Section 35-2-1301 – Short Title.
35-2-1301. Short title. This act may be cited as the “Long-term Care Electronic Monitoring Act.”
Section 35-2-1302 – Definitions.
35-2-1302. Definitions. (a) As used in this act: (i) “Capacity to consent” means an individual’s ability to: (A) Understand and appreciate the significant benefits, risks and alternatives to proposed health care; (B) Understand and appreciate the nature and consequences of making decisions concerning one’s person; and (C) Make and communicate a health care decision. (ii) […]
Section 35-2-1303 – Authorized Electronic Monitoring; Applicability.
35-2-1303. Authorized electronic monitoring; applicability. (a) No facility or resident of a facility shall engage in electronic monitoring or use electronic monitoring devices except as provided in this act. (b) Notwithstanding W.S. 7-3-702, nothing in this act shall be construed to authorize or permit the use of an electronic monitoring device for the nonconsensual interception […]
Section 35-2-1304 – Authorized Electronic Monitoring; Notice.
35-2-1304. Authorized electronic monitoring; notice. (a) Every facility where electronic monitoring devices are in use shall post and maintain a notice or signage in a conspicuous location at or near the facility’s main entrances stating that electronic monitoring devices may be in use in or throughout the facility. (b) A facility shall post and maintain […]
Section 35-2-1305 – Capacity; Request; Consent; Records.
35-2-1305. Capacity; request; consent; records. (a) A resident with capacity to consent may request and consent to electronic monitoring pursuant to the provisions of this act. For a resident who lacks capacity to consent, the resident’s representative may request and consent to electronic monitoring, provided the use of electronic monitoring does not contravene any prior […]
Section 35-2-1306 – Facility Rules; Installation of Electronic Monitoring Devices; Accommodation by Facility.
35-2-1306. Facility rules; installation of electronic monitoring devices; accommodation by facility. (a) A facility shall not refuse to admit, remove or retaliate against a resident who requests to use, uses or declines to consent to use electronic monitoring in his room pursuant to this act. (b) A facility may develop policies governing the placement and […]
Section 35-2-1307 – Admissibility of Electronic Monitoring; Liability; Reporting.
35-2-1307. Admissibility of electronic monitoring; liability; reporting. (a) No court or state agency shall admit into evidence or consider during any proceeding any recording created using an electronic monitoring device in a facility unless the recording is otherwise admissible under the Wyoming Rules of Evidence. (b) Upon request, a facility shall receive a copy of […]
Section 35-2-1308 – Electronic Monitoring Devices; Rulemaking; Compliance With Rules.
35-2-1308. Electronic monitoring devices; rulemaking; compliance with rules. (a) The department shall promulgate rules necessary to implement this act including rules for receiving and resolving grievances received from residents. (b) Any resident or facility using an electronic monitoring device before, on or after October 1, 2020 shall comply with this act.