2013 New York Consolidated Laws
PBH - Public Health
Article 28-E - (2899 - 2899-A) REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE EMPLOYEES OF NURSING HOMES AND HOME CARE SERVICES AGENCIES
2899 - Definitions.

 
    §  2899. Definitions. As used in this article, the following words and
  phrases shall have the following meanings:
    1. "Criminal history information"  shall  mean  a  record  of  pending
  criminal  charges,  criminal  convictions which have not been vacated or
  reversed, information from the federal  bureau  of  investigation  as  a
  result  of  a  national  criminal history record check, and certificates
  filed pursuant to subdivision two of section seven hundred five  of  the
  correction  law  and  which the division of criminal justice services is
  required to maintain  pursuant  to  subdivision  six  of  section  eight
  hundred thirty-seven of the executive law.
    2.  "Determination"  shall  mean  the  decision made by the department
  after reviewing criminal history information to approve or disapprove  a
  prospective  employee's  eligibility  for  employment by a provider. All
  such determinations shall be made in accordance with subdivision five of
  section eight hundred forty-five-b of the executive law.
    3. "Employee" shall mean any person  to  be  employed  or  used  by  a
  provider,  including  those  persons  employed by a temporary employment
  agency, to provide direct care or supervision to patients or  residents.
  Persons licensed pursuant to title eight of the education law or article
  twenty-eight-D of this chapter are excluded from the meaning of employee
  under this article. Such term shall not include volunteers.
    4.  "Permanent  record"  shall  mean  a permanent, written record of a
  determination and the criminal history  information  maintained  by  the
  department.
    5.  "Prospective employee" shall mean any individual, not currently an
  employee, who files an application for employment as an employee with  a
  provider  and  the  provider  has  a reasonable expectation to hire such
  individual as an employee.
    6. "Provider" shall mean any residential health care facility licensed
  under article twenty-eight of this chapter; or any certified home health
  agency, licensed home care services agency or long term home health care
  program certified under article thirty-six of this chapter.
    7.  "Temporary  employee"  shall  mean  any  employee  who  has   been
  temporarily  approved  for  employment  pending  a  determination by the
  department.