Official Summary Text
HB2914 - 572R - House Bill Summary
ARIZONA HOUSE OF REPRESENTATIVES
57th
Legislature, 2nd Regular Session
Majority Research Staff
House:
HHS DPA 7-3-1-1
HB
2914
: electronic monitoring; health care facilities
Sponsor:
Representative Nguyen, LD 1
House
Engrossed
Overview
Establishes
a resident or the resident's authorized representative's (representative) right
to conduct electronic monitoring. Outlines notice requirements for conducting
electronic monitoring.� Establishes roommate consent requirements, facility and
signage requirements, responsibilities for installing and maintaining
electronic monitoring devices and authority to access recorded images obtained
through electronic monitoring.
History
Assisted living facilities
are residential care
institutions, including an adult foster care home, that provides or contracts
to provide supervisory care services, personal care services or directed care
services on a continuous basis.
Nursing care institutions
are health
care institutions that provide inpatient beds or resident beds and nursing
services to persons who need continuous nursing services but who do not require
hospital care or direct daily care from a physician (A.R.S. �
36-401
).
Under current law, the Department of Health Services (DHS) is
responsible for the licensure and regulation of
Arizona health care
institutions
. These institutions are defined as every place, institution,
building or agency, whether organized for profit or not, that provides
facilities with medical, nursing, behavioral health, health screening,
supervisory care, personal care, directed care or any other health-related
services, including home health agencies, outdoor behavioral health care
programs and hospice service agencies (A.R.S. �
36-401
).
Provisions
Right
to Electronic Monitoring
1.
Declares
that a resident or resident's representative has the right to conduct
electronic monitoring of the resident's room through the use of electronic
monitoring devices placed, fixed or otherwise installed in the resident's room.
(Sec. 1)
Notice of Intent to Conduct
Electronic Monitoring
2.
Requires a
resident in a nursing care institution or assisted living facility or the
resident's representative to notify the facility of the planned installation
and use of an electronic monitoring device in the living quarters of the
resident by submitting to the facility a written and completed notice and
consent form prescribed by DHS. (Sec. 1)
3.
States the
notice and consent form serves to:
a.
inform the
facility that the resident or resident's representative intends to conduct
electronic monitoring and consents to the monitoring; and
b.
describe how
the resident or resident's representative intends to conduct the monitoring.
(Sec. 1)
4.
Requires the
notice and consent form to be provided to the facility before the resident or
resident's representative installs an electronic monitoring device and begins
electronic monitoring. (Sec. 1)
5.
Allows a
resident's representative to consent on behalf of the resident if both of the
following apply:
a.
the
resident's representative has fully explained the proposed electronic
monitoring to the resident, including the resident's right to object to the
electronic monitoring; and
b.
the resident
has not affirmatively objected to the proposed form, format and scope of
electronic monitoring. (Sec. 1)
6.
Allows a
resident's representative to consent on behalf of a resident who does not have
the ability to consent to the electronic monitoring if all of the following
apply:
a.
the
resident's representative has the authority to consent;
b.
the
resident's representative has fully explained the proposed electronic
monitoring to the resident, including their right to object to the electronic
monitoring;
c.
the resident
has not affirmatively objected to the proposed form, format and scope of
electronic monitoring; and
d.
the resident
does not have an executed living will, medical power of attorney, prehospital
medical directive or other legal document in which the resident specified the
resident's objection to electronic monitoring. (Sec. 1)
7.
Allows a
resident or the resident's representative to consent to electronic monitoring
with any limiting, qualifying terms or conditions that the resident or
resident's representative chooses regarding the manner in which the electronic
monitoring is conducted. (Sec. 1)
8.
Requires the
limiting, qualifying terms or conditions to be specified in the DHS notice and
consent form. (Sec. 1)
9.
Requires the
notice and consent form to include adequate space on the form for the resident
or resident's representative to outline choices regarding:
a.
the
resident's or resident's representative's intent to conduct electronic
monitoring and the intended start date;
b.
the type,
function and intended purpose of the electronic monitoring device to be used;
c.
any
installation specifications, such as the planned mounting of a device to a wall
or ceiling;
d.
whether the
resident's or resident's representative's planned electronic monitoring
requires roommate consent;
e.
a
description of who may be able to hear or view the recordings in real time or
on demand;
f.
a
description of who may be able to temporarily disable, obscure or otherwise
comply with the described terms and conditions;
g.
a statement
of how the recordings maybe used and with whom the recording may be shared;
h.
the
resident's signed consent to electronic monitoring or the signature of the
resident's representative, if applicable;
i.
the signed
consent of the resident's roommate, roommates or their authorized
representatives, if applicable; and
j.
a signature
and date box for documenting the resident's, resident's representative,
roommate's or roommate's representative's signature and consent. (Sec. 1)
10.
