Bill Text: NY S07108 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Provides licensed facilities a summary of final substantiated reports of category two conduct for a current employee or volunteer where the conduct in such reports occurred at another facility or provider agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-07-01 - SIGNED CHAP.234 [S07108 Detail]

Download: New_York-2021-S07108-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7108

                               2021-2022 Regular Sessions

                    IN SENATE

                                      June 1, 2021
                                       ___________

        Introduced  by Sen. MANNION -- (at request of the Justice Center for the
          Protection of People with Special Needs) --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Disabil-
          ities

        AN  ACT  to  amend  the executive law, in relation to providing licensed
          facilities a summary of final substantiated reports  of  category  two
          conduct of an employee or volunteer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 562 of the executive law, as added
     2  by section 3 of part A of chapter 501 of the laws of 2012, is amended to
     3  read as follows:
     4    1. (a) Upon receiving a  request  for  criminal  history  information,
     5  pursuant  to  section  eight hundred forty-five-b of this chapter, for a
     6  prospective employee or volunteer of a facility  or  provider  licensed,
     7  operated, or certified by the office for people with developmental disa-
     8  bilities,  the  justice center shall furnish a summary of any substanti-
     9  ated reports in its possession regarding a final finding of category two
    10  conduct pursuant to section four  hundred  ninety-three  of  the  social
    11  services  law,  by a prospective employee or volunteer[, if all relevant
    12  hearings and appeals have been  exhausted].  The  justice  center  shall
    13  provide such summary report to the authorized person as defined in para-
    14  graph  (b)  of  subdivision one of section eight hundred forty-five-b of
    15  this chapter and at  that  same  time  furnish  such  documents  to  the
    16  prospective  employee or volunteer at the address for such person listed
    17  on the request.
    18    (b) Notwithstanding paragraph (a) of this subdivision, a  facility  or
    19  provider  licensed,  operated or certified by the office for people with
    20  developmental disabilities shall be provided  a  summary  of  any  final
    21  finding  of  category two conduct pursuant to section four hundred nine-
    22  ty-three of the social services law, for a current  employee  or  volun-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09590-01-1
        S. 7108                             2

     1  teer,  where  the  substantiated  category  two  conduct in such summary
     2  occurred at another facility or  provider  agency.  The  justice  center
     3  shall  additionally provide such summary to the employee or volunteer if
     4  such summary has not previously been provided.
     5    (c)  For the purposes of this subdivision, a final finding of category
     6  two conduct shall mean a finding for which  all  relevant  hearings  and
     7  appeals  have  been exhausted and has not been sealed in accordance with
     8  section four hundred ninety-three of the social services law.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.