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.