2006 New York Code - 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  deny  an
  application  for  employment  made  by  a prospective employee. 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  employed  by a provider as a
  certified nurse aide, home health aide or personal care aide as  defined
  by this chapter. Such term shall not include volunteers.
    4.  "Permanent  record"  shall  mean  a permanent, written record of a
  determination which is 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; or any home
  care services  agency  exempt  from  certification  or  licensure  under
  article thirty-six of this chapter; or a temporary employment agency.
    7.   "Temporary  employee"  shall  mean  any  employee  who  has  been
  temporarily approved for  employment  pending  a  determination  by  the
  department.