(4) Service provider Licensee employees who are affected individuals shall be escorted unless they are determined to be trustworthy and reliable by a NRC-required background investigation. (SCR): SCR screening, and a Staff Exclusion List (SEL) background check through the Justice Center : completed by your agency, of all personnel who have regular and substantial contact with childrenNot applicable for service coordinators, and staff who only . Additionally, the Licensee shall submit a certification of the trustworthiness and reliability of the T&R Official as determined in accordance with 16.112(c) to the NRC with each submission of fingerprints. They provide vaccinations, boosters, testing, and guidance on quarantine and isolation. For aides who successfully completed training in a class that started on or after September 25, 2009, the registry number is assigned when the training program certifies the student. New CHRC Guidance Clarifies Fingerprint Timeframes and More - HCA-NYS The NICS Improvement Act amends the Brady Handgun Violence Prevention Act of 1993, which established the National Instant Criminal Background Check System (NICS). Guidance Documents provide general information or guidance to assist regulated parties in complying with any statute, rule, or other legal requirement. A. PDF Frequently Asked Questions About New York City's Employment Protections NOTE: I have no criminal law convictions. Health Commerce System - Submit Form Easy to use For you and your candidates - on web and mobile devices Get results fast 98% of nationwide criminal checks complete within one hour Built-in compliance Helps you stay compliant with FCRA and local laws Get started Already have an account? To determine if the Department of Health (Department) effectively oversees and monitors efforts by Nursing Homes, Adult Care Facilities (ACF), and Home Health Care (HHC) providers to adequately safeguard patients through requests for required criminal history background checks when hiring unlicensed persons in direct care positions. This section applies to any licensee who possesses, or is authorized to possess, radioactive material that is: (1) listed in Table 1 (Radionuclides of Concern) of this Section and (2) in a quantity equal to or exceeding that listed in Table 1. NYS Sex Offender registry check; National Crime and Information Center-National Sex Offender Registry Check(pending implementation) In addition, for any individual who resides or resided in another state in the prior 5 years, the following checks must be done against that state(s): Criminal history repository; Child abuse and maltreatment registry This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The new statute requires: Providers of Home and Community Based Services (HCBS) to children under 21 years of age authorized under the Children's 1915 (c) Waiver amendment listed below: OMH SED 1915(c) waiver (NY.0296) DOH Care at Home (CAH) I/II 1915(c) waiver (NY.4125) OPWDD Care at Home 1915(c) waiver (NY.40176) That is: Sorry, you need to enable JavaScript to visit this website. The information in this section is reported voluntarily by state and local agencies, and may not reflect complete and "up to date" information for the individual listed. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Background The Department, through its Criminal History Record Check (CHRC) Legal Unit, is responsible for conducting criminal history background checks of unlicensed persons in Nursing Homes, ACFs, and HHCs. The name and address of the individual (T&R Official) to whom the criminal history records should be returned must be included with the submission. Evaluate the eight factors described above and give you a document called the NYC Fair Chance Notice that explains how those factors apply to the job and your conviction; Give you a copy of any background check they ran; Give you a reasonable timeat least three business daysto respond. Home care agencies and the Personal Care Aides (PCAs) and Home Health Aides (HHAs) that they employ are subject to HCR requirements. If there is an error on the background check, explain that there is an error. Yes. If the person has been fingerprinted before, the CHRC Legal Unit reviews the case using information from its initial request and any subsequent New York State arrest information. The public can access the HCR