§ 23-17.29-3. Consent to electronic monitoring.
(a) Except as otherwise provided in this section, a resident or their representative shall
consent to electronic monitoring in the resident's room or private living unit in
writing, on a notification and consent form prescribed by the department. If the resident
has not affirmatively objected to electronic monitoring and the resident's healthcare
provider determines that the resident lacks the ability to understand and appreciate
the nature and consequences of electronic monitoring, the resident's representative
may consent on behalf of the resident.
(b) Prior to a resident representative consenting on behalf of a resident, the resident
representative shall inquire if the resident consents to electronic monitoring to
be conducted. The resident representative shall explain to the resident:
(1) The type of electronic monitoring device to be used;
(2) The standard conditions that may be placed on the electronic monitoring device's use,
including those set forth in § 23-17.29-6;
(3) With whom the recording may be shared pursuant to §§ 23-17.29-10 and 23-17.29-11; and
(4) The resident's ability to decline any or all recording.
(c) A resident or resident representative, when consenting on behalf of the resident,
may consent to electronic monitoring with any conditions of the resident's or resident
representative's choosing, including the list of standard conditions provided in § 23-17.29-6. A resident, or resident representative when consenting on behalf of the resident,
may request that the electronic monitoring device be turned off or the visual or audio
recording component of the electronic monitoring device be blocked at any time.
(d) Prior to implementing electronic monitoring, a resident, or resident representative
when acting on behalf of the resident, shall obtain the written consent on the notification
and consent form of any other resident residing in the shared room or shared private
living unit. A roommate's or roommate's resident representative's written consent
shall comply with the requirements of subsections (a) through (c) of this section.
Consent by a roommate or a roommate's resident representative under this section authorizes
the resident's use of any recording obtained under this chapter, as provided under
§§ 23-17.29-10 and 23-17.29-11.
(e) Any resident conducting electronic monitoring shall immediately remove or disable
an electronic monitoring device prior to a new roommate moving into a shared room
or shared private living unit, unless the resident obtains the roommate's or roommate's
resident representative's written consent as provided under subsection (d) of this
section prior to the roommate moving into the shared room or shared private living
unit. Upon obtaining the new roommate's signed notification and consent form and submitting
the form to the facility pursuant to § 23-17.29-5, the resident may resume electronic monitoring.
(f) The resident or roommate, or the resident representative of the resident or roommate,
if the representative is consenting on behalf of the resident or roommate, may withdraw
consent at any time and the withdrawal of consent shall be documented on the original
consent form as provided under § 23-17.29-5(d).