Ch. 572                                    1996 LAWS OF MARYLAND

(C) THE RECORDING OF THE EXISTENCE OF A CONVICTION OR PENDING
CHARGE CONTAINED IN THE CRIMINAL HISTORY RECORD INFORMATION RECEIVED
FROM THE FEDERAL BUREAU OF INVESTIGATION IDENTIFICATION DIVISION:

(1) MAY NOT IDENTIFY OR DISCLOSE TO A PRIVATE ENTITY THE
SPECIFIC CRIME OR ATTEMPTED CRIME IN THE APPLICANTS CRIMINAL HISTORY
RECORD; AND

(2) SHALL DISCLOSE TO A PRIVATE ENTITY THE EXISTENCE OF A
CONVICTION OR PENDING CHARGES FOR ANY OF THE CRIMES, ATTEMPTED CRIMES,
OR A CRIMINAL OFFENSE THAT IS EQUIVALENT TO THOSE ENUMERATED IN THE
REGULATIONS ADOPTED BY THE DEPARTMENT.

(D) ON COMPLETION OF THE CRIMINAL BACKGROUND INVESTIGATION OF
AN EMPLOYEE, THE DEPARTMENT SHALL SUBMIT THE PRINTED STATEMENT TO:

(1) THE EMPLOYEE'S CURRENT OR PROSPECTIVE EMPLOYER AT THE
NURSING FACILITY;

(2)     THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE; AND

(3) THE EMPLOYEE.

(E) (C) INFORMATION OBTAINED FROM THE DEPARTMENT OR A PRIVATE
AGENCY UNDER THIS SUBTITLE SHALL BE CONFIDENTIAL AND MAY BE
DISSEMINATED ONLY TO THE APPLICANT POTENTIAL ELIGIBLE EMPLOYEE WHO IS
THE SUBJECT OF THE CRIMINAL BACKGROUND INVESTIGATION HISTORY RECORDS
CHECK OR PRIVATE AGENCY BACKGROUND CHECK AND TO THE PARTICIPANTS IN
THE HIRING OR APPROVAL PROCESS AN ADULT DEPENDENT CARE PROGRAM
SEEKING TO HERE THE POTENTIAL ELIGIBLE EMPLOYER

(F) (D) INFORMATION OBTAINED FROM THE DEPARTMENT OR A PRIVATE
AGENCY UNDER THIS SUBTITLE MAY NOT:

(1)     BE USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS
DISSEMINATED; OR

(2)     BE REDISSEMENATED.

(G) (E) INFORMATION OBTAINED FROM THE DEPARTMENT OR A PRIVATE
AGENCY UNDER THIS SUBTITLE SHALL BE MAINTAINED EN A MANNER TO INSURE
THE SECURITY OF THE INFORMATION.

19-1806. 19-1808.

(A)    AN APPLICANT A POTENTIAL 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.

(B)     (1) IN CONTESTING THE FINDING OF A CONVICTION OR A PENDING
CHARGE, THE APPLICANT POTENTIAL ELIGIBLE EMPLOYEE SHALL CONTACT THE
OFFICE OF THE SECRETARY, OR A DESIGNEE OF THE SECRETARY, AND A HEARING

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