through the DOH public Web site at www.health.ny.gov. The public and home care agencies are encouraged to recheck this database periodically for changes. A. Information contained in the HCR may be entered and updated by third parties, and the Department of Health does not guarantee the accuracy of third-party information provided nor endorse any individual listed in the HCR. Yes. When the new record is created a new registry number is assigned. New Yorks public policy encouraging employment of people with criminal records; The offenses impact on your ability to perform the job duties; The amount of time passed since you committed the offense; The employer or agencys legitimate interest in protecting people or property; Evidence of your rehabilitation and good conduct. Copies of these forms may be obtained from NRC. You must have JavaScript enabled to use this form. The Licensee must retain this documentation for a period of three (3) years from the date the employed individual no longer requires unescorted access associated with the Licensee's activities. PDF Background Check Requirements for Health Homes and Care Managers Employment law issues stemming from past criminal issues. An ambulance service shall: (a) have a valid Department of Health certificate of inspection and Department of Motor Vehicles certificate of inspection on each vehicle at all times while it is in service; (b) withdraw from service any ambulance or emergency ambulance service vehicle which is not in compliance with . Therefore the consumer is always encouraged to ask for additional information about everyone who will be coming into the home to deliver services. Statewide Central Register of Abuse and Maltreatment (SCR) - Online ), Disposition (Conviction, Plea, Dismissal, Aquittal). Providers submit an electronic background check request through the CHRC system to the Department. (10) The Licensee shall review and use the information received from the FBI identification and criminal history records check and consider it as part of its trustworthiness and reliability determination, in conjunction with the trustworthiness and reliability requirements set forth in its Increased Controls license conditions, in making a determination whether to grant an affected individual unescorted access. 2 After logging on, the first screen is the Authorized Person Notices page. x Which provider types can and must request criminal background checks though the NYS DOH? PDF REVIEW PREPARATION CHECKLIST for NYS DOH EIP QUALITY IMPROVEMENT 2 The primary values used for compliance with this Order are tera becquerel (TBq). On December 2, 2004, the State Hospital Review and Planning Council adopted regulations mandating the use of criminal history record . (e) Upon receipt of the results of FBI identification and criminal history records checks, the Licensee shall control such information as specified in subdivision (i) of this section and its Increased Controls license conditions. A. In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. GET to KnowNew York State ComptrollerThomas P. DiNapoli. These fingerprint results are sent electronically to the Federal Bureau of Investigation (FBI) and the New York State Division of Criminal Justice Services (DCJS), which in turn, send any criminal history results to the Department. The Licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. (viii) documentation is provided which demonstrates that the employed individual has been favorably-decided by a U.S. Government program involving fingerprinting and an FBI identification and criminal history records check within the last five calendar years of the effective date of this regulation, or documentation is provided which demonstrates that any person has an active federal security clearance. Disclaimer, The Adobe Acrobat Reader is required to open some documents on this site. (2) The Licensee may not disclose the record or personal information collected and maintained to persons other than the affected individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining unescorted access. PDF Office of the New York State Comptroller | Thomas P. DiNapoli COVID-19 | Department of Health Please note: Authorized Persons (AP) do not have to update applicant's employment status by using the New Opened, Processed tab. Section 16.112 Fingerprinting and criminal background check