§ 19–1901
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-1901 (2026)
Title 19. Health Care Facilities
Subtitle 19. Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks
§ 19–1901LinkCopy Citation
(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.