New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 805 - Criminal History Information Reviews
Section 805.6 - Submission of fingerprints by applicants for certification or credentialing

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 805.6

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

(a) Certification applicants.

Any applicant for an operating certificate as a provider of services pursuant to Part 810 of this Title, whose application is initiated on or after June 30, 2013, shall require a criminal history information check of all natural persons with an ownership interest in such providers:

(1) any change in the ownership interest of any provider on or after June 30, 2013, for which a new natural person becomes or joins as an operator shall require a criminal history information check of such new natural person or persons;

(2) as part of an applicant's initial application for an operating certificate, part of a previously certified provider's recertification review, or change in ownership status or configuration, the applicant or provider shall designate authorized person(s) who shall be responsible for furnishing the division with the fingerprints of the prospective operator of the provider, as well as those of any prospective employee, contractor, volunteer or any operator who joined the organization subsequent to June 30, 2013 or who previously did not have a criminal history information check performed;

(3) the process for requesting fingerprints of applicants and submitting to the division shall be consistent with the provisions of subdivision (d) of section 805.5 of this Part; and

(4) a subject individual may withdraw from the application process, without prejudice, at any time regardless of whether he or she, or the office, has reviewed his or her criminal history information, provided that upon such withdrawal from the application process, any fingerprints and criminal history information received by the office and/or the provider shall be destroyed.

(b) Credentialing applicants.

Any applicant for a credential issued by the office pursuant to Part 853 of this Title, or renewal of such credential, whose application is initiated on or after June 30, 2013 shall require a criminal history information check, provided however, that:

(1) persons credentialed prior to June 30, 2013 shall require such criminal history information check only upon initial employment by a service provider or a change in employment by a service provider;

(2) the process for requesting fingerprints of applicants and submitting to the division shall be consistent with the provisions of section 805.5(d) of this Part wherein the office shall perform the function of the provider of services; and

(3) an applicant may withdraw from the application process, without prejudice, at any time regardless of whether he or she, or the office, has reviewed his or her criminal history information, provided that upon such withdrawal from the application process, any fingerprints and/or criminal history information received by the office shall be destroyed.

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