requirements. PDF "Authorized Person" AP" CHRC "Authorized Person". Department officials promptly issued determination letters as a result of us bringing the 24 instances to their attention. PDF New York City Department of Health and Mental Hygiene Required Forms PDF Mandatory Background Check Requirements for HCBS Providers and Health Homes The search criteria is strictly based on an exact match of Name and DOB (variations of Name or DOB are not reported). New York State (NYS) criminal history record check with the Division of Criminal Justice Services National criminal record check with the Federal Bureau of Investigation (FBI) National Sex Offender Registry check with the National Crime and Information Center If the T&R Official requires unescorted access, the Licensee must NICS will provide the FFL with information on whether . Authorized Persons, AP, background check, fingerprint Created Date: 2/14/2020 . (h) Right to Correct and Complete Information. The aide should request a duplicate certificate from the training program that issued the original certificate. No. Written verification attesting to or certifying the persons trustworthiness and reliability shall be obtained by the Licensee from the Licensee providing the service. (d) Prior to requesting fingerprints from any individual, the Licensee shall provide a copy of this section to that person. A: Please contact the Provider Services Call Center at 800-343-9000 for assistance. Home Care Registry (HCR) Public Application Frequently Asked Questions (FAQs), Health & Safety in the Home, Workplace & Outdoors, Clinical Guidelines, Standards & Quality of Care, All Health Care Professionals & Patient Safety, James V. McDonald, M.D., M.P.H., Commissioner, The Latest on New York's Response to COVID-19, Multisystem Inflammatory Syndrome in Children (MIS-C), Health Care and Mental Hygiene Worker Bonus Program, Lyme Disease & Other Diseases Carried By Ticks, Maternal Mortality & Disparate Racial Outcomes, NY State of Health (Health Plan Marketplace), Help Increasing the Text Size in Your Web Browser. The DOH CHRC form 102: Acknowledgement and Consent for Fingerprinting and . (2) "Affected individual" means an individual who has or is seeking unescorted access to radioactive material identified in Table 1 of this section in a quantity equal to or exceeding that listed in Table 1. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Advocating for Financial Rights & Assisting Entrepreneurs, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, What You Need to Know About Discrimination Based on Arrest and Conviction Records. OMH COVID-19 Guidance - Interim Background Check (REVISED - 4/17/2020) OMH COVID-19 Guidance - Interim Background Check Attestation (REVISED - 4/21/2020) NYS Justice Center Executive Order 202.13 Criminal Background Check Request Form (4/15/2020) OMH COVID-19 State Disaster Emergency, Executive Order No. Section 5-1.43 - Monitoring requirements for water quality parameters, Section 5-1.44 - Monitoring Requirements for Lead and Copper in Source Water, Section 5-1.45 - Source Water Treatment Requirements, Section 5-1.46 - Lead Service Line Replacement, Section 5-1.47 - Notification and Public Education Requirements, Section 5-1.48 - Reporting and Record Keeping Requirements, PUBLIC WATER SYSTEMS; MAXIMUM CONTAMINANT LEVELS; MONITORING REQUIREMENTS; NOTIFICATION REQUIREMENTS - Sections 5-1.50 - 5-1.52, Section 5-1.50 - Applicability and responsibility, Section 5-1.51 - Maximum contaminant levels, maximum residual disinfectant levels and treatment technique requirements, MONITORING AND CONTROL OF DISINFECTION BYPRODUCTS AND DISINFECTION BYPRODUCT PRECURSORS - Sections 5-1.60 - 5-1.65, Section 5-1.61 - Monitoring requirements for disinfection byproduct precursors, Section 5-1.62 - Alternative compliance criteria for enhanced coagulation, Section 5-1.63 - Enhanced coagulation performance requirements, Section 5-1.64 - Operational Evaluation Levels, Section 5-1.65 - Best Available Technologies (BATs) for Disinfection Byproduct Control, OPERATION AND QUALITY CONTROL - Sections 5-1.70 - 5-1.79, Section 5-1.71 - Protection and supervision of public water systems, Section 5-1.72 - Operation of a public water system, Section 5-1.73 - Water treatment plant laboratory, Section 5-1.75 - Additional sampling requirements, Section 5-1.76 - Consecutive public