This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 24, 2016 at 3:14 PM by lpoole.
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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 certain liability protections related to operating or installing a monitoring
20 device in a resident's room.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 26-21-301, Utah Code Annotated 1953
28 26-21-302, Utah Code Annotated 1953
29 26-21-303, Utah Code Annotated 1953
30 26-21-304, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26-21-301 is enacted to read:
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35 26-21-301. Title.
36 This part is known as the "Assisted Living Facility Surveillance Act."
37 Section 2. Section 26-21-302 is enacted to read:
38 26-21-302. Definitions.
39 As used in this part:
40 (1) "Facility" means an assisted living facility.
41 (2) "Legal representative" means an individual who is legally authorized to make
42 health care decisions on behalf of another individual.
43 (3) (a) "Monitoring device" means:
44 (i) a video surveillance camera; or
45 (ii) a microphone or other device that captures audio.
46 (b) "Monitoring device" does not include:
47 (i) a device that is specifically intended to intercept wire, electronic, or oral
48 communication without notice to or the consent of a party to the communication; or
49 (ii) a device that is connected to the Internet or that is set up to transmit data via an
50 electronic communication.
51 (4) "Resident" means an individual who receives health care from a facility.
52 (5) "Room" means a resident's private or shared primary living space.
53 (6) "Roommate" means an individual sharing a room with a resident.
54 Section 3. Section 26-21-303 is enacted to read:
55 26-21-303. Monitoring device -- Installation, notice, and consent.
56 (1) A resident or the resident's legal representative may operate or install a monitoring
57 device in the resident's room if the resident Ŝ→ [
57a Ŝ→ , if any, unless the resident is incapable of informed consent ←Ŝ :
58 (a) notifies the resident's facility in writing Ŝ→ [
59 (i)
60 Ŝ→ [
61 Ŝ→ [
62 Ŝ→ [
63 operate or install the monitoring device; and
64 (iii) of the technical specifications and capabilities of the monitoring device;
65 (b) obtains written consent from each of the resident's roommates, and their legal
66 representative, if any, that specifically states the hours when each roommate consents to the
67 resident or the resident's legal representative operating the monitoring device; and
68 (c) assumes all responsibility for any cost related to installing or operating the
69 monitoring device.
70 (2) A facility shall not be civilly or criminally liable to:
71 (a) a resident or resident's roommate for the operation of a monitoring device
72 consistent with this part; and
73 (b) any person other than the resident or resident's roommate for any claims related to
74 the use or operation of a monitoring device consistent with this part, unless the claim is caused
75 by the acts or omissions of an employee or agent of the facility.
76 (3) Notwithstanding any other provision of this part, an individual may not, under this
77 part, operate a monitoring device in a facility without a court order:
78 (a) in secret; or
79 (b) with an intent to intercept a wire, electronic, or oral communication without notice
80 to or the consent of a party to the communication.
81 Section 4. Section 26-21-304 is enacted to read:
82 26-21-304. Monitoring device -- Facility admission, patient discharge, and posted
83 notice.
84 (1) A facility may not deny an individual admission to the facility for the sole reason
85 that the individual or the individual's legal representative requests to install or operate a
86 monitoring device in the individual's room.
87 (2) A facility may not discharge a resident for the sole reason that the resident or the
88 resident's legal representative requests to install or operate a monitoring device in the
89 individual's room.
90 (3) A facility may require the resident or the resident's legal representative to place a
91 sign near the entrance of the resident's room that states that the room contains a monitoring
92 device.