may be disclosed to
other personnel authorized by the office who are empowered to make
decisions concerning prospective providers, operators or individuals
seeking to be credentialed and provided further that such other
personnel shall also be subject to the confidentiality requirements and
all other provisions of this section. The office shall notify the
division of criminal justice services of each person authorized to have
access to criminal history information pursuant to this section.

(c) The office shall request criminal history information pursuant to
this section by completing a form developed for such purpose by the
division of criminal justice services. Such form shall include a sworn
statement of the persons designated by the office to request, receive
and review criminal history information pursuant to subdivision (b) of
this section certifying that:

(1) such criminal history information will be used by the office
solely for purposes authorized by this section;

(2) the office and its staff are aware of and will abide by the
confidentiality requirements and all other provisions of this section;
and

(3) the person designated by the office to receive criminal history
information pursuant to subdivision (b) of this section shall upon
receipt immediately mark such criminal history information
"confidential," and shall at all times maintain such criminal history
information in a secure place.

(d) Upon receipt of the fingerprints and sworn statement required by
subdivisions (a) and (c) of this section, the division of criminal
justice services shall promptly forward a set of the individual's
fingerprints to the federal bureau of investigation for the purpose of a
nationwide criminal history record check to determine whether such
individual has been convicted of a criminal offense in any state other
than New York or in a federal jurisdiction.

(e) The division of criminal justice services shall promptly provide
the requested criminal history information to the office. Criminal
history information provided by the division of criminal justice
services pursuant to this section shall be furnished only by mail or
other method of secure and confidential delivery, addressed to the
office. Such information and the envelope in which it is enclosed, if
any, shall be prominently marked "confidential," and shall at all times
be maintained by the office in a secure place.

(f) Upon receipt of criminal history information pursuant to this
section and before making a determination, the office shall provide the
prospective provider, operator or individual seeking to be credentialed
with a copy of such criminal history information and a copy of article
twenty-three-A of the correction law and inform such prospective
provider, operator or individual seeking to be credentialed of his or
her right to seek correction of any incorrect information contained in
such criminal history information pursuant to the regulations and
procedures established by the division of criminal justice services.

(g) Criminal history information obtained pursuant to this section
shall be considered by the office in accordance with the provisions of
article twenty-three-A of the correction law and subdivisions fifteen
and sixteen of section two hundred ninety-six of the executive law.

(h) A prospective provider, operator or individual seeking to be
credentialed may withdraw from the application process, without
prejudice, at any time regardless of whether or not he or she or the
office has reviewed his or her criminal history information. Where a
prospective provider, operator or individual seeking to be credentialed
withdraws from the application process, any fingerprints and criminal
history information concerning such prospective provider, operator or
individual seeking to be credentialed received by the office shall,
within ninety days, be returned to such prospective provider, operator
or individual seeking to be credentialed by the person designated for
receipt of criminal history information pursuant to subdivision (b) of
this section.

(i) The commissioner of the division of criminal justice services
shall promulgate all rules and regulations necessary to implement the
provisions of this section, which shall include convenient procedures
for prospective providers, operators or individuals seeking to be
credentialed to promptly verify the accuracy of their criminal history
information and, to the extent authorized by law, to have access to
relevant documents related thereto.

(j) Any person who willfully permits the release of any confidential
criminal history information contained in the report to persons not
permitted by this section to receive such information shall be guilty of
a misdemeanor.