Title 19. Health Care Facilities — Subtitle 19. Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks

In this subtitle the following words have the meanings indicated.

“Adult dependent care program” means:

“Background check” means a check of court and other records by a private agency.

“Conviction” means a:

“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.

“Department” means the Department of Public Safety and Correctional Services.

“Disclosure statement” means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition.

“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.

“Private agency” means a person that:

“Secretary” means the Secretary of Public Safety and Correctional Services.

Before an eligible employee may begin work for an adult dependent care program, each adult dependent care program shall, for each eligible employee:

The reference request required under subsection (a)(2) of this section shall, at a minimum, seek information about any history of physical abuse on the part of the potential employee.

An adult dependent care program shall pay for each eligible employee:

If an adult dependent care program requests a private agency to conduct a background check, the private agency shall conduct a background check in each state in which the adult dependent care program knows or has reason to know the eligible employee worked or resided during the past 7 years.

In addition to the checks required under this subtitle, an adult dependent care program may require an alcohol or controlled dangerous substance test of the potential employee.

An alcohol or controlled dangerous substance test conducted under this section shall comply with the provisions of § 17-214 of this article.

As part of the application for a State criminal history records check to be conducted by the Department, an eligible employee shall submit to the adult dependent care program:

The adult dependent care program shall submit the fingerprints, disclosure statement, and payment for the costs of the criminal history records check.

The requirement that a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository be submitted as part of the application for a criminal history records check may be waived by the Department if:

As part of the application process for a criminal history records check, an eligible employee shall complete and sign a disclosure statement.

The Department or its designee shall mail an acknowledged receipt of the application with a disclosure statement from an eligible employee within 3 days after receipt of the application to:

If the adult dependent care program requests a private agency background check:

The adult dependent care program shall comply with the federal Fair Credit Reporting Act that includes the issuance of a statement by the program of its findings to an eligible employee when adverse information is obtained that precludes the hiring of that employee.

The Department shall provide a printed statement of the eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.

Information obtained from the Department or a private agency under this subtitle shall be confidential and may be disseminated only to the eligible employee who is the subject of the criminal history records check or private agency background check and to an adult dependent care program seeking to hire the eligible employee.

Information obtained from the Department or a private agency under this subtitle may not:

Information obtained from the Department or a private agency under this subtitle shall be maintained in a manner to insure the security of the information.

An eligible employee may contest the finding of a criminal conviction or pending charge reported in a printed statement issued by the Department as provided in this section.

Failure of the eligible employee to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.

An eligible employee who fails to disclose a conviction or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 19-1905 of this subtitle shall be guilty of perjury and on conviction is subject to the penalty provided by law.

Unless otherwise provided, an eligible employee who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

An adult dependent care program; and

A State agency.

An employer providing a reference for employment under this subtitle and acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer.

An employer providing a reference under this subtitle shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer: