This text of New York § 16.34 (Certain information regarding persons working with people with developmental disabilities) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 16.34 Certain information regarding persons working with people with\n developmental disabilities.\n (a) Upon a request to the justice center for criminal history\ninformation for a prospective employee or volunteer pursuant to section\neight hundred forty-five-b of the executive law, the justice center\nshall notify the office, and if the office has available, after a\nreasonably diligent search a substantiated report that the prospective\nemployee or volunteer engaged in behavior that constituted abuse or\nserious neglect of a patient or consumer in a program licensed,\noperated, or certified by the office, the office shall cause to be\nfurnished a summary of such report or reports to the provider that\nrequested the criminal history information from the justice center with\n
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§ 16.34 Certain information regarding persons working with people with\n developmental disabilities.\n (a) Upon a request to the justice center for criminal history\ninformation for a prospective employee or volunteer pursuant to section\neight hundred forty-five-b of the executive law, the justice center\nshall notify the office, and if the office has available, after a\nreasonably diligent search a substantiated report that the prospective\nemployee or volunteer engaged in behavior that constituted abuse or\nserious neglect of a patient or consumer in a program licensed,\noperated, or certified by the office, the office shall cause to be\nfurnished a summary of such report or reports to the provider that\nrequested the criminal history information from the justice center with\nrespect to such prospective employee or volunteer; provided, however,\nsummary reports provided shall be limited to substantiated reports based\non investigations that commenced prior to the effective date of this\nsection. Such summary report shall be provided to the authorized person\nas defined in paragraph (b) of subdivision one of section eight hundred\nforty-five-b of the executive law and at that same time the office shall\nfurnish such documents to the prospective employee or volunteer at the\naddress for such person listed on the request.\n (b) The summary report provided by the office to a provider of\nservices pursuant to subdivision (a) of this section shall be received\nby the provider subject to the confidentiality provisions of subdivision\nseven of section eight hundred forty-five-b of the executive law.\n (c) For the purposes of this section the following terms shall have\nthe following meanings:\n 1. "abuse" shall mean physical abuse, sexual abuse, or psychological\nabuse; and\n 2. "serious neglect" shall mean intentional acts or omissions that\nendanger the life or health of a person receiving services.\n 3. "substantiated report" shall mean that, after investigation, the\ncommission on quality care and advocacy for persons with disabilities or\nthe office has determined, in writing, that a report filed by such\ncommission, by the office, or by a provider certified by the office,\nmeets the criteria of abuse or serious neglect, as defined in this\nsection, of a patient or consumer in a program licensed, operated, or\ncertified by the office and that the report and credible information\nsubmitted support the relevant allegations in the report or shall mean\nthat the prospective employee or volunteer was either found guilty in a\ndisciplinary proceeding, or there was a settlement agreement in which\nthe prospective employee or volunteer admitted guilt.\n (d) Nothing in this section shall be interpreted to limit the office's\nability to investigate abuse, neglect or maltreatment, whether\nintentional or unintentional, under current law or regulations.\n