Current through Register Vol. 48, No. 12, March 22, 2024
a)
A resident shall be permitted to
conduct authorized electronic monitoring of the resident's room through the use
of electronic monitoring devices placed in the room pursuant to the
Act and this Part. (Section 10(a) of the
Act)
b)
A facility that
houses dementia residents may allow electronic monitoring devices only in rooms
that are located in a building that is entirely dedicated to dementia care; or
that are located in a building wing that is solely dedicated to dementia
care. (Section 10(c) of the Act)
c)
Authorized electronic monitoring
may begin only after a notification and consent form prescribed by the
Department has been completed and submitted to the facility. (Section
20(a) of the Act)
d)
The
completed notification and consent form must include, at minimum, the following
information:
1)
The
resident's signed consent to electronic monitoring or the signature of the
person consenting on behalf of the resident in accordance with Section 15
of the Act and Section 389.115
. If a person other than the
resident signs the consent form, the form must document the following:
A)
The date the resident was asked if
he or she wants authorized electronic monitoring to be conducted in accordance
with the Act and this Part;
B)
Who was present when the resident
was asked; and
C)
An acknowledgement that the resident did not affirmatively
object.
2)
The resident's roommate's signed consent or the signature of the person
consenting on behalf of the resident's roommate in accordance with Section 15
of the Act and Section 389.120,
if applicable, and any
conditions placed on the roommate's consent. If a person other than the
resident's roommate signs the consent form, the form must document the
following:A)
The date the
roommate was asked if he or she wants authorized electronic monitoring to be
conducted in accordance with the Act and this
Part;
B)
Who was present when the roommate was asked; and
C)
An acknowledgement that the
roommate did not affirmatively object.
3)
The type of electronic monitoring
device to be used;
4)
Any installation needs, such as mounting of a device to a wall or
ceiling;
5)
The
proposed date of installation for scheduling purposes;
6)
A copy of any contract for
maintenance of the electronic monitoring device by a commercial
entity;
7)
A list
of standard conditions or restrictions that the resident or a roommate may
elect to place on use of the electronic monitoring device, including, but not
limited to:A)
Prohibiting
audio recording;
B)
Prohibiting broadcasting of audio or video;
C)
Turning off the electronic
monitoring device or blocking the visual recording component of the electronic
monitoring device for the duration of an exam or procedure by a health care
professional;
D)
Turning off the electronic monitoring device or blocking the visual
recording component of the electronic monitoring device while dressing or
bathing is performed; and
E)
Turning the electronic monitoring
device off for the duration of a visit with a spiritual advisor, ombudsman,
attorney, financial planner, intimate partner, or other
visitor.
8)
Any other condition or restriction elected by the resident or roommate
on the use of an electronic monitoring device. (Section 20(b) of the
Act)
e)
A copy of
the completed notification and consent form shall be placed in the resident's
and any roommate's clinical record and a copy shall be provided to the resident
and his or her roommate, if applicable. (Section 20(c) of the
Act)
f)
Nothing in the
Act and this Part shall be construed to allow the use of an
electronic monitoring device to take still photographs or for the nonconsensual
interception of private communications. (Section 10(b) of the
Act)