§ 19-1901. Definitions

   (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Adult dependent care program. -- "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. -- "Background check" means a check of court and other records by a private agency.

(d) Conviction. -- "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. -- "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. -- "Department" means the Department of Public Safety and Correctional Services.

(g) Disclosure statement. -- "Disclosure statement" means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition.

(h) Eligible employee. --

   (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. -- "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. -- "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. -- "Secretary" means the Secretary of Public Safety and Correctional Services.

HISTORY: 1996, ch. 572; 1997, ch. 14, § 3; 1999, ch. 34, § 1; 2000, ch. 69; 2001, ch. 35; 2004, ch. 25, § 6; 2007, ch. 8, § 1.