This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 24, 2016 at 3:14 PM by lpoole.
Representative Timothy D. Hawkes proposes the following substitute bill:




Chief Sponsor: Timothy D. Hawkes

Senate Sponsor: Evan J. Vickers


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

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-21-301 is enacted to read:
Part 3. Assisted Living Facility Surveillance Act

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→ [
or] and ←Ŝ the resident's legal representative
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)
] ←Ŝ
that the resident or the resident's legal representative, if any:
60          Ŝ→ [
(A)] (i) ←Ŝ intends to operate or install a monitoring device in the resident's room; and
61          Ŝ→ [
(B)] (ii) ←Ŝ consents to a waiver agreement, if required by a facility;
62          Ŝ→ [
(ii) of the specific location where the resident or the resident's legal representative will
63     operate or install the monitoring device; and
64          (iii) of the technical specifications and capabilities of the monitoring device;
] ←Ŝ

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.