Requires the
notice and consent form to include the resident's or resident's
representative's chosen terms and conditions for the use of the electronic
monitoring device, including:
a.
whether to
include or exclude audio or video recording;
b.
whether to
include or exclude broadcasting of audio or video;
c.
when to turn
the electronic monitoring device on or off, block or unblock the video
recording component of the electronic monitoring device for the duration of an
examination or procedure by a health care professional, including how the
electronic monitoring device will be turned on or off and turned back on or off
and by whom;
d.
when to turn
the electronic monitoring device on or off, block or unblock the video
recording component of the electronic monitoring device while dressing or
bathing is performed, including how the electronic monitoring device will be
turned on or off and turned back on or off and by whom;
e.
when to turn
the electronic monitoring device on or off for the duration of a visit with a
spiritual adviser, ombudsman, attorney, financial planner, intimate partner or
other visitor, including how the electronic monitoring device will be turned on
or off, turned back on or off and by whom; and
f.
any other
condition or restriction elected by the resident or resident representative's
regarding the use of an electronic monitoring device. (Sec. 1)
11.
Requires a
roommate's representative, if the representative signed the form, to:
a.
indicate the
source of authority allowing the person's signature; and
b.
attest on
the form that the roommate was asked if the roommate agrees to the electronic
monitoring to be conducted as proposed by the resident and the roommate did not
affirmatively object. (Sec. 1)
12.
Specifies
that if a person other than the resident signs the consent form, the person
must:
a.
indicate the
source of authority allowing the person's signature; and
b.
attest on
the form that the resident was asked if they wanted electronic monitoring to be
conducted and did not affirmatively object. (Sec. 1)
13.
Directs DHS
to issue the required notice and consent form no later than 60 days after the
effective date of this legislation. (Sec. 1)
14.
Allows a
resident, if DHS has not issued the form, to use a form that substantially
complies with notice and consent form requirements until the DHS-prescribed
form is available. (Sec. 1)
15.
Clarifies
that this does not invalidate a notification and consent form that was used
before DHS circulates a prescribed form solely due to the form not being the
form made by DHS. (Sec. 1)
Roommate Consent Requirements
16.
Requires a
resident or resident's representative, before implementing electronic
monitoring, to obtain the written consent on the notice and consent form or any
other resident residing in the shared room or shared private living unit. (Sec.
1)
17.
Directs the
resident or resident's representative to describe the form, format and scope of
electronic monitoring to which the roommate or roommate's representative
agrees, including the specifications prescribed in the DHS notice and consent
form. (Sec. 1)
18.
Asserts that
the consent of a roommate or roommate's representative authorizes the
resident's use of any obtained electronic monitoring. (Sec. 1)
19.
Clarifies
that this does not prevent two roommates from jointly notifying the facility of
their joint plan to use electronic monitoring. (Sec. 1)
20.
Instructs
any resident who is conducting electronic monitoring that requires roommate
consent and who has a new roommate to immediately remove or disable an
electronic monitoring device when the new roommate moves into a shared room or
shared private living unit, unless or until the resident obtains the written
consent of the roommate or roommate's representatives. (Sec. 1)
21.
Allows a
resident to resume electronic monitoring on obtaining the new roommate's signed
notice and consent form and submitting the form to the facility. (Sec. 1)
22.
Requires a
facility to make a reasonable attempt to accommodate a resident who wants to
conduct electronic monitoring if:
a.
the resident
resides in a shared room or shared living unit and has a roommate who refuses
to consent to the use of the electronic monitoring device; and
b.
the parties
cannot agree to a modification of the resident's desired electronic monitoring.
(Sec. 1)
23.
States that
a facility meets the requirement to reasonably attempt to accommodate a
resident or a resident's authorized representative who wants to conduct
electronic monitoring if the facility offers to move the resident at the
resident's expense to another shared room or shared living unit that is
available at the time of the request. (Sec. 1)
24.
Requires a
resident to pay the facility's private room rate if a resident chooses to
reside in a private room or private living unit in a facility to accommodate
the use of an electronic monitoring device. (Sec. 1)
25.
Allows a
roommate or the roommate's representative to withdraw consent to electronic
monitoring at any time. (Sec. 1)
26.
Specifies
that the facility is not required to provide a private room, a single-bed room
or a private living unit to a resident who is unable or unwilling to pay. (Sec.
1)
27.
