New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 1 - General
Part 402 - Criminal History Record Check
Section 402.1 - Background and intent
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 402.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a)
(1) Chapter 769 of the Laws of 2005, as
amended by Chapters 331 and 673 of the Laws of 2006, imposed the requirement
for review of the criminal history record of certain prospective employees of
residential health care facilities licensed under Article 28 of the Public
Health Law and certified home health agencies, licensed home care services
agencies or long term home health care programs certified, licensed, or
authorized under Article 36 of the Public Health Law who are hired or used on
or after September 1, 2006 and who will provide direct care or supervision to
patients, residents or clients of such providers.
(2) Chapter 60 of the Laws of 2014, Part A,
sections 22 and 24, as amended by Chapter 94 of the Laws of 2014, imposed the
requirement for review of the criminal history record of certain employees of
adult homes, enriched housing programs, and residences for adults licensed
under Article 7 of the Social Services Law who are hired or used on or after
January 1, 2015 and who will provide direct care or supervision to residents of
such providers.
(3) Chapter 471 of
the Laws of 2016, as amended by Chapter 206 of the Laws of 2017, imposed the
requirement for review of the criminal history record of certain employees of
providers certified under Article 40 of the Public Health Law who are hired on
or after April 1, 2018 and who will provide direct care or supervision to
patients of such providers.
(b) This legislation was intended to enable such providers to secure appropriate individuals to staff their facilities and programs, by utilizing criminal history information concerning individuals seeking employment.
(c) The purpose of this Part is to establish standards and procedures for such criminal history record checks.
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