Section 198.622

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2020   

  198.622.  Facility to permit monitoring, requirements. — 1.  A facility shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of electronic monitoring devices.

  2.  The facility shall require a resident who conducts authorized electronic monitoring, or the resident's guardian or legal representative, to post and maintain a conspicuous notice at the entrance to the resident's room.  The notice shall state that the room is being monitored by an electronic monitoring device.

  3.  Authorized electronic monitoring conducted under sections 198.610 to 198.632 shall not be compulsory and shall be conducted only at the request of the resident or the resident's guardian or legal representative.

  4.  A facility shall not refuse to admit an individual to residency in the facility and shall not remove a resident from the facility because of a request to conduct authorized electronic monitoring.  A facility shall not remove a resident from the facility because unauthorized electronic monitoring is being conducted by or on behalf of a resident.

  5.  A facility shall make reasonable physical accommodation for authorized electronic monitoring, including:

  (1)  Providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and

  (2)  Providing access to power sources for the video surveillance camera or other electronic monitoring device.

  6.  The resident or the resident's guardian or legal representative shall pay for all costs associated with conducting electronic monitoring, except for the costs of electricity.  The resident or the resident's guardian or legal representative shall be responsible for:

  (1)  All costs associated with installation of equipment incurred by the resident or the facility; and

  (2)  Maintaining the equipment.

  7.  A facility shall require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.  The department shall adopt rules regarding the safe placement of an electronic monitoring device.

  8.  If authorized electronic monitoring is conducted, the facility shall require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view.

  9.  A facility shall not be required to provide internet service or network access to any electronic monitoring device.  Any internet service for an electronic monitoring device shall be the sole responsibility of the resident or the resident's guardian or legal representative.

  10.  A facility may move a resident to a comparable room to accommodate a request to conduct authorized electronic monitoring.

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(L. 2020 H.B. 1387 & 1482)