water systems, Section 5-1.79 - Multiple distribution systems, ENHANCED TREATMENT FOR CRYPTOSPORIDIUM - Sections 5-1.80 - 5-1.83, Section 5-1.81 - Source Water Monitoring Requirements at Systems using Surface Water and Ground Water under the Direct Influence of Surface Water (GWUDI) Sources, Section 5-1.82 - Requirements when making a significant change in disinfection practice, Section 5-1.83 - Treatment Technique Requirements, VARIANCES AND EXEMPTIONS - Sections 5-1.90 - 5-1.96, Section 5-1.90 - Variance from a maximum contaminant level, Section 5-1.91 - Variance from required use of any specified treatment technique, Section 5-1.92 - Exemption from a maximum contaminant level or any treatment technique requirement, Section 5-1.93 - Variance or exemption requests, Section 5-1.94 - Notice and opportunity for public hearing, Section 5-1.96 - Enforceability of final schedule prescribed pursuant to granting of variance or exemption, Appendix 5-A - Recommended Standards for Water Works: 2018 Edition, Appendix 5-B - Standards for Water Wells, Appendix 5-C - Acceptable Methods for the Analysis of Contaminants in Water, Appendix 5-D - Special Requirements for Wells Serving Public Water Systems, Section 5-2.7 - Notice of disapproval and appeal, Section 5-2.8 - Application to construct a water well, Section 5-2.10 - Certificate or letter of compliance, Section 5-2.11 - Notification of abandonment of a water well, SubPart 5-4 - Classification and Certification of Community and Nontransient Noncommunity Water System Operators, Section 5-4.4 - Education, experience, and/or training substitutions, Section 5-4.8 - Renewal/recertification requirements, SubPart 5-5 - Water Quality Treatment Districts, Section 5-5.5 - Amendments and modifications, SubPart 5-6 - Bottled and Bulk Water Standards, Section 5-6.2 - Distribution of bottled or bulk water, Section 5-6.6 - Bottling plant facilities, Section 5-6.7 - Production, equipment and packaging, Section 5-6.8 - Sanitation and maintenance, Section 5-6.10 - Maximum contaminant levels, Section 5-6.13 - Sampling, methods and recordkeeping, Section 5-6.16 - Certification procedures, Part 6 - Swimming Pools, Bathing Beaches and Recreational Aquatic Spray Grounds, Section 6-1.7 - Injury and illness incident reporting, Section 6-1.9 - Construction compliance certificate, Section 6-1.15 - Bathhouse and toilet facilities, Section 6-1.17 - Lighting and electrical requirements, Section 6-1.20 - Maximum permissible bather use, Section 6-1.21 - Operator and operating records, Section 6-1.25 - Spa pools; additional requirements, Section 6-1.29 - Swimming pool design standards, Section 6-1.30 - Saturation index for swimming pools, Section 6-1.31 - Aquatic supervisory skill requirements, Section 6-2.7 - Injury and illness incident reporting, SITE DEVELOPMENT, CONSTRUCTION AND MAINTENANCE, Section 6-2.9 - Construction compliance certificate, Section 6-2.10 - Approved bathing waters, Section 6-2.13 - Bathhouse and toilet facilities, Section 6-2.14 - Operator responsibility, Section 6-2.15 - Water quality monitoring, Section 6-2.16 - Control of beach and water use, Section 6-2.17 - Supervision--personnel and equipment, Section 6-2.18 - Operator and operating records, Section 6-2.19 - Bathing beach design standards, Section 6-2.20 - Aquatic supervisory skill requirements, SubPart 6-3 - Recreational Aquatic Spray Grounds, Section 6-3.7 - Injury and illness incident reporting, Section 6-3.8 - Approval of plans and reports, Section 6-3.9 - Construction compliance certificate, Section 6-3.10 - Spray ground operation and maintenance, Section 6-3.15 - Bathhouse and toilet facilities, Section 6-3.17 - Lighting and electrical requirements, Section 6-3.20 - Operator and operating records, Section 6-3.24 - Spray ground design standards, Part 7 - Temporary Residences, Mass Gatherings, Children's Camps, Campgrounds and Agricultural Fairgrounds, SubPart 7-1 - Temporary Residences (Hotels, Motels and Cabin Colonies), Section 7-1.3 - Permit for operation, inspection, access, Section 7-1.4 - Enforcement; public health hazards and other violations, Section 7-1.5 - Operator responsibilities and reporting requirements, Section 7-1.7 - Building construction, enlargement, development, improvement or conversion, Section 7-1.10 - Sewage collection and treatment, Section 7-1.12 - Swimming pools, bathing beaches and