Section 198.620

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

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 prescribed by the department and provided to the resident by the facility.

  2.  The form shall require the resident or the resident's guardian or legal representative to:

  (1)  Release the facility from any civil liability for a violation of the resident's privacy rights in connection with the use of the electronic monitoring device;

  (2)  Choose whether the camera will always be unobstructed or whether the camera should be obstructed in specified circumstances to protect the dignity of the resident, if the electronic monitoring device is a video surveillance camera; and

  (3)  Obtain the consent of other residents residing in the room, using a form prescribed for such purpose by the department.

  3.  Consent under subdivision (3) of subsection 2 of this section shall be given only:

  (1)  By the other resident or residents in the room;

  (2)  By the guardian of a person described under subdivision (1) of this subsection, if the person has been judicially declared to lack the required capacity; or

  (3)  By the legal representative of a person described under subdivision (1) of this subsection, if the person does not have capacity to sign the form but has not been judicially declared to lack the required capacity.

  4.  The form prescribed by the department under subdivision (3) of subsection 2 of this section shall require any other resident in the room to consent to release the facility from any civil liability for a violation of the resident's privacy rights in connection with the use of the electronic monitoring device.

  5.  Another resident in the room may:

  (1)  If the proposed electronic monitoring device is a video surveillance camera, condition his or her consent on the camera being pointed away from the consenting resident; and

  (2)  Condition his or her consent on the use of an audio electronic monitoring device being limited or prohibited.

  6.  If authorized electronic monitoring is being conducted in the room of a resident and another resident is moved into the room who has not yet consented to the electronic monitoring, authorized electronic monitoring shall cease until the new resident has consented in accordance with this section.

  7.  The department shall include other information that the department considers to be appropriate on either of the forms that the department is required to prescribe under this section.

  8.  The department shall adopt rules prescribing the place or places that a form signed under this section shall be maintained and the period for which it shall be maintained.

  9.  Authorized electronic monitoring:

  (1)  Shall not commence nor an electronic monitoring device installed until all request and consent forms required by this section have been completed and returned to the facility;

  (2)  Shall be conducted in accordance with any limitation placed on the monitoring as a condition of the consent given by or on behalf of another resident in the room; and

  (3)  Shall be installed and conducted only in a fixed position.

  10.  The facility shall be granted access to all footage made by an electronic monitoring device at the facility's expense.

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