Requires the
withdrawal of consent to be documented on the original notice and consent form.
(Sec. 1)
28.
Requires the
resident or resident's representative to immediately remove or disable the
electronic monitoring device when consent is withdrawn by a roommate or the
roommate's representative and the facility to make a reasonable attempt to
accommodate the resident or resident's representative who wants to continue to
conduct electronic monitoring.���� (Sec. 1)
Facility Requirements
29.
Requires a
facility where electronic monitoring is occurring to post a sign at each
facility entrance that states in English and Spanish: "
Electronic
monitoring devices, including security cameras and audio services, may be
present to record persons and activities
."���� (Sec. 1)
30.
Requires the
sign to be in large, clearly legible type and font. (Sec. 1)
31.
Directs the
facility to bear the costs associated with installing and maintaining the
required sign. (Sec. 1)
32.
Allows a
resident who conducts authorized electronic monitoring or the resident's
representative to post and maintain a notice at the entrance to the resident's
room stating that the room is being monitored by an electronic monitoring
device. (Sec. 1)
Responsibility for Installing
and Maintaining Electronic Monitoring Devices
33.
Requires a resident or
resident's representative who chooses to conduct electronic monitoring to do so
at the resident's own expense, including the purchase, installation, internet
service, maintenance and removal costs. (Sec. 1)
34.
Specifies
that the resident or resident's representative is solely responsible for:
a.
choosing the
electronic monitoring device, subject to the prescribed limits;
b.
paying the
cost of the electronic monitoring device and the cost of installing,
maintaining and removing the electronic monitoring device, if applicable, other
than the cost of electricity used to power the electronic monitoring device;
and
c.
paying the
cost of the internet service for an electronic monitoring device, if applicable.
(Sec. 1)
35.
Requires the
resident or resident's representative, after removing the electronic monitoring
device, to restore the facility's property to its condition before the
electronic monitoring was installed. (Sec. 1)
36.
Specifies
that a facility is not required to provide internet service or network access
to any electronic monitoring device installed by a resident or the resident's
representative. (Sec. 1)
37.
Deems any
internet service for an electronic monitoring device the sole responsibility of
the resident or the resident's representative. (Sec. 1)
38.
Allows a
facility to choose to provide internet service or network access and charge a
resident or the resident's representative for the internet service or network
access that is used for an electronic monitoring device installed by the
resident or authorized representative. (Sec. 1)
39.
Prohibits
the cost of the internet service or network access charged to the resident or
authorized representative from exceeding the actual cost of the internet
service or network access incurred by the facility. (Sec. 1)
40.
Prohibits a
facility from preventing a resident or resident's representative from
purchasing, maintaining and paying for separate internet service or network
access that is independent from the facility's internet service or network.
(Sec. 1)
41.
Requires an
electronic monitoring device chosen by a resident or resident's representative
to be capable of being temporarily disabled or turned on and off by the
resident or resident's representative consistent with the resident's choices
relating to activation and deactivation as outlined in the notice and consent
form. (Sec. 1)
42.
Requires an
electronic monitoring device that transmits video or other visual displays to
the greatest extent practicable, to be installed:
a.
with a fixed
viewpoint of the living quarters;
b.
in a manner
that avoids capturing images of activities such as bathing, dressing and
toileting; and
c.
in a
conspicuously visible location in the room. (Sec. 1)
43.
Requires a
facility to make a reasonable attempt to accommodate the resident's electronic monitoring
installation needs, unless doing so would place an undue burden on the
facility. (Sec. 1)
44.
Designates a
facility with the burden of providing that the requested accommodation is not
reasonable, which includes:
a.
providing a
reasonably secure place to mount the device;
b.
providing
access to power sources for the device; and
c.
allowing
access to the facility's public-use internet or WI-FI systems when available
for other public uses. (Sec. 1)
45.
Prohibits a
person other than the resident,
the resident's representative or an individual expressly authorized by the
resident or resident's representative from:
a.
obstructing,
tampering with or destroying the electronic monitoring device or any recording
made by the electronic monitoring device; and
b.
viewing or
listening to any image or sound that is displayed, broadcast or recorded by the
electronic monitoring device. (Sec. 1)
46.
Prohibits a
person from knowingly touching, hampering, obstructing, tampering with or
destroying an electronic monitoring device placed in a resident's room or
private living unit without the permission of the resident or resident's
representative. (Sec. 1)
47.
Specifies
that it is not a violation if a person turns off the electronic monitoring
device or blocks the visual recording component of the device at the direction
of the resident or resident's representative, consistent with the resident's
notice and consent form. (Sec. 1)
48.
