(a)A resident with capacity to consent may request and
consent to electronic monitoring pursuant to the provisions of
this act. For a resident who lacks capacity to consent, the
resident's representative may request and consent to electronic
monitoring, provided the use of electronic monitoring does not
contravene any prior expressed wishes of the resident and the
resident does not object to electronic monitoring.
(b)A resident or the resident's representative shall
request to use electronic monitoring in the resident's room
using a form provided by the department and furnished to the
resident or representative by the facility. The form required
under this subsection shall require the resident or his
representative to:
(i)Acknowledge that, by using an electronic
monitoring device, the r
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(a) A resident with capacity to consent may request and
consent to electronic monitoring pursuant to the provisions of
this act. For a resident who lacks capacity to consent, the
resident's representative may request and consent to electronic
monitoring, provided the use of electronic monitoring does not
contravene any prior expressed wishes of the resident and the
resident does not object to electronic monitoring.
(b) A resident or the resident's representative shall
request to use electronic monitoring in the resident's room
using a form provided by the department and furnished to the
resident or representative by the facility. The form required
under this subsection shall require the resident or his
representative to:
(i) Acknowledge that, by using an electronic
monitoring device, the resident may reveal personal or sensitive
information, including health-related information, to
individuals with authorized access to the electronic monitoring
device and confirm that the resident or his representative
consents to any disclosure;
(ii) Waive any claim of liability against the
facility for any civil damages for any release or use of a
recording made by security surveillance devices under the
control or in the custody of the facility or for a violation of
the resident's right to privacy in connection with the use of
electronic monitoring devices, except for acts or omissions
constituting gross negligence or willful or wanton misconduct;
(iii) Acknowledge that the consent of other residents
residing in the same room is required and that the other
residents residing in the same room may limit the resident's use
of an electronic monitoring device;
(iv) Specify the desired type and number of devices,
the proposed date of installation and a copy of any contracts
with commercial entities that will oversee the installation and
maintenance of the electronic monitoring devices;
(v) Acknowledge that facility approval of the type,
number, location and installation of electronic monitoring
devices is required before installation;
(vi) Acknowledge that the resident is responsible for
all fees associated with the electronic monitoring device
including purchase, installation, removal, maintenance, internet
connectivity and repair of any damage or markings resulting from
installation;
(vii) Complete any other requirements specified by
the department.
(c) No resident shall install an electronic monitoring
device in the resident's room without the consent of any other
resident residing in the same room. A resident may obtain the
consent of all other residents in the same room by using a form
furnished by the department and provided to the resident by the
facility. The form shall require the consenting resident or his
representative to:
(i) Acknowledge that he is not required to consent
and may revoke his consent at any time;
(ii) Acknowledge the resident's right to impose
limits on electronic monitoring pursuant to W.S. 35-2-1306(g);
(iii) Waive any claim of liability against the
facility for any civil damages for any release or use of a
recording made by an electronic monitoring device under the
control or in the custody of the facility or for a violation of
the resident's right to privacy in connection with the use of
electronic monitoring devices, except for acts or omissions
constituting gross negligence or willful or wanton misconduct;
(iv) Complete any other requirements specified by the
department.
(d) A resident requesting to use electronic monitoring may
request to switch rooms or roommates, subject to availability
and at the resident's expense. A facility unable to accommodate
a resident's request shall reevaluate the request at least one
(1) time every two (2) weeks until the facility is able to
accommodate the request. A facility shall not be responsible for
its inability to accommodate a resident's request at the time of
the request.
(e) A resident or resident's representative who consented
as provided in subsection (c) of this section may revoke that
consent at any time and for any reason. If consent is revoked, a
resident must immediately cease using any electronic monitoring
devices in the room. A facility shall have authority to remove
or disable any electronic monitoring device from a room after
consent is revoked and if the resident does not immediately
cease using the device.
(f) All facilities shall obtain and retain all forms
submitted by residents under this act. Forms shall be retained
consistent with requirements for retaining medical records
consistent with state and federal law.