N.Y. Comp. Codes R. & Regs. tit. 14 § 805.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 805.4 - Definitions

(a)Applicant means a natural person who has initiated the process of applying to the office for an operating certificate pursuant to Part 810 of this Title, or who has initiated the process of applying for any credential, renewal or reinstatement of such credential issued by the office pursuant to Part 853 of this Title.

(b)Authorized person means any person designated by a provider of services authorized to request, receive and check criminal history information in accordance with this Part.

(c)Commissioner means the Commissioner of the New York State Office of Alcoholism and Substance Abuse Services.

(d)Criminal history information 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, 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 information check.

(e)Designated fingerprinting entity means an entity designated by the office to fingerprint persons who are required to have criminal history information reviews in accordance with The Protection of People with Special Needs Act (chapter 501 of the Laws of 2012), sections 19.20 and 19.20-a of the Mental Hygiene Law, and this Part.

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

(g)Justice Center means the Justice Center for the Protection of People with Special Needs.

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

(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, or is otherwise authorized by the office), who will have the potential for, or may be permitted, 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 persons receiving services from an office service provider, 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, or may be permitted, regular and substantial unsupervised or unrestricted contact with clients.

(l)Provider of services means a provider of OASAS approved services which is expressly required to request a check of criminal history information pursuant to section 19.20 of the Mental Hygiene Law, The Protection of People with Special Needs Act, and this Part.

(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 regard to whom a provider of services or the office is required to request a check of criminal history information pursuant to section 19.20 or 19.20-a of the Mental Hygiene Law, The Protection of People with Special Needs Act, and this Part.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 805.4

Amended New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015