Prohibits a
facility from interfering with the right of a resident to use an electronic
monitoring device and requiring a resident to submit a request for approval. (Sec.
1)
Authority to Access Recorded
Images
49.
Declares any
recording obtained as the result of authorized electronic monitoring is
considered the personal property of the resident who installed the electronic
monitoring device. (Sec. 1)
50.
Prohibits a
person, facility or facility representative from accessing any video or audio
recording created through authorized electronic monitoring without the written
consent of the resident or resident's representative. (Sec. 1)
51.
Allows the
following persons to view or listen to the images or sounds that are displayed,
broadcast or recorded by an electronic monitoring device installed, used or
temporarily disabled or turned off:
a.
anyone to
whom the resident or authorized representative grants permission;
b.
a
representative of a law enforcement agency who is conducting an investigation;
c.
a
representative of DHS or the Department of Economic Security, Division of Adult
Protective Services, who is conducting an investigation;
d.
the state
long-term care ombudsman, with the permission of the resident or resident's
representative; and
e.
an attorney
who is representing the resident or a roommate of the resident and who acts
within the scope of that representation. (Sec. 1)
52.
Permits an
employee
of the
facility or an employee of a contractor providing services at the facility who
is the subject of proposed disciplinary action based on images, video or sound
obtained by the resident's electronic monitoring to be given access to that
material for purposes of defending against the proposed action, consistent with
the rules of evidence and procedure in that jurisdiction, if applicable. (Sec.
1)
53.
Requires any
person,
whether an
employee of the facility or an employee of a contractor agency, who views,
hears, obtains or receives a recording or a copy of the recording of any
material obtained through electronic monitoring to treat the material recording
or copy confidentially and may not further disseminate it to any other person
except as required by law. (Sec. 1)
54.
Requires any
copy of the recording to be returned to the facility or the resident who
provided the copy when it is no longer needed for the purposes of defending
against a proposed action. (Sec. 1)
55.
Allows a
recording or copy of a recording made to be disseminated only by the resident,
the resident's representative or by any recipient of the recording for the
purpose of addressing health, safety or welfare concerns of one or more
residents, except as prohibited by any other state or federal law. (Sec. 1)
56.
Prohibits a
resident or authorized representative from posting or sharing any video or
audio recording created through authorized electronic monitoring on a social
media platform or website without the consent of each individual who is
depicted in the video or audio recording. (Sec. 1)
57.
Requires the
resident or resident's representative to provide a copy of any video or audio
recording to any authorized party involved in a civil, criminal or
administrative proceeding on reasonable request by a party of any proceeding
related to or arising out of health, safety or welfare concerns of one or more
residents that is required, discovered or captured in the video or audio made
during the time period that the conduct at issue in the proceeding allegedly
occurred. (Sec. 1)
58.
Allows any
video or audio recording created through electronic monitoring to be admitted
into evidence in a civil, criminal or administrative proceeding, subject to
applicable rules of evidence and procedure. (Sec. 1)
Protections
59.
Prohibits a
facility from removing a current resident or refusing to admit a potential
resident or otherwise discriminate or retaliate against a resident or potential
resident because of the resident's or potential resident's decision to conduct
electronic monitoring of the resident's room. (Sec. 1)
60.
Prohibits a
facility from retaliating or discriminating against any resident for consenting
or refusing to consent to electronic monitoring. (Sec. 1)
61.
Prohibits a
facility from influencing or attempting to influence any roommate to object or
withdraw consent for the purpose of obfuscating a resident's choice to have
electronic monitoring or move or attempt to move into a resident's room a new
roommate who the facility knows will or is likely to object to monitoring for
the purpose of obfuscating the resident's choice to have electronic monitoring.
(Sec. 1)
62.
Declares
that a contract that prohibits, limits or otherwise modifies the rights and
obligations of the use of electronic monitoring is contrary to public policy
and is void and unenforceable. (Sec. 1)
63.
Prohibits a
facility from being held liable for any breach of privacy or data security
related to any electronic monitoring device installed by a resident or
resident's representative. (Sec. 1)
64.
Specifies
that a facility is not responsible for maintaining, repairing or replacing any
electronic monitoring device installed by a resident or the resident's
representatives unless the damage is caused by facility staff. (Sec. 1)
65.
Specifies
that a facility may not be held responsible for any electronic monitoring
device that does not work during a power outage. (Sec. 1)
66.
Requires
each facility to have a policy or procedure to notify employees that electronic
monitoring may be taking place in a resident's private living space. (Sec. 1)
67.
