House
File
434
H-1305
Amend
House
File
434
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
ELECTRONIC
MONITORING
IN
NURSING
FACILITIES
4
Section
1.
Section
135C.1,
Code
2021,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
6A.
“Electronic
monitoring”
means
the
7
placement
and
use
of
an
electronic
monitoring
device
by
8
a
resident
in
the
resident’s
room
in
accordance
with
this
9
subchapter.
10
NEW
SUBSECTION
.
6B.
“Electronic
monitoring
device”
means
a
11
camera
or
other
device
that
captures,
records,
or
broadcasts
12
audio,
video,
or
both,
that
is
placed
in
a
resident’s
room
and
13
is
used
to
monitor
the
resident
or
activities
in
the
room.
14
NEW
SUBSECTION
.
21A.
“Resident
representative”
means
one
of
15
the
following
in
the
order
of
priority
listed,
to
the
extent
16
the
person
may
reasonably
be
identified
and
located:
17
a.
The
attorney
in
fact
designated
to
make
treatment
18
decisions
for
the
resident
in
accordance
with
chapter
144B.
19
b.
The
guardian
of
the
resident
if
one
has
been
appointed
20
pursuant
to
chapter
633.
21
c.
The
resident’s
spouse.
22
d.
An
adult
child
of
the
resident
or,
if
the
resident
has
23
more
than
one
adult
child,
a
majority
of
the
adult
children
who
24
are
reasonably
available.
25
e.
A
parent
of
the
resident,
or
parents
if
both
are
26
reasonably
available.
27
f.
An
adult
sibling
of
the
resident.
28
Sec.
___.
NEW
SECTION
.
135C.49
Electronic
monitoring.
29
1.
A
resident
or
a
resident
representative
may
conduct
30
electronic
monitoring
of
the
resident’s
room
through
the
use
of
31
an
electronic
monitoring
device
placed
in
the
resident’s
room
32
pursuant
to
this
subchapter.
33
2.
Nothing
in
this
section
precludes
the
use
of
electronic
34
monitoring
otherwise
allowed
by
law.
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#1.
Sec.
___.
NEW
SECTION
.
135C.50
Consent
to
electronic
1
monitoring.
2
1.
Except
as
otherwise
provided
in
this
subchapter,
3
a
resident
must
consent
to
electronic
monitoring
in
the
4
resident’s
room
in
writing
on
a
notification
and
consent
5
form
prescribed
by
the
department.
If
the
resident
has
6
not
affirmatively
objected
to
electronic
monitoring
and
the
7
resident’s
medical
professional
determines
that
the
resident
8
lacks
the
ability
to
understand
and
appreciate
the
nature
9
and
consequences
of
electronic
monitoring,
the
resident
10
representative
may
consent
on
behalf
of
the
resident.
For
11
purposes
of
this
subsection,
a
resident
affirmatively
objects
12
when
the
resident
orally,
visually,
or
through
the
use
of
13
auxiliary
aids
or
services
declines
electronic
monitoring.
The
14
resident’s
response
shall
be
documented
on
the
notification
and
15
consent
form.
16
2.
Prior
to
a
resident
representative
consenting
on
behalf
17
of
a
resident,
the
resident
shall
be
asked
if
the
resident
18
wants
electronic
monitoring
to
be
conducted.
The
resident
19
representative
shall
explain
all
of
the
following
to
the
20
resident:
21
a.
The
type
of
electronic
monitoring
device
to
be
used.
22
b.
The
standard
conditions
or
restrictions
that
may
be
23
placed
on
the
electronic
monitoring
device’s
use
including
as
24
specified
in
the
list
of
standard
conditions
or
restrictions
25
contained
in
the
notification
and
consent
form
completed
by
the
26
resident
as
provided
in
section
135C.53.
27
c.
The
dissemination
and
use
of
any
recording
as
provided
28
under
section
135C.57
or
135C.58.
29
d.
The
resident’s
ability
to
decline
all
recordings.
30
3.
A
resident,
or
resident
representative
when
consenting
31
on
behalf
of
the
resident,
may
consent
to
electronic
monitoring
32
with
any
conditions
or
restrictions
of
the
resident’s
or
33
resident
representative’s
choosing,
including
the
list
34
of
standard
conditions
or
restrictions
contained
in
the
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notification
and
consent
form
completed
by
the
resident
1
as
provided
in
section
135C.53.
A
resident,
or
resident
2
representative
when
consenting
on
behalf
of
the
resident,
may
3
request
that
the
electronic
monitoring
device
be
turned
off
4
or
the
visual
or
audio
recording
component
of
the
electronic
5
monitoring
device
be
blocked
at
any
time.
6
4.
Prior
to
implementing
electronic
monitoring,
a
resident,
7
or
resident
representative
when
acting
on
behalf
of
the
8
resident,
shall
obtain
the
written
consent
on
the
notification
9
and
consent
form
of
any
other
resident
who
is
a
roommate
10
residing
in
the
shared
room.
