(a)    In this subtitle the following words have the meanings indicated.

(b)    “Adult dependent care program” means:

(1)    An adult day care facility regulated under Title 14, Subtitle 2 of this article;

(2)    An assisted living program facility regulated under Subtitle 18 of this title;

(3)    A group home regulated under Title 10, Subtitle 5 or Title 7, Subtitle 6 of this article;

(4)    A home health agency regulated under Subtitle 4 of this title;

(5)    A congregate housing services program regulated under Title 10, Subtitle 2 of the Human Services Article;

(6)    A residential service agency as defined under § 19–4A–01 of this title;

(7)    An alternative living unit as defined under § 7–101 of this article;

(8)    A hospice facility regulated under Subtitle 9 of this title; or

(9)    A related institution regulated under Subtitle 3 of this title.

(c)    “Background check” means a check of court and other records by a private agency.

(d)    “Conviction” means a:

(1)    Plea or verdict of guilty;

(2)    Plea of nolo contendere;

(3)    Disposition of probation before judgment; or

(4)    Disposition of not criminally responsible.

(e)    “Criminal history records check” means a check of criminal history record information, as defined in § 10-201 of the Criminal Procedure Article, by the Department of Public Safety and Correctional Services.

(f)    “Department” means the Department of Public Safety and Correctional Services.

(g)    “Disclosure statement” means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition.

(h)    (1)    “Eligible employee” means an individual:

(i)    Who, for compensation, works for an adult dependent care program;

(ii)    Who has routine, direct access to dependent adults in the program; and

(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.

(i)    “Printed statement” means a 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 history records check.

(j)    “Private 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.

(k)    “Secretary” means the Secretary of Public Safety and Correctional Services.