Requires
each facility to have a policy or procedure regarding employees who refuse to
enter the living quarters of a resident that contains an installed electronic
monitoring device. (Sec. 1)
Miscellaneous
68.
Permits DHS
to assess a civil penalty against a facility that violates the electronic
monitoring devices regulations. (Sec. 1)
69.
Requires DHS
to adopt any rules necessary to implement the electronic monitoring
requirements. (Sec. 1)
70.
Defines
terms. (Sec. 1)
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HB2914 - 572R - H Ver
House Engrossed
electronic
monitoring; health care facilities
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2914
AN
ACT
Amending title 36, chapter 4, Arizona
Revised Statutes, by adding article 7.1; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
36, chapter 4, Arizona Revised Statutes, is amended by adding article 7.1, to
read:
ARTICLE
7.1. ELECTRONIC MONITORING
START_STATUTE
36-447.51.
Definitions
In this article, unless the context otherwise
requires:
1. "Authorized
representative" means a resident representative as defined in 42 Code of
Federal Regulations section 483.5 who has been expressly granted authority by
the resident or a court of law to make decisions about the resident's care,
health and safety on the resident's behalf.
2. "Electronic monitoring":
(
a
) means the
use of an electronic monitoring device in the room of a resident of a nursing
care institution or assisted living facility to record or transmit sounds or
activity to or for the resident, the resident's authorized representative or an
authorized third party.
(
b
) includes
the tapes or recordings from the electronic monitoring device.
3. "Electronic monitoring
device" means any device or technology
that has a placed, fixed or otherwise installed location, that
captures, records or broadcasts audio or video, or both, and that is used for
electronic monitoring.
4. "Facility" means the
nursing care institution or assisted living facility in which the resident is
living.
5. "Resident" means a
person who resides in a
nursing care institution or
assisted living facility.
END_STATUTE
START_STATUTE
36-447.52.
Right to electronic monitoring
A resident or the resident's authorized
representative has the right to conduct electronic monitoring of the resident's
room through the use of electronic monitoring devices placed, fixed or
otherwise installed in the resident's room as provided in this article.
END_STATUTE
START_STATUTE
36-447.53.
Notice; intent to conduct electronic monitoring
A. A resident in a nursing care
institution or assisted living facility or the resident's authorized
representative shall notify the facility of the planned installation and use of
an electronic monitoring device in the living quarters of the resident by
submitting to the facility a written and completed notice and consent form as
prescribed by the department pursuant to section 36-447.54. The
notice and consent form serves to inform the facility that the resident or
resident's authorized representative intends to conduct electronic monitoring
and consents to the monitoring and describes how the resident or the resident's
authorized representative intends to conduct the monitoring. The
notice and consent form must be provided to the facility before the resident or
resident's authorized representative installs an electronic monitoring device
and begins electronic monitoring.
B. For a resident who has the ability
to consent but whose authorized representative has the authority to consent to
the electronic monitoring, the resident's authorized representative may consent
on behalf of the resident if both of the following apply:
1. The resident's authorized
representative has fully explained the proposed electronic monitoring to the
resident, including the resident's right to object to the electronic
monitoring.
2. The resident has not affirmatively
objected to the proposed form, format and scope of electronic monitoring.
C. For a resident who does not have
the ability to consent to the electronic monitoring, the resident's authorized
representative may consent on behalf of the resident if all of the following
apply:
1. The resident's authorized
representative has the authority to consent.
2. The resident's authorized
representative has fully explained the proposed electronic monitoring to the
resident, including the resident's right to object to the electronic
monitoring.
3. The resident has not affirmatively
objected to the proposed form, format and scope of electronic monitoring.
4. The resident does not have an
executed living will, medical power of attorney, prehospital medical directive
or other legal document in which the resident specified the resident's
objection to electronic monitoring.
d. A resident or the resident's
authorized representative may consent to electronic monitoring with any
limiting or qualifying terms or conditions that the resident or resident's
authorized representative chooses regarding the manner in which the electronic
monitoring is conducted. The limiting or qualifying terms or
conditions shall be specified in the notice and consent form pursuant to
section 36-447.54.
END_STATUTE
START_STATUTE
36-447.54.
Notice and consent form
A. The department shall prescribe the
notice and consent form that must be completed by the resident or the
resident's authorized representative pursuant to this article and shall include
adequate space on the form for the resident or authorized representative to
outline choices regarding all of the following:
1. The resident's or authorized
representative's intent to conduct electronic monitoring and the intended start
date.
2. The type, function and intended
purpose of the electronic monitoring device to be used.
3. Any installation specifications,
such as the planned mounting of a device to a wall or ceiling.