A
roommate’s
or
roommate’s
11
resident
representative’s
written
consent
shall
comply
with
12
the
requirements
of
this
section.
Consent
by
a
roommate
or
13
a
roommate’s
resident
representative
under
this
subsection
14
authorizes
the
resident’s
use
of
any
recording
obtained
under
15
this
section
as
provided
under
sections
135C.57
and
135C.58.
16
5.
Any
resident
conducting
electronic
monitoring
shall
17
immediately
remove
or
disable
an
electronic
monitoring
device
18
prior
to
a
new
resident
who
will
be
a
roommate
moving
into
19
a
shared
room,
unless
the
resident
conducting
electronic
20
monitoring
obtains
the
new
roommate’s
or
new
roommate’s
21
resident
representative’s
written
consent
as
provided
under
22
this
section
prior
to
the
new
roommate
moving
into
the
shared
23
room.
Upon
obtaining
the
new
roommate’s
or
new
roommate’s
24
resident
representative’s
signed
notification
and
consent
form
25
and
submitting
the
form
to
the
nursing
facility
as
required
26
under
section
135C.52,
the
resident
may
resume
electronic
27
monitoring.
28
6.
The
resident
or
roommate,
or
the
resident
representative
29
or
roommate’s
resident
representative
if
the
representative
is
30
consenting
on
behalf
of
the
resident
or
roommate,
may
withdraw
31
consent
at
any
time
and
the
withdrawal
of
consent
shall
be
32
documented
on
the
original
consent
form
as
provided
under
33
section
135C.52.
34
Sec.
___.
NEW
SECTION
.
135C.51
Refusal
of
roommate
to
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consent.
1
If
a
resident
of
a
nursing
facility
who
is
residing
in
a
2
shared
room,
or
the
resident
representative
of
such
a
resident
3
when
acting
on
behalf
of
the
resident,
wants
to
conduct
4
electronic
monitoring
and
another
resident
living
in
or
moving
5
into
the
same
shared
room
refuses
to
consent
to
the
use
of
an
6
electronic
monitoring
device,
the
nursing
facility
shall
make
7
a
reasonable
attempt
to
accommodate
the
resident
who
wants
to
8
conduct
electronic
monitoring.
A
nursing
facility
has
met
9
the
requirement
to
make
a
reasonable
attempt
to
accommodate
10
a
resident
or
resident
representative
who
wants
to
conduct
11
electronic
monitoring
when,
upon
notification
that
a
roommate
12
has
not
consented
to
the
use
of
an
electronic
monitoring
device
13
in
the
resident’s
room,
the
nursing
facility
offers
to
move
one
14
of
the
residents
to
another
shared
room
that
is
available
at
15
the
time
of
the
request
that
accommodates
the
resident.
If
16
a
resident
chooses
to
reside
in
a
private
room
in
order
to
17
accommodate
the
use
of
an
electronic
monitoring
device,
the
18
resident
shall
be
subject
to
a
private
room
rate.
If
a
nursing
19
facility
is
unable
to
accommodate
a
resident
due
to
lack
of
20
space,
the
nursing
facility
shall
reevaluate
the
request
21
periodically
until
the
request
is
fulfilled.
22
Sec.
___.
NEW
SECTION
.
135C.52
Notice
and
consent
form
23
submitted
to
nursing
facility.
24
1.
Electronic
monitoring
may
begin
only
after
the
resident
25
or
resident
representative
who
intends
to
place
an
electronic
26
monitoring
device
in
the
resident’s
room
and
any
roommate
or
27
roommate’s
resident
representative
completes
a
notification
and
28
consent
form
and
submits
the
form
to
the
nursing
facility.
29
2.
Upon
receipt
of
the
required,
completed
notification
and
30
consent
form,
the
nursing
facility
shall
place
the
original
31
form
in
the
resident’s
file,
and
a
copy
of
the
form
in
any
32
roommate’s
file.
The
nursing
facility
shall
provide
a
copy
to
33
the
resident
and
the
resident’s
roommate,
as
applicable.
34
3.
If
a
resident
or
roommate,
or
the
resident
representative
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or
roommate’s
resident
representative
if
the
representative
1
is
consenting
on
behalf
of
the
resident
or
roommate,
chooses
2
to
alter
the
conditions
under
which
consent
to
electronic
3
monitoring
is
given
or
chooses
to
withdraw
consent
to
4
electronic
monitoring,
the
nursing
facility
shall
make
5
available
the
original
notification
and
consent
form
so
that
6
the
original
form
may
be
updated.
Upon
receipt
of
the
updated
7
original
form,
the
nursing
facility
shall
place
the
updated
8
original
form
in
the
resident’s
file.
The
nursing
facility
9
shall
provide
a
copy
of
the
updated
form
to
the
resident
and
10
the
resident’s
roommate,
as
applicable.
11
4.
If
a
new
roommate,
or
the
new
roommate’s
resident
12
representative
when
consenting
on
behalf
of
the
new
roommate,
13
does
not
consent
to
electronic
monitoring
and
submit
a
14
completed
notification
and
consent
form
to
the
nursing
15
facility,
and
the
resident
conducting
the
electronic
monitoring
16
does
not
remove
or
disable
an
existing
electronic
monitoring
17
device,
the
nursing
facility
shall
remove
the
electronic
18
monitoring
device.
