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 805.9 - Notification of subsequent criminal charges or convictions

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 805.9

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The division shall promptly forward notification that there is a pending criminal action or proceeding, with regard to an employee, volunteer, contractor, operator or credentialed person to the office only by a method of secure and confidential delivery, addressed to the office. Such information shall be marked "confidential" and shall at all times be maintained by the office in a secure place.

(b) Upon receiving notification from the division that there is a pending criminal action or proceeding with regard to an employee, volunteer, or contractor, the office shall promptly notify the authorized person of a provider of services of the pending criminal action or proceeding.

(c) Upon receiving notification from the office of the pending criminal action or proceeding, or a conviction, a provider of services shall take any and all appropriate action to ensure that the health, safety, and welfare of its clients are protected and:

(1) such action or actions shall be documented; and

(2) in cases involving pending criminal actions or proceedings against employees or volunteers, it shall be the responsibility of the provider of services to inquire as to the outcome of such proceedings if the employee or volunteer remains in service with the provider.

(d) Upon receiving notification from the division that there is a pending criminal action or proceeding, with regard to an owner or operator of a certified provider of services, or person holding a credential issued by the office, the office shall take any and all actions pursuant to regulation to protect the health and safety of persons receiving services.

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