recreational aquatic spray ground, Section 7-1.17 - Vector and vermin control, Section 7-1.19 - Refuse storage and disposal, Section 7-2.1 - Enforcement; public health hazards and other violations, Section 7-2.5 - Personnel, supervision and camp safety plan, Section 7-2.9 - Toilets, privies, lavatories, showers, Section 7-2.15 - Heat, light and ventilation, Section 7-2.21 - Vector and vermin control, Section 7-2.23 - Refuse storage and disposal, Section 7-2.25 - Additional requirements for camps enrolling campers with disabilities, Section 7-3.3 - Permit for operation, inspections, access, Section 7-3.4 - Operator responsibilities and reporting requirements, Section 7-3.7 - Notice of construction, enlargement, development, improvement or conversion required; prior approval, Section 7-3.8 - Campsite space requirements, Section 7-3.10 - Building maintenance/grounds, Section 7-3.12 Swimming pools and bathing beaches, Section 7-3.15 - Toilets, lavatories and utility sinks, Section 7-3.18 - Insect, rodent and weed control, Section 7-4.2 - Permit required, application, issuance, revocation, posting, Section 7-4.3 - Miscellaneous: duties of an operator, Section 7-4.6 - Swimming pools and bathing beaches, Section 7-4.8 - Liability and property damage insurance, Section 7-4.9 - Proof of financial resources, Section 7-5.3 - Permit for operation, inspections, access, Section 7-5.4 - Owner responsibilities and reporting requirements, Section 7-5.7 - Notice of construction, enlargement, development, improvement or conversion required; prior approval, Section 7-5.8 - Campgrounds and campsites, Section 7-5.9 - Overnight transient occupancy, Section 7-5.13 - Sewage treatment/collection, Section 7-5.15 - Refuse and animal waste, storage and disposal, Part 8 - Nuisances Which May Affect Life And Health, Section 8.1 - All complaints to be investigated, Section 8.2 - Health officer to file report with local board, Section 8.3 - Action to be taken by local board, Section 8.4 - Health Officer to report to State Commissioner of Health, Section 8.5 - State Commissioner of Health may direct local board of health take certain definite proceedings, Section 8.6 - Presiding officer to convene local board and take action directed, Subpart 9-1 - Synthetic Phenethylamines and Synthetic Cannabinoids Prohibited, Section 9-1.2 - Possession, Manufacture, Distribution, Sale or Offer of Sale of Synthetic Phenethylamines and Synthetic Cannabinoids Prohibited, Section 9-2.2 - Required Signage Warning Against the Dangers of Illegal Products, Part 10 - Barber Shops And Beauty Parlors, Section 10.14 - Lighting and ventilation, Section 10.16 - Receptacle for used towels, Section 10.21 - Walls, ceilings and fixtures, Section 10.24 - Sanitation of equipment, implements, Section 10.25 - Shaving brushes, mugs, finger bowls, Section 10.26 - Alum or other astringents, Section 10.27 - Neck dusters, powder puffs and sponges, Section 10.30 - Cleanliness of operators, Part 11 - Qualifications of Public Health Personnel, Section 11.0 - Purpose, scope and construction, Section 11.1 - Local health officer - definitions, Section 11.10 - Commissioner of health - definition, MEDICAL DIRECTOR OF COUNTY CHILDREN AND YOUTH WITH SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES PROGRAMS, Section 11.15 - Medical director - definition, Section 11.40 - Public health nurse 1 - definition, Section 11.41 - Entry level qualifications, Section 11.42 - Public health nurse 2 - definition, Section 11.44 - Supervisory level - definitions, Section 11.45 - Supervisory level qualifications, Section 11.90 - Environmental health director - definitions, Section 11.100 - Public health engineer - Definition, Section 11.101 - Entry level qualifications, Section 11.102 - Supervisory level qualifications, Section 11.110 - Public health sanitarian - Definitions, Section 11.111 - Entry level qualifications, Section 11.112 - Supervisory level qualifications, Section 11.120 - Public health technician - Definitions, Section 11.121 - Entry level qualifications, Section 11.122 - Supervisory level qualifications, Section 11.130 - Public health nutritionist - Definition, Section 11.131 - Entry level qualifications, Section 11.132 - Supervisory level qualifications, Section 11.150 - Public health educator - Definition, Section 11.151 - Entry level qualifications, Section 11.152 - Supervisory