# Health - General (GHG)

## Title 19. Health Care Facilities

### Subtitle 19. Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks

#### Section 19-1901

(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 Sec. 19-4A-01 of this title;

  (7) An alternative living unit as defined under Sec. 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 Sec. 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.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)