Effective – 28 Aug 2020 198.610. Citation of law — definitions. — 1. The provisions of sections 198.610 to 198.632 shall be known and may be cited as the “Authorized Electronic Monitoring in Long-Term Care Facilities Act”. 2. For purposes of sections 198.610 to 198.632, the following terms shall mean: (1) “Authorized electronic monitoring”, the […]
Effective – 28 Aug 2020 198.612. Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority. — 1. Residents of long-term care facilities in this state shall have the right to place in the resident’s room an authorized electronic monitoring device that is owned and operated by […]
Effective – 28 Aug 2020 198.614. Unauthorized placement of electronic monitoring device — immunity from liability, when. — 1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if: (1) The placement and use of the device […]
Effective – 28 Aug 2020 198.616. Acknowledgment form, contents. — Each facility shall use an electronic monitoring device acknowledgment form developed by the department and adopted by regulation. The form shall be offered to any resident or resident’s guardian or legal representative upon request. The form shall be completed and signed by or on behalf […]
Effective – 28 Aug 2020 198.618. Resident sole authority to request monitoring — exception for lack of capacity, requirements. — 1. If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under sections 198.610 to 198.632, notwithstanding […]
Effective – 28 Aug 2020 198.620. Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when. — 1. A resident or the guardian or legal representative of a resident who wishes to conduct authorized electronic monitoring shall make the request to the facility on an electronic monitoring request form […]
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 […]
Effective – 28 Aug 2020 198.624. Abuse or neglect of resident, use of footage, reporting requirements. — 1. If a resident who has capacity to determine that he or she has been abused or neglected and who is conducting electronic monitoring under sections 198.610 to 198.632 gives footage made by the electronic monitoring device to […]
Effective – 28 Aug 2020 198.626. Admissibility of footage in court or administrative proceeding, when. — 1. Subject to applicable rules of evidence and procedure and the requirements of this section, footage created through the use of unauthorized or authorized electronic monitoring described by sections 198.610 to 198.632 may be admitted into evidence in a […]
Effective – 28 Aug 2020 198.628. Notice of electronic monitoring to be posted. — Each facility shall post a notice at the entrance to the facility stating that the rooms of some residents may be monitored electronically by, or on behalf of, the residents and that the monitoring is not necessarily open and obvious. The […]
Effective – 28 Aug 2020 198.630. Sanctions, when — administrative penalty, when. — 1. The department may impose appropriate sanctions under this chapter on an administrator of a facility who knowingly: (1) Refuses to permit a resident or the resident’s guardian or legal representative to conduct authorized electronic monitoring; (2) Refuses to admit an individual […]
Effective – 28 Aug 2020 198.632. Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. — 1. A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident’s room in accordance with sections 198.610 to 198.632 or who destroys or corrupts any data collected […]
