appropriation; Arizona trail fund

SB1041 - 572R - H Ver

House Engrossed
Senate Bill

appropriation;
Arizona trail fund

(now: health care
facilities; electronic monitoring)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1041

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. 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