4. The resident's or authorized
representative's chosen terms and conditions for the use of the electronic
monitoring device, including:
(
a
) whether to
include or exclude audio recording.
(
b
) whether to
include or exclude video recording.
(
c
) whether to
include or exclude broadcasting of audio or video.
(
d
) when to
Turn the electronic monitoring device on or off or block or unblock the video
recording component of the electronic monitoring device for the duration of an
examination or procedure by a health care professional, including how the
electronic monitoring device will be turned on or off and turned back on or off
and by whom.
(
e
) when to
Turn the electronic monitoring device on or off or block or unblock the video
recording component of the electronic monitoring device while dressing or
bathing is performed, including how the electronic monitoring device will be
turned on or off and turned back on or off and by whom.
(
f
) when to
turn the electronic monitoring device on or off for the duration of a visit
with a spiritual adviser, ombudsman, attorney, financial planner, intimate
partner or other visitor, including how the electronic monitoring device will
be turned on or off and turned back on or off and by whom.
(
g
) Any other
condition or restriction elected by the resident or authorized representative
regarding the use of an electronic monitoring device.
5. Whether the resident's or
authorized representative's planned electronic monitoring requires roommate
consent pursuant to section 36-447.55.
6. A description of who may be able
to hear or view the recordings in real time or on demand.
7. A description of who may be able
to temporarily disable, obscure or otherwise comply with the terms and
conditions described in paragraph 4 of this subsection.
8. A statement of how the recordings
may be used and with whom the recording may be shared.
9. The resident's signed consent to
electronic monitoring or the signature of the resident's authorized
representative, if applicable. If a person other than the resident signs the
consent form, that person shall indicate the source of authority allowing the
person's signature and shall attest on the form that the resident was asked if
the resident wants electronic monitoring to be conducted and the resident did
not affirmatively object.
10. If the electronic monitoring
requires roommate consent pursuant to section 36-447.55, the signed
consent of the resident's roommate or the roommate's authorized representative,
if applicable. If a roommate's authorized representative signs the
consent form, that person shall indicate the source of authority allowing the
person's signature and shall attest on the form that the roommate was asked if
the roommate agrees to the electronic monitoring to be conducted as proposed by
the resident and the roommate did not affirmatively object.
11. A signature and date box for
documenting the signature and consent of the resident, the resident's
authorized representative, the roommate or the roommate's authorized
representative.
B. The department shall issue the
required notice and consent form required in this article not later than sixty
days after the effective date of this section. If the department has
not issued the form by that date, a resident may use a form that substantially
complies with this article until the department-prescribed form is
available. This section does not invalidate a notice and consent
form that was used before the department circulates a department-prescribed
form solely due to the form not being the form prescribed by the department.
END_STATUTE
START_STATUTE
36-447.55.
Roommate consent requirement; refusal to consent; accommodations;
withdrawal of consent
A. Before implementing electronic
monitoring, a resident or resident's authorized representative shall obtain the
written consent on the notice and consent form of any other resident residing
in the shared room or shared private living unit. The resident or
resident's authorized representative shall describe the form, format and scope
of electronic monitoring to which the roommate or roommate's authorized
representative agrees, including the specifications prescribed in section
36-447.54.
b. the consent of A roommate or the
roommate's authorized representative under this section authorizes the
resident's use of any electronic monitoring obtained under this article.
c. This article does not prevent two
roommates from jointly notifying the facility of their joint plan to use
electronic monitoring.
d. Any resident who is conducting
electronic monitoring that requires roommate consent and who has a new roommate
shall Immediately remove or disable an electronic monitoring device when the
new roommate moves into a shared room or shared private living unit, unless or
until the resident obtains the written consent of the new roommate or the
roommate's authorized representative as required by this section. On
obtaining the new roommate's signed notice and consent form and submitting the
form to the facility, the resident may resume electronic monitoring
.
e. If a resident who is residing in a
shared room or shared living unit has a roommate who refuses to consent to the
use of the electronic monitoring device and the parties cannot agree to a
modification of the resident's desired electronic monitoring, the facility
shall make a reasonable attempt to accommodate the resident who wants to
conduct electronic monitoring. A facility meets the requirement to
reasonably attempt to accommodate a resident or a resident's authorized
representative who wants to conduct electronic monitoring pursuant to this
subsection if the facility offers to move the resident at the resident's
expense to another shared room or shared living unit that is available at the
time of the request. If a resident chooses to reside in a private
room or private living unit in a facility in order to accommodate the use of an
electronic monitoring device, the resident shall pay the facility's private
room rate. The facility is not required to provide a private room, a
single-bed room or a private living unit to a resident who is unable or
unwilling to pay.
f. a roommate or the roommate's
authorized representative may withdraw consent to electronic monitoring at any
time. The withdrawal of consent shall be documented on the original
notice and consent form. The resident or the resident's authorized
representative shall immediately remove or disable the electronic monitoring
device when consent is withdrawn by a roommate or the roommate's authorized
representative, and the facility shall make a reasonable attempt to accommodate
the resident or resident's authorized representative who wants to continue to
conduct electronic monitoring pursuant to this section.
