Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 97 - Nursing Facilities
Subchapter C - Resident Rights
Section I-9781 - Virtual Visitation
Universal Citation: LA Admin Code I-9781
Current through Register Vol. 50, No. 9, September 20, 2024
A. Each nursing facility licensed by the Department of Health shall comply with the provisions of the Nursing Home Virtual Visitation Act of 2018 enacted by the Louisiana Legislature, and any such amendments enacted thereafter.
B. The term monitoring device, as used in this Section, shall have the same meaning as defined in the Nursing Home Virtual Visitation Act of 2018.
C. Capacity to Consent to Virtual Visitation
1. A residents capacity to consent to the
authorization for installation and use of a monitoring device is presumed if
the resident has not been interdicted and has no current documented medical
diagnosis affecting capacity.
2.
Any question as to capacity of a non-interdicted resident to consent to the
authorization for installation and use of a monitoring device shall be
determined by any one of the following persons in the following order of
priority, if there is no person in a prior class who is reasonably available
and willing to make such determination:
a.
the residents personal physician;
b. the residents admitting physician;
or
c. the medical director of the
nursing facility.
NOTE: Such determination shall be documented in the residents medical record.
3. The nursing facility shall have a policy
regarding capacity to consent to the authorization for installation and use of
a monitoring device in a residents room; such policy shall include, at a
minimum, the provisions of
§9781.C.1 and
§9781.C 2; further, the
policy shall be in compliance with the provisions of the Nursing Home
Visitation Act of 2018 enacted by the Louisiana Legislature, and any such
amendments enacted thereafter.
AUTHORITY NOTE: Promulgated in accordance with R.S.36:254 and 40:1193.1-1193.11.
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