Elec. Monitoring in Nursing/Adult Care Homes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 591

Short Title: Elec. Monitoring in Nursing/Adult Care Homes. (Public)
Sponsors: Representatives Willis, Loftis, and Brody (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of
the House
April 1, 2025
*H591-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING THE G.U.A.R.D. (GUARANTE EING UNINTERRUPTED A CCESS 2
TO RESIDENT DIGNITY) ACT TO PERMIT RESIDENTS OF NURSING HOMES AND 3
ADULT CARE HOMES, AN D THEIR FAMILIES, TO MONITOR RESIDENTS 4
THROUGH THE USE OF ELECTRONIC MONITORING DEVICES AT THE EXPENSE 5
OF THE RESIDENTS; TO REQUIRE NURSING HOMES AND ADULT CARE HOMES 6
TO PROVIDE A POWER S OURCE AND MOUNTING S PACE FOR ELECTRONIC 7
MONITORING DEVICES; TO PROHIBIT NURSING HOMES AND ADULT CARE 8
HOMES FROM REFUSING TO ADMIT RESIDENTS B ECAUSE OF A REQUEST TO 9
INSTALL AN ELECTRONI C MONITORING DEVICE; TO ALLOW RECORDINGS 10
FROM RESIDENTS' ELECTRONIC MONITORING DEVICES TO BE ADMISSIBLE IN 11
CRIMINAL AND CIVIL A CTIONS, SUBJECT TO T HE RULES OF EVIDENCE ; AND 12
TO IMPOSE CRIMINAL P ENALTIES ON NURSING HOMES AN D ADULT CARE 13
HOMES FOR VIOLATIONS OF THE G.U.A.R.D. ACT. 14
The General Assembly of North Carolina enacts: 15
SECTION 1. This act shall be known as "The G.U.A.R.D. Act" or "The 16
Guaranteeing Uninterrupted Access to Resident Dignity Act." 17
SECTION 2. Part 1 of Article 6 of Chapter 131E of the General Statutes is amended 18
by adding a new section to read: 19
"§ 131E-112.10. Electronic monitoring of nursing home and combination home residents. 20
(a) The following definitions apply in this section: 21
(1) Electronic monitoring device. – Any technology capable of capturing and 22
storing audio or video data, or both, including a video surveillance camera, an 23
audio device, a mobile telephone, or an internet video surveillance device. 24
(2) Resident. – A person residing in a nursing home or combination home, or that 25
person's responsible party or legal representative. 26
(b) A nursing home or combination home shall permit a resident to monitor the resident's 27
room through the use of an electronic monitoring device. The nursing home or combination home 28
shall require a resident who exercises this option to post a notice in a conspicuous location on the 29
door of the resident's room stating that the room is being monitored by an electronic monitoring 30
device. 31
(c) All of the following apply to monitoring conducted by a resident under this section: 32
(1) Electronic monitoring is noncompulsory and at the election of the resident. 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 591-First Edition
(2) The resident is responsib le for all costs associated with the installation, 1
maintenance, and removal of the electronic monitoring device. 2
(3) To the greatest extent possible, the resident shall protect the privacy rights of 3
other residents and visitors of the nursing home or combination home. 4
(d) In complying with this section, all of the following apply to nursing homes and 5
combination homes: 6
(1) Shall not refuse to admit an individual as a resident of the nursing home or 7
combination home , nor discharge a resident from a nursing home or 8
combination home, due to a request to install an electronic monitoring device 9
in the resident's room. 10
(2) Shall make reasonable physical accommodation s for a resident's electronic 11
monitoring device by providing access to power sources, access to the internet 12
if readily available, and a reasonably secure place to mount the electronic 13
monitoring device. 14
(3) Shall inform a resident or prospective resident of the resident's right to install 15
or arrange for the installation of an electronic monitoring device. 16
(4) May require a resident who requests to install an electronic monitoring device 17
to make the request in writing. 18
(5) Shall not include in any contract between a resident and the nursing home or 19
combination home a provision that purports to waive or modify the resident's 20
rights under this section. 21
(e) A recording created through the use of a resident's electronic monitoring device in 22
either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 23
admissible, subject to Chapter 8C of the General Statutes. 24
(f) A person who operates a nursing home or combination home in violation of this 25