END_STATUTE
START_STATUTE
36-447.56.
Facilities; signage; requirements
A. A facility where electronic
monitoring is occurring shall post a sign at each facility entrance that
states, in English and in Spanish: "Electronic monitoring devices,
including security cameras and audio devices, may be present to record persons
and activities." The sign shall be in large, clearly legible
type and font. The facility shall bear the costs associated with
installing and maintaining the sign required by this subsection.
B. A resident who conducts authorized
electronic monitoring or the resident's authorized representative may post and
maintain a notice at the entrance to the resident's room stating that the room
is being monitored by an electronic monitoring device.
END_STATUTE
START_STATUTE
36-447.57.
Electronic monitoring devices; responsibility for costs; internet
service; accommodations; interference or tampering prohibited
A. A resident or the resident's
authorized representative who chooses to conduct electronic monitoring shall do
so at the resident's own expense, including purchase, installation, internet
service, maintenance and removal costs. The resident or authorized
representative is solely responsible for:
1. Choosing the electronic monitoring
device, subject to the limits prescribed in this section.
2. paying The cost of the electronic
monitoring device and the cost of installing, maintaining and removing the
electronic monitoring device, if applicable, other than the cost of electricity
used to power the electronic monitoring device. After removing the
electronic monitoring device, the resident or the resident's authorized
representative shall restore the facility's property to its condition before
the electronic monitoring device was installed.
3. if applicable, Paying the cost of
internet service for an electronic monitoring device.
B. A facility is not required to
provide internet service or network access to any electronic monitoring device
installed by a resident or the resident's authorized representative. Any
internet service for an electronic monitoring device is the sole responsibility
of the resident or the resident's authorized representative.
C. A facility may choose to provide
internet service or network access and charge a resident or the resident's
authorized representative for the internet service or network access that is
used for an electronic monitoring device installed by the resident or
authorized representative. The cost of the internet service or network access
charged to the resident or authorized representative may not exceed the actual
cost of the internet service or network access incurred by the facility.
D. A facility may not prevent a
resident or the resident's authorized representative from purchasing,
maintaining and paying for separate internet service or network access that is
independent from the facility's internet service or network.
e. An electronic monitoring device
chosen by a resident or the resident's authorized representative must Be
capable of being temporarily disabled or turned on and off by the resident or
authorized representative consistent with the resident's choices relating to
activation and deactivation as outlined in the notice and consent
form. If the electronic monitoring device TRANSMITS video or other
visual displays, broadcasts or recordings, the electronic monitoring device, to
the greatest extent practicable, must be installed:
1. With a fixed viewpoint of the
living quarters.
2. In a manner that avoids capturing
images of activities such as bathing, dressing and toileting.
3. In a conspicuously visible
location in the room.
f. A facility shall make a reasonable
attempt to accommodate the resident's electronic monitoring installation needs,
unless doing so would place an undue burden on the facility. A
facility has the burden of proving that the requested accommodation is not
reasonable. Accommodations include:
1. Providing a reasonably secure
place to mount the device.
2. Providing access to power sources
for the device.
3. Allowing access to the facility's
public-use internet or wi-fi systems when available for other public
uses.
g. A person other than the resident,
the resident's authorized representative or an individual expressly authorized
by the resident or resident's authorized representative may not:
1. Obstruct, tamper with or destroy
the electronic monitoring device or any recording made by the electronic
monitoring device.
2. View or listen to any image or
sound that is displayed, broadcast or recorded by the electronic monitoring
device.
h. A person may not knowingly touch,
hamper, obstruct, tamper with or destroy an electronic monitoring device placed
in a resident's room or private living unit without the permission of the
resident or resident's authorized representative.
i. It is not a violation of this
section if a person turns off the electronic monitoring device or blocks the
visual recording component of the electronic monitoring device at the direction
of the resident or resident's authorized representative, consistent with the
resident's notice and consent form.
j. A facility may not interfere with
the right of a resident to use an electronic monitoring device and may not
require a resident to submit a request for approval.
