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PARRIS N. GLENDENING, Governor
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Ch. 69
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Article - Health - General
19-1901.
(h) "Private [entity" means any individual or business who is not an employer,
as defined in this section] 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.
19-1902.
(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
(2) Request a reference from the potential employee's most recent
employer.
(b) The reference request required under subsection (a)(2) of this section shall,
at a minimum, seek information about any history of physical abuse on the part of the
potential employee.
(c) An adult dependent care program shall pay for each eligible employee:
(1) A State criminal history records check; or
(2) A private agency background check.
(D) IF AN ADULT DEPENDENT CARE PROGRAM REQUESTS A PRIVATE AGENCY
TO CONDUCT A BACKGROUND CHECK, THE PRIVATE AGENCY SHALL CONDUCT A
BACKGROUND CHECK IN EACH STATE IN WHICH THE ADULT DEPENDENT CARE
PROGRAM KNOWS OR HAS REASON TO KNOW THE ELIGIBLE EMPLOYEE WORKED OR
RESIDED DURING THE PAST 7 YEARS.
19-1904.
(a) As part of the application for a STATE criminal history records check TO BE
CONDUCTED BY THE DEPARTMENT, an eligible employee shall submit to the Adult
Dependent Care Program:
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- 607 -
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