19
5.
If
a
roommate,
or
the
roommate’s
resident
representative
20
when
withdrawing
consent
on
behalf
of
the
roommate,
submits
21
an
updated
notification
and
consent
form
withdrawing
consent
22
and
the
resident
conducting
electronic
monitoring
does
not
23
remove
or
disable
the
electronic
monitoring
device,
the
nursing
24
facility
shall
remove
the
electronic
monitoring
device.
25
Sec.
___.
NEW
SECTION
.
135C.53
Notification
and
consent
26
form
requirements.
27
1.
The
notification
and
consent
form
completed
by
the
28
resident
shall
include,
at
a
minimum,
all
of
the
following
29
information:
30
a.
The
resident’s
signed
consent
to
electronic
monitoring
or
31
the
signature
of
the
resident
representative,
if
applicable.
32
If
a
resident
representative
signs
the
consent
form,
the
form
33
shall
document
all
of
the
following:
34
(1)
The
date
the
resident
was
asked
if
the
resident
wants
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electronic
monitoring
to
be
conducted.
1
(2)
Any
person
present
when
the
resident
was
asked.
2
(3)
An
acknowledgment
that
the
resident
did
not
3
affirmatively
object.
4
(4)
The
source
of
authority
allowing
the
resident
5
representative
to
sign
the
notification
and
consent
form
on
the
6
resident’s
behalf.
7
b.
The
resident’s
roommate’s
signed
consent
or
the
signature
8
of
the
roommate’s
resident
representative,
if
applicable.
If
a
9
roommate’s
resident
representative
signs
the
consent
form,
the
10
form
shall
document
all
of
the
following:
11
(1)
The
date
the
roommate
was
asked
if
the
roommate
wants
12
electronic
monitoring
to
be
conducted.
13
(2)
Any
person
present
when
the
roommate
was
asked.
14
(3)
An
acknowledgment
that
the
roommate
did
not
15
affirmatively
object.
16
(4)
The
source
of
authority
allowing
the
resident
17
representative
to
sign
the
notification
and
consent
form
on
the
18
roommate’s
behalf.
19
c.
The
type
of
electronic
monitoring
device
to
be
used.
20
d.
Any
installation
needs,
such
as
mounting
of
a
device
to
21
a
wall
or
ceiling.
22
e.
The
proposed
date
of
installation
for
scheduling
23
purposes.
24
f.
A
copy
of
any
contract
for
maintenance
of
the
electronic
25
monitoring
device
by
a
commercial
entity.
26
g.
A
list
of
standard
conditions
or
restrictions
that
the
27
resident
or
a
roommate
may
elect
to
place
on
the
use
of
the
28
electronic
monitoring
device
including
but
not
limited
to
all
29
of
the
following:
30
(1)
Prohibiting
audio
recording.
31
(2)
Prohibiting
video
recording.
32
(3)
Prohibiting
broadcasting
of
audio
or
video.
33
(4)
Turning
off
the
electronic
monitoring
device
or
34
blocking
the
visual
recording
component
of
the
electronic
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monitoring
device
for
the
duration
of
an
exam
or
procedure
by
a
1
health
care
professional.
2
(5)
Turning
off
the
electronic
monitoring
device
or
3
blocking
the
visual
recording
component
of
the
electronic
4
monitoring
device
while
dressing
or
bathing
is
performed.
5
(6)
Turning
off
the
electronic
monitoring
device
for
6
the
duration
of
a
visit
with
a
spiritual
adviser,
ombudsman,
7
attorney,
financial
planner,
intimate
partner,
or
other
8
visitor.
9
h.
Any
other
condition
or
restriction
elected
by
the
10
resident
or
roommate
on
the
use
of
an
electronic
monitoring
11
device.
12
i.
A
statement
of
the
circumstances
under
which
a
recording
13
may
be
disseminated
under
section
135C.57.
14
j.
A
signature
box
to
document
if
the
resident
or
roommate
15
withdraws
consent.
16
2.
A
nursing
facility
shall
make
the
notification
and
17
consent
form
available
to
the
residents
and
inform
residents
of
18
the
option
to
conduct
electronic
monitoring
of
the
resident’s
19
room.
20
Sec.
___.
NEW
SECTION
.
135C.54
Cost
and
installation.
21
1.
A
resident
who
chooses
to
conduct
electronic
monitoring
22
shall
do
so
at
the
resident’s
own
expense,
including
payment
of
23
any
purchase,
installation,
maintenance,
and
removal
costs.
24
2.
If
a
resident
chooses
to
place
an
electronic
monitoring
25
device
that
uses
internet
technology
for
visual
or
audio
26
monitoring,
the
resident
may
be
responsible
for
contracting
27
with
an
internet
service
provider.
28
3.
The
nursing
facility
shall
make
a
reasonable