<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".26" citation="COMAR 32.02.02.26" title_num="32" subtitle_num="02" chapter_num="02" heading="Individuals Employed or Contracted by Provider.">
  <paragraph num="A.">
    <text>If a provider employs an individual or contracts with an individual to provide services to the provider's subscribers and the individual will enter a subscriber's dwelling or any combination of subscribers' dwellings more than four times in a year to deliver those services, then the provider shall:</text>
    <paragraph num="(1)">
      <text>Make sure the individual meets the requirements of §B of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Check at least two character references for the individual to confirm the individual meets the requirements of §B(1)—(5) of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have the individual submit the necessary forms and fingerprints needed to conduct a criminal history records check through the Criminal Justice Information System operated by the Department of Public Safety and Correctional Services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An individual who is employed by or contracted by a provider to provide services to a subscriber in the subscriber's dwelling and who will enter a subscriber's dwelling or any combination of subscribers' dwellings more than four times in a year to deliver those services shall:</text>
    <paragraph num="(1)">
      <text>Be 18 years old or older;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Have adequate training, education, or experience to perform the duties assigned;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have sufficient physical, emotional, and mental capacity to perform the duties assigned;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Have no convictions for crimes that have a bearing on the individual's ability to provide services consistent with the well-being of the subscribers;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Have sufficient moral character to be entrusted with providing services to elderly people who may be physically or mentally infirm;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Provide the names, addresses, and telephone numbers of at least three references attesting to the individual's meeting the requirements of §B(1)—(5) of this regulation; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Be free from communicable diseases, as evidenced by a physician's statement.</text>
    </paragraph>
  </paragraph>
</regulation>