New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 550 - Criminal History Record Checks
Section 550.2 - Applicability

Current through Register Vol. 46, No. 39, September 25, 2024

(a) This Part shall apply to every provider of mental health services which is licensed by, contracts with, or is otherwise approved by the Office of Mental Health to provide services, except:

(1) a facility or program that is directly operated by the Office of Mental Health;

(2) a hospital, as defined in section 2801 of the New York State Public Health Law, that is licensed by the Department of Health; or

(3) a professional licensed pursuant to title 8 of the New York State Education Law, who does not have employees or volunteers who will have regular and substantial unsupervised or unrestricted contact with the clients of such provider.

(b) This Part shall also apply to every applicant to be an operator of a provider of mental health services that meets the criteria set forth in subdivision (a) of this section.

(c) The Justice Center for the Protection of People with Special Needs was given authority, pursuant to Chapter 501 of the Laws of 2012, and Chapter 83 of the Laws of 2013 to review and evaluate the criminal history information for any person applying to be an employee, volunteer, or consultant for whom a criminal background check is required by law as a condition of employment at any facilities or provider agencies under which it has jurisdiction pursuant to Section 488 of the Social Services Law. Reviews and evaluations for such providers will be conducted in accordance with 14 NYCRR Part 701.

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