END_STATUTE
START_STATUTE
36-447.58.
Authority to access recorded images or sounds; confidentiality;
admissibility as evidence
A. Any recording obtained as the
result of authorized electronic monitoring pursuant to this article is
considered the personal property of the resident who installed the electronic
monitoring device.
B. Except as otherwise described in
this section, a person, facility or facility representative may not access any
video or audio recording created through authorized electronic monitoring
without the written consent of the resident or the resident's authorized
representative. The following persons may view or listen to the
images or sounds that are displayed, broadcast or recorded by an electronic
monitoring device installed and used pursuant to this article or may
temporarily disable or turn off the device:
1. Anyone to whom the resident or
authorized representative grants permission.
2. A representative of a law
enforcement agency who is conducting an investigation.
3. A representative of the department
of health services or the department of economic security, division of adult
protective services, who is conducting an investigation.
4. The state long-term care
ombudsman, with the permission of the resident or authorized representative.
5. An attorney who is representing
the resident or a roommate of the resident and who acts within the scope of
that representation.
C. An employee of the facility or an
employee of a contractor providing services at the facility who is the subject
of proposed disciplinary action based on images, video or sound obtained by the
resident's electronic monitoring may be given access to that material for
purposes of defending against the proposed action, consistent with the rules of
evidence and procedure in that jurisdiction, if applicable. Any
person, including an employee of the facility or an employee of a contractor
agency, who views, hears, obtains or receives a recording or a copy of the
recording of any material obtained through electronic monitoring shall treat
the material recording or copy confidentially and may not further disseminate
it to any other person except as required by law. Any copy of the
recording shall be returned to the facility or the resident who provided the
copy when it is no longer needed for purposes of defending against a proposed
action.
D. Except as prohibited by any other
state or federal law, a recording or copy of a recording made as provided in
this article may be disseminated only by the resident or the resident's
authorized representative or by any recipient of the recording for the purpose
of addressing health, safety or welfare concerns of one or more residents.
A resident or the resident's authorized representative may not post or
share any video or audio recording created through authorized electronic
monitoring on a social media platform or website without the consent of each
individual who is depicted in the video or audio recording.
E. The resident or resident's
authorized representative shall provide a copy of any video or audio recording
to any authorized party involved in a civil, criminal or administrative
proceeding on reasonable request by a party of any proceeding related to or
arising out of health, safety or welfare concerns of one or more residents that
is recorded, discovered or captured in the electronic monitoring video or audio
made during the time period that the conduct at issue in the proceeding
allegedly occurred.
F. Subject to applicable rules of
evidence and procedure, any video or audio recording created through electronic
monitoring under this section may be admitted into evidence in a civil,
criminal or administrative proceeding.
END_STATUTE
START_STATUTE
36-447.59.
Facilities; resident protections; contracts
A. A facility may not:
1. Remove a current resident or
refuse to admit a potential resident or otherwise discriminate or retaliate
against a resident or potential resident because of the resident's or potential
resident's decision to conduct electronic monitoring of the resident's room.
2. Retaliate or discriminate against
any resident for consenting or refusing to consent to electronic monitoring.
3. Influence or attempt to influence
any roommate to object or withdraw consent for the purpose of obfuscating a
resident's choice to have electronic monitoring or move or attempt to move into
a resident's room a new roommate who the facility knows will or is likely to
object to monitoring for the purpose of obfuscating the resident's choice to
have electronic monitoring.
B. A contract that prohibits, limits
or otherwise modifies the rights and obligations under this article is contrary
to public policy and is void and unenforceable.
END_STATUTE
START_STATUTE
36-447.60.
Facilities; employees; protections; policies
A. A
facility may not be held liable for any breach of privacy or data security
related to any electronic monitoring device installed by a resident or the
resident's authorized representative.
B. A facility is not responsible for
maintaining, repairing or replacing any electronic monitoring device installed
by a resident or the resident's authorized representative unless the damage is
caused by facility staff.
C. A facility may not be held
responsible for any electronic monitoring device that does not work during a
power outage.
D. each facility shall have a policy
or procedure to notify employees that electronic monitoring may be taking place
in a resident's private living space. each facility shall have a
policy or procedure regarding employees who refuse to enter the living quarters
of a resident that contains an electronic monitoring device installed pursuant
to this article.
END_STATUTE
START_STATUTE
36-447.61.
Civil penalty
The department may assess a civil penalty
pursuant to section 36-431.01 against a facility that violates this
article.
END_STATUTE
START_STATUTE
36-447.62.
Rulemaking
The department shall adopt any rules necessary
to implement this article.
END_STATUTE