Ch. 572

1996 LAWS OF MARYLAND

(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.

(J) (G) "PRINTED STATEMENT' MEANS A LETTER ISSUED BY THE CRIMINAL
JUSTICE INFORMATION SYSTEM CITING FEDERAL OR STATE CRIMINAL CHARGES
AGAINST AN APPLICANT A POTENTIAL EMPLOYEE WHO REQUESTS 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 BACKGROUND HISTORY RECORDS CHECK.

(K) (H) "PRIVATE ENTITY" MEANS ANY INDIVIDUAL OR BUSINESS WHO IS
NOT AN EMPLOYER, AS DEFINED IN THIS SECTION.

(L) (I) "SECRETARY' MEANS THE SECRETARY OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES.

(J) "CRIMINAL HISTORY RECORDS CHECK" MEANS A CHECK OF CRIMINAL
HISTORY RECORD INFORMATION, AS DEFINED IN ARTICLE 27, § 743 OF THE CODE. BY
THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES.

(K) "BACKGROUND CHECK" MEANS A CHECK OF COURT AND OTHER
RECORDS BY A PRIVATE AGENCY.

19-1802.

(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN
EMPLOYEE IN A NURSING FACILITY SHALL APPLY FOR A FEDERAL AND STATE
CRIMINAL BACKGROUND INVESTIGATION BEFORE A POTENTIAL EMPLOYEE MAY
BEGIN EMPLOYMENT WITH AN ADULT DEPENDENT CARE PROGRAM:

(1) (I) THE POTENTIAL EMPLOYEE SHALL APPLY FOR A CRIMINAL
HISTORY RECORDS CHECK AT THE CRIMINAL JUSTICE INFORMATION SYSTEM
CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES; OR

(II) THE ADULT DEPENDENT CARE PROGRAM SHALL REQUEST A
PRIVATE AGENCY TO CONDUCT A BACKGROUND CHECK; AND

(2) THE ADULT DEPENDENT CARE PROGRAM SHALL REQUEST A
REFERENCE FROM THE POTENTIAL EMPLOYEE'S MOST RECENT EMPLOYER.

(A) BEFORE AN ELIGIBLE EMPLOYEE MAY BEGIN WORK FOR AN ADULT
DEPENDENT CARE PROGRAM, EACH ADULT DEPENDENT CARE PROGRAM SHALL, FOR
EACH ELIGIBLE EMPLOYEE:

(1) (I) APPLY FOR A STATE CRIMINAL HISTORY RECORDS CHECK OR

(II) REQUEST A PRIVATE AGENCY TO CONDUCT A BACKGROUND
CHECK; AND

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