section is guilty of a Class A1 misdemeanor and upon conviction is subject to a fine not exceeding 26
two thousand dollars ($2,000) or imprisonment not exceeding one year, or both. 27
(g) A person who willfully and without the consent of a resident hampers, obstructs, 28
tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 29
misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 30
($2,000) or imprisonment not exceeding 90 days, or both." 31
SECTION 3. G.S. 131E-117 is amended by adding a new subdivision to read: 32
"(17) To install or have installed at the resident 's own expense an electronic 33
monitoring device in the resident's room pursuant to G.S. 131E-112.10 for the 34
purpose of ensuring the resident's health and safety." 35
SECTION 4. Article 1 of Chapter 131D of the General Statutes is amended by 36
adding a new section to read: 37
"§ 131D-7.10. Electronic monitoring of adult care home residents. 38
(a) The following definitions apply in this section: 39
(1) Electronic monitoring device. – Any technology capable of capturing and 40
storing audio or video data, or both, including a video surveillance camera, an 41
audio device, a mobile telephone, or an internet video surveillance device. 42
(2) Resident. – A person residing in an adult care home or the person's responsible 43
party or legal representative. 44
(b) An adult care home shall permit a resident to monitor the resident's room through the 45
use of an electronic monitoring device. The adult care home shall require a resident who exercises 46
this option to post a notice in a conspicuous location on the door of the resident 's room stating 47
that the room is being monitored by an electronic monitoring device. 48
(c) All of the following apply to monitoring conducted by a resident under this section: 49
(1) Electronic monitoring is noncompulsory and at the election of the resident. 50
General Assembly Of North Carolina Session 2025
House Bill 591-First Edition Page 3
(2) The resident is responsible for all costs associated w ith the installation, 1
maintenance, and removal of the electronic monitoring device. 2
(3) To the greatest extent possible, the resident shall protect the privacy rights of 3
other residents and visitors of the adult care home. 4
(d) In complying with this section, all of the following apply to adult care homes: 5
(1) Shall not refuse to admit an individual as a resident of an adult care home, nor 6
discharge a resident from a n adult care home, due to a request to install an 7
electronic monitoring device in the resident's room. 8
(2) Shall make reasonable physical accommodations for a resident 's electronic 9
monitoring device by providing access to power sources, access to the internet 10
if readily available, and a reasonably secure place to mount the electronic 11
monitoring device. 12
(3) Shall inform a resident or prospective resident of the resident's right to install 13
or arrange for the installation of an electronic monitoring device. 14
(4) May require a resident who requests to install an electronic monitoring device 15
to make the request in writing. 16
(5) Shall not include in any contract between a resident and the adult care home 17
a provision that purports to waive or modify the resident 's rights under this 18
section. 19
(e) A recording created through the use of a resident 's electronic monitoring device in 20
either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 21
admissible, subject to Chapter 8C of the General Statutes. 22
(f) A person who operates a n adult care home in violation of this section is g uilty of a 23
Class A1 misdemeanor and upon conviction is subject to a fine not exceeding two thousand 24
dollars ($2,000) or imprisonment not exceeding one year, or both. 25
(g) A person who willfully and without the consent of a resident hampers, obstructs, 26
tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 27
misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 28
($2,000) or imprisonment not exceeding 90 days, or both." 29
SECTION 5. G.S. 131D-21 is amended by adding a new subdivision to read: 30
"(18) To install or have installed at the resident 's own expense an electronic 31
monitoring device in the resident 's room pursuant to G.S. 131D-7.10 for the 32
purpose of ensuring the resident's health and safety." 33
SECTION 6. This act becomes effective October 1, 2025. 34