H.B. 136
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7 LONG TITLE
8 General Description:
9 This bill adds provisions to the Health Care Facility Licensing and Inspection Act
10 related to monitoring devices installed in assisted living facilities.
11 Highlighted Provisions:
12 This bill:
13 . allows a resident of an assisted living facility to install a video or audio monitoring
14 device in the resident's room under certain conditions;
15 . prohibits an assisted living facility from denying an individual admission to the
16 facility or discharging a resident from the facility solely because the individual or
17 resident wants to operate or install a monitoring device in the individual's or
18 resident's room; and
19 . provides that a facility, resident, or resident's legal guardian may not be held civilly
20 or criminally liable for operating or installing a monitoring device in accordance
21 with certain requirements.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:
28 26-21-301 , Utah Code Annotated 1953
29 26-21-302 , Utah Code Annotated 1953
30 26-21-303 , Utah Code Annotated 1953
31 26-21-304 , Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-21-301 is enacted to read:
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36 26-21-301. Definitions.
37 This part is known as the "Assisted Living Facility Surveillance Act."
38 Section 2. Section 26-21-302 is enacted to read:
39 26-21-302. Definitions.
40 As used in this part:
41 (1) "Facility" means an assisted living facility.
42 (2) "Guardian" means an individual who is legally authorized to make health care
43 decisions on behalf of another individual.
44 (3) (a) "Monitoring device" means:
45 (i) a video surveillance camera; or
46 (ii) a microphone or other device that captures audio.
47 (b) "Monitoring device" does not include:
48 (i) a device that is specifically intended to intercept wire, electronic, or oral
49 communications without notice to or the consent of a party to the communication; or
50 (ii) a device that is connected to the Internet or that is set up to transmit data via an
51 electronic communication.
52 (4) "Resident" means an individual who receives health care from a facility.
53 (5) "Room" means a resident's private or shared primary living space.
54 (6) "Roommate" means an individual sharing a room with a resident or the individual's
55 guardian.
56 Section 3. Section 26-21-303 is enacted to read:
57 26-21-303. Monitoring device -- Installation, notice, and consent.
58 (1) A resident or resident's guardian may operate or install a monitoring device in the
59 resident's room if the resident or guardian:
60 (a) notifies the resident's facility:
61 (i) that the resident or guardian intends to operate or install a monitoring device in the
62 resident's room;
63 (ii) of the specific location where the resident or guardian will operate or install the
64 monitoring device; and
65 (iii) of the technical specifications and capabilities of the monitoring device;
66 (b) obtains written consent from each of the resident's roommates that specifically
67 states the hours when each roommate consents to the resident or guardian operating the
68 monitoring device; and
69 (c) assumes all responsibility for any cost related to installing or operating the
70 monitoring device.
71 (2) Notwithstanding any provision of Title 76, Utah Criminal Code, or Title 77, Utah
72 Code of Criminal Procedure, a facility, resident, or resident's guardian is not civilly or
73 criminally liable for a privacy violation related to video or audio captured by a monitoring
74 device that the resident or guardian operates in accordance with this part.
75 (3) Notwithstanding any other provision of this part, an individual may not, under this
76 part, operate a monitoring device in a facility without a court order:
77 (a) in secret; or
78 (b) with an intent to intercept a wire, electronic, or oral communication without notice
79 to or the consent of a party to the communication.
80 Section 4. Section 26-21-304 is enacted to read:
81 26-21-304. Monitoring device -- Facility admission, patient discharge, and posted
82 notice.
83 (1) A facility may not deny an individual admission to the facility for the sole reason
84 that the individual or individual's guardian requests to install or operate a monitoring device in
85 the individual's room.
86 (2) A facility may not discharge a resident for the sole reason that the resident or the
87 resident's guardian requests to install or operate a monitoring device in the individual's room.
88 (3) A facility may require the resident or the resident's guardian to place a sign near the
89 entrance of the resident's room that states that the room contains a monitoring device.
Legislative Review Note
as of 2-7-14 2:10 PM