N.Y. Mental Hygiene Law § 36.06 – Review of criminal history information

(a) The justice center for the protection of people with special needs and the office of addiction services and supports shall be authorized to jointly receive from the division of criminal justice services criminal history information, as such term is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law, pursuant to the authority provided under sections 19.20, 19.20-a, and 31.35 of this chapter to facilitate a single process to review such criminal history of and make a suitability determination for applicants to be providers of services and prospective employees or volunteers who will have regular and substantial unsupervised or unrestricted physical contact with the clients of a provider licensed, certified, or otherwise authorized under this article, in accordance with policies and procedures developed jointly by the justice center for the protection of people with special needs and the office of addiction services and supports, in consultation with the office of mental health.
(b) The justice center for the protection of people with special needs and the office of addiction services and supports shall be authorized to jointly adopt a single process to review the criminal history of and make a suitability determination for applicants to be providers of services under both articles thirty-one and thirty-two of this title, and prospective employees or volunteers who will have regular and substantial unsupervised or unrestricted physical contact with the clients of such provider and shall be authorized to jointly receive criminal history information, as such term is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law from the division of criminal justice services. * (c) Providers licensed pursuant to this article shall be considered contracted, licensed, approved or otherwise authorized by the office of addiction services and supports and the office of mental health for the purpose of sections 19.20, 19.20-a, and 31.35 of this chapter, as may be applicable. Providers shall be required to comply with the review of criminal history information, as required in such sections, for prospective employees or volunteers who will have regular and substantial unsupervised or unrestricted physical contact with the clients of such provider. * NB Effective on the date that the rates of reimbursement for integrated behavioral health services are approved and certified by parties set forth in chapter 60 of 2026 § 8 * (d) The office of addiction services and supports and the office of mental health, in consultation with the justice center for the protection of people with special needs, shall jointly promulgate regulations establishing the process by which a provider shall comply with this section. * NB Effective on the date that the rates of reimbursement for integrated behavioral health services are approved and certified by parties set forth in chapter 60 of 2026 § 8