Section 19-1901 - Definitions. - Maryland Statutes

§ 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. 
 

[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.]