Sec. 805.3. Legal base

(a) Section 19.07(c) of the Mental Hygiene Law charges the office with the responsibility for ensuring that persons in need of treatment for substance use disorder receive high quality care and treatment, and that the personal and civil rights of persons receiving care, treatment and rehabilitation are adequately protected.

(b) Section 19.09(b) of the Mental Hygiene Law authorizes the commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.

(c) Section 19.20 of the MHL authorizes the office to receive and check criminal history information related to employees and volunteers of providers of services who contract with, or are approved or otherwise authorized by the office to provide services.

(d) Section 19.20-a of the MHL authorizes the office to receive and check criminal history information related to persons seeking to be credentialed by the office or applicants for an operating certificate issued by the office.

(e) Section 19.40 of the Mental Hygiene Law authorizes the commissioner to issue operating certificates for the provision of chemical dependence services.

(f) Section 32.02 of the Mental Hygiene Law authorizes the commissioner to adopt regulations necessary to ensure quality services to those suffering from compulsive gambling.

(g) Subdivisions (15) and (16) of section 296 of the Executive Law identify unlawful discriminatory practices with regard to the employment and the issuance of licenses.

(h) Civil Service Law section 50 authorizes the Department of Civil Service to request criminal history checks for applicants for State employment.

(i) Article 23-A of the Correction Law provides the factors to be considered concerning a person’s previous criminal convictions in making a determination regarding employment and the issuance of a license.

(j) The Protection of People with Special Needs Act (chapter 501 of the Laws of 2012) establishes the Justice Center for the protection of people with special needs, the Vulnerable Persons Central Register, and the Register of Substantiated Category One Cases of Abuse and Neglect.