(a) In this subtitle the following words have the meanings indicated. (b) "Adult dependent care program" means: (1) An adult day care facility regulated under Title 14, Subtitle 2 of this article; (2) An assisted living program facility regulated under Subtitle 18 of this title; (3) A group home regulated under Title 10, Subtitle 5 or Title 7, Subtitle 6 of this article; (4) A home health agency regulated under Subtitle 4 of this title; (5) A congregate housing services program regulated under Title 10, Subtitle 2 of the Human Services Article; (6) A residential service agency as defined under § 19-4A-01 of this title; (7) An alternative living unit as defined under § 7-101 of this article; (8) A hospice facility regulated under Subtitle 9 of this title; or (9) A related institution regulated under Subtitle 3 of this title. (c) "Background check" means a check of court and other records by a private agency. (d) "Conviction" means a: (1) Plea or verdict of guilty; (2) Plea of nolo contendere; (3) Disposition of probation before judgment; or (4) Disposition of not criminally responsible. (e) "Criminal history records check" means a check of criminal history record information, as defined in § 10-201 of the Criminal Procedure Article, by the Department of Public Safety and Correctional Services. (f) "Department" means the Department of Public Safety and Correctional Services. (g) "Disclosure statement" means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition. (h) (1) "Eligible employee" means an individual: (i) Who, for compensation, works for an adult dependent care program; (ii) Who has routine, direct access to dependent adults in the program; and (iii) Who is not licensed or certified under the Health Occupations Article. (2) "Eligible employee" does not include an individual delivering or retrieving medical equipment. (i) "Printed statement" means a document issued by the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services in response to an application for a criminal history records check. (j) "Private agency" means a person that: (1) Is licensed as a private detective agency under Title 13, Subtitle 3 of the Business Occupations and Professions Article; (2) Maintains an errors and omissions insurance policy in an amount not less than $1,000,000; (3) Offers customer assistance in the use of background checks for employment purposes; and (4) Is capable of conducting a background check within the State within 2 working days of a request and outside the State within 5 working days of a request. (k) "Secretary" means the Secretary of Public Safety and Correctional Services.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.