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

2. (b) “Adult dependent care program” means:

   1. (1) An adult day care facility regulated under Title 14, Subtitle 2 of this article;
   2. (2) An assisted living program facility regulated under Subtitle 18 of this title;
   3. (3) A group home regulated under Title 10, Subtitle 5 or Title 7, Subtitle 6 of this article;
   4. (4) A home health agency regulated under Subtitle 4 of this title;
   5. (5) A congregate housing services program regulated under Title 10, Subtitle 2 of the Human Services Article;
   6. (6) A residential service agency as defined under § 19-4A-01 of this title;
   7. (7) An alternative living unit as defined under § 7-101 of this article;
   8. (8) A hospice facility regulated under Subtitle 9 of this title; or
   9. (9) A related institution regulated under Subtitle 3 of this title.
3. (c) “Background check” means a check of court and other records by a private agency.

4. (d) “Conviction” means a:

   1. (1) Plea or verdict of guilty;
   2. (2) Plea of nolo contendere;
   3. (3) Disposition of probation before judgment; or
   4. (4) Disposition of not criminally responsible.
5. (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.
6. (f) “Department” means the Department of Public Safety and Correctional Services.
7. (g) “Disclosure statement” means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition.

8. (h)

   1. (1) “Eligible employee” means an individual:

      1. (i) Who, for compensation, works for an adult dependent care program;
      2. (ii) Who has routine, direct access to dependent adults in the program; and
      3. (iii) Who is not licensed or certified under the Health Occupations Article.
   2. (2) “Eligible employee” does not include an individual delivering or retrieving medical equipment.
9. (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.

10. (j) “Private agency” means a person that:

    1. (1) Is licensed as a private detective agency under Title 13, Subtitle 3 of the Business Occupations and Professions Article;
    2. (2) Maintains an errors and omissions insurance policy in an amount not less than $1,000,000;
    3. (3) Offers customer assistance in the use of background checks for employment purposes; and
    4. (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.
11. (k) “Secretary” means the Secretary of Public Safety and Correctional Services.

Added by Acts 1996, c. 572, § 1, eff. July 1, 1996. Amended by Acts 1997, c. 14, § 3, eff. Oct. 1, 1997; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 69, § 1, eff. Oct. 1, 2000; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007.