§ 19-1901

439 words·~2 min read·/md/health-general/19-1901

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§19–1901.

(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.

(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.