N.Y. Comp. Codes R. & Regs. tit. 14 § 550.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 550.4 - Definitions

(a)Authorized person means the individual(s) designated by a provider of services who is authorized to request, receive and review criminal history information in accordance with this Part.

(b)Commissioner means the commissioner of the New York State Office of Mental Health.

(c)Criminal history information, criminal background, or criminal history record means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed pursuant to subdivision (2) of section 705 of the Correction Law, and which the New York State Division of Criminal Justice Services is authorized to maintain pursuant to subdivision (6) of section 837 of the Executive Law. For purposes of this Part, on or after March 12, 2007, criminal history information, criminal background, or criminal history record shall also include information from the Federal Bureau of Investigation as a result of a national criminal history record check.

(d)Designated fingerprinting entity means an entity designated by the Office of Mental health to fingerprint persons who are required to have criminal background checks in accordance with section 31.35 of the Mental Hygiene Law, section 845-b of the Executive Law, and this Part.

(e)Division means the New York State Division of Criminal Justice Services.

(f)Justice Center means the Justice Center for the Protection of People with Special Needs established pursuant to Article 20 of the Executive Law.

(g)Natural person means a human being, as distinguished from an artificial person created by law (e.g., a corporation).

(h)Office means the New York State Office of Mental Health.

(i)Operator means any natural person with an ownership interest in a provider of services.

(j)Prospective employee means any person to be employed or utilized by the provider of services, (including those persons employed by a contract agency if the subject contract is approved, funded, or is otherwise authorized by the Office of Mental Health), who will have the potential for regular and substantial unsupervised or unrestricted contact with clients.

(k)Prospective volunteer means a person who has applied to participate in activities with or for the benefit of clients of a provider of services, under the supervision of staff or management of such provider, for which he or she receives no salary or remuneration, who will have the potential for regular and substantial unsupervised or unrestricted contact with clients.

(l)Provider of services means a "provider of services" as defined in Section 1.03 of the Mental Hygiene Law, which is expressly authorized to request a check of criminal history information pursuant to Section 845-b of the Executive Law, Section 31.35 of the Mental Hygiene Law, and provided further, that such term also includes the term "facility" or "provider agency" as defined in Section 488 of the Social Services Law, with respect to providers under the jurisdiction of the Office of Mental Health.

(m)Register of Substantiated Category One Cases of Abuse and Neglect means the statewide register established pursuant to Section 495 of the Executive Law maintained by the Justice Center for the Protection of People with Special Needs.

(n)Subject individual means a person with whom a provider of services is authorized to request a check of criminal history information pursuant to Section 845-b of the Executive Law, Section 31.35 of the Mental Hygiene Law, and this Part.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 550.4

Amended New York State Register December 9, 2015/Volume XXXVII, Issue 49, eff. 12/9/2015