Ch. 572                                    1996 LAWS OF MARYLAND

(B) AN EMPLOYER PROVIDING A REFERENCE UNDER THIS SUBTITLE SHALL
BE PRESUMED TO BE ACTING IN GOOD FAITH UNLESS IT IS SHOWN BY CLEAR AND
CONVINCING EVIDENCE THAT THE EMPLOYER:

(1) ACTED WITH ACTUAL MALICE TOWARD THE EMPLOYEE OR
FORMER EMPLOYEE; OR

(2) INTENTIONALLY OR RECKLESSLY DISCLOSED FALSE INFORMATION
ABOUT THE EMPLOYEE OR FORMER EMPLOYER

19-1812.

NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO PREVENT AN ADULT
DEPENDENT CARE PROGRAM FROM OBTAINING A CRIMINAL HISTORY RECORDS
CHECK OR BACKGROUND CHECK ON ANY OTHER INDIVIDUAL APPLYING FOR A JOB
OR VOLUNTEERING SERVICES IN THE PROGRAM.

19-1813.

THE SECRETARY SHALL:

(1) PROVIDE FOR THE ADOPTION OF A SPECIFIED FORM OR FORMS TO
BE USED IN APPLYING FOR THE CRIMINAL BACKGROUND INVESTIGATION HISTORY
RECORDS CHECK TO BE ISSUED BY THE DEPARTMENT, INCLUDING AN
APPROPRIATE DISCLOSURE STATEMENT;

(2)     DESIGNATE THE APPROPRIATE STATE OR LOCAL LAW
ENFORCEMENT OFFICES IN THE STATE, OR OTHER APPROVED LOCATIONS, WHERE
FINGERPRINTS MAY BE OBTAINED; AND

(3)     ADOPT REGULATIONS NECESSARY AND REASONABLE TO
ADMINISTER THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That representative organizations
of dependent adult care programs, including the Health Facilities Association of Maryland and
the Maryland Association of Nonprofit Homes for the Aging, shall report to the Senate Finance
Committee and the House Environmental Matters Committee on or before February 1, 1997
on the effect of this Act on their operations, the availability of qualified eligible employees, and
the potential need and impact of mandating a national criminal history records check for
dependent adult care programs.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October July 1, 1996.

Approved May 23, 1996.

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