level qualifications, Section 11.170 - Public health social worker - Definition, Section 11.171 - Entry level qualifications, Section 11.172 - Supervisory level qualifications, Section 11.180 - Public health director - Applicability, Section 11.196 - Public health epidemiologist - Definition, Section 11.198 - Supervisory level qualifications, Section 12.2 - Precautions to be observed for the prevention of purulent conjunctivitis of the newborn, Section 12.3 - Precautions to be observed for the prevention of hemorrhagic diseases and coagulation disorders of the newborn and infants related to vitamin K deficiency, PROTECTION OF INFANTS AND CHILDREN AGAINST HAZARDS, Section 12.10 - Precautions to be observed in the use of dyes and inks containing aniline or nitrobenzene or other benzene derivatives for marking diapers and hospital linens, Section 12.12 - Warning label required on certain plastic material, Section 12.13 - Determination of blood group and Rh type and administration of Rh immune globulin, Section 12.20 - Induced termination of pregnancy, Section 13.1 - Transportation of dead human bodies by common carrier, Section 13.2 - Transportation of dead human bodies by other than common carrier, SubPart 14-1 - Food Service Establishments, Section 14-1.10 - Definition of imminent health hazard, Section 14-1.20 - Definitions of food service establishment and caterer, Section 14-1.21 - Definitions of food processing establishment and commissary, Section 14-1.24 - Definition of frozen desserts, Section 14-1.25 - Definition of adequate, Section 14-1.31 - Food; definitions of contamination and potentially hazardous food; food sources; hermetically sealed foods, Section 14-1.32 - Definition of hermetically sealed container, Section 14-1.33 - Milk and milk products and substitutions; fresh and frozen shellfish; eggs; pasteurization, packaging and labeling, Section 14-1.34 - Microbiological standards; potentially hazardous foods, Section 14-1.35 - Packaging of smoked fish and smoked fish product, Section 14-1.40 - Food protection; potentially hazardous food, temperature and refrigeration requirements, Section 14-1.41 - Reservice of unused potentially hazardous food and unused, unprotected food prohibited, Section 14-1.42 - Storage of food removed from original containers or packages, Section 14-1.43 - Storage of food; general requirements, Section 14-1.60 - Poisonous and toxic materials; restrictions; labeling and storage, Section 14-1.72 - Employee consumption of food and use of tobacco, hair restraints, Section 14-1.80 - Food preparation and service, Section 14-1.81 - Washing of fruits and vegetables, Section 14-1.82 - Cooking of potentially hazardous foods, Section 14-1.84 - Dry milk and dry milk products, Section 14-1.86 - Thawing of potentially hazardous foods, Section 14-1.87 - Service of milk and milk products, dairy or non-dairy creaming and whitening agents, condiments and ice; dispensing utensils use and storage, Section 14-1.88 - Display and service of food, Section 14-1.89 - Use of Liquid Nitrogen and Dry Ice, Section 14-1.91 - Equipment and utensils; materials permitted and prohibited, Section 14-1.93 - Equipment construction; cleanability, Section 14-1.94 - Equipment construction; in-place cleaning, Section 14-1.96 - Definitions relating to equipment and utensils, Section 14-1.97 - Single-service articles; when required, Section 14-1.100 - Supplies and equipment; location, Section 14-1.101 - Equipment installation, Section 14-1.102 - Aisles and working spaces, EQUIPMENT AND UTENSIL CLEANING AND SANITATION, Section 14-1.112 - Definition of sanitization; general requirements. Section 5-1.42 - Monitoring requirements for lead and copper in tap water. (e.g., a Licensee employee, contractor, manufacturer, or supplier) is: (i) An employee of the United States (U.S.) Nuclear Regulatory Commission (NRC) or of the Executive Branch of the U.S. Government who has undergone fingerprinting for a prior U.S. Government criminal history check; (iii) An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. Government criminal history check; (iv) The Governor or his or her designated State employee representative; (v) Federal, State, or local law enforcement personnel; (vi) State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives; (vii) Representatives of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC; or.