Section 16.33. Review of criminal history information concerning certain prospective employees

(a) Every provider of services who contracts with or  is  approved  or
  otherwise  authorized  by  the  office to provide services, except (1) a
  department facility, (2) a hospital as defined in  article  twenty-eight
  of  the  public  health  law, or (3) a licensed professional under title
  eight of the education law who does not have employees or volunteers who
  will have regular and substantial unsupervised or unrestricted  physical
  contact  with  the  clients  of such provider, and every applicant to be
  such a provider of services except (i) a  department  facility,  (ii)  a
  hospital as defined in article twenty-eight of the public health law, or
  (iii) a licensed professional under title eight of the education law and
  who  does  not  have  employees  or volunteers who will have regular and
  substantial unsupervised  or  unrestricted  physical  contact  with  the
  clients  of such provider, shall request that the office check, and upon
  such request the office shall request and shall be authorized to receive
  from  the  division  of  criminal  justice  services  criminal   history
  information,  as  such phrase is defined in paragraph (c) of subdivision
  one  of  section  eight  hundred  forty-five-b  of  the  executive  law,
  concerning  each (A) prospective operator, employee or volunteer of such
  provider  who  will  have  regular  and  substantial   unsupervised   or
  unrestricted  physical contact with the clients of such provider, or (B)
  other person over the age of eighteen who is to reside in a family  care
  home,  except  any  person receiving family care services, who will have
  regular and substantial unsupervised or  unrestricted  physical  contact
  with  the  clients  of  such  provider.  For  purposes  of this section,
  "operator" shall include any natural person with an  ownership  interest
  in the provider of services.
    (b) Access to and the use of such information shall be governed by the
  provisions of section eight hundred forty-five-b of the executive law.