Maryland Statutes
Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks
Section 19-1901 - Definitions

(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.