§ 35-2-1306 — Facility rules; installation of electronic monitoring devices; accommodation by facility

Wyoming § 35-2-1306

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 2: HOSPITALS, HEALTH CARE FACILITIES AND HEALTH
• Art. 13: ELECTRONIC MONITORING OF LONG-TERM CARE

Text

(a) A facility shall not refuse to admit, remove or
retaliate against a resident who requests to use, uses or
declines to consent to use electronic monitoring in his room
pursuant to this act.
(b) A facility may develop policies governing the
placement and installation of electronic monitoring devices,
subject to the provisions of this act and any rules promulgated
by the department.
(c) A facility shall not unnecessarily impair or impede a
resident's use of electronic monitoring devices but may require
installation of devices by a licensed contractor or facility
personnel and may limit the placement of devices to maintain
resident privacy and dignity.
(d) A resident shall obtain the facility's approval before
installing or using any electronic monitoring device, subject to
the consent of any other resident residing in the same room as
required under W.S. 35-2-1305(c).
(e) A resident or the resident's representative shall be
responsible for all costs associated with purchasing,
installing, using, maintaining, servicing and removing
electronic monitoring devices. For electronic monitoring devices
requiring an internet connection, the facility may restrict or
limit a resident's use of the facility's network services for
those devices and may charge a reasonable fee to the resident
using the facility's internet for electronic monitoring.
(f) All electronic monitoring devices used by facilities
and residents in facilities shall be conspicuous and in plain
view. The facility is responsible for ensuring that no
electronic monitoring device is installed in a location that:
(i) Jeopardizes the privacy or dignity of any
resident;
(ii) Contravenes any imposed limitation on its
placement or use as set forth by the department, the facility,
the resident or any other resident residing in the same room;
(iii) Jeopardizes the safety of a resident, employee,
visitor or other person;
(iv) Violates federal, state or local regulations.
(g) Any resident residing in a room with electronic
monitoring may establish limits on the use of electronic
monitoring. The resident may impose limits restricting
monitoring during specific times, in the presence of specific
individuals, during times of personal care and treatment or for
any other reason. Upon request by the resident, the facility
shall make reasonable efforts to disable or obscure the
electronic monitoring devices and to accommodate the resident's
requested limits on electronic monitoring when the facility can
reasonably do so. The facility shall document all limits
requested by the resident and the facility's efforts to
accommodate those requests.
(h) A facility or employee of the facility shall not have
access to video or audio recordings captured by an electronic
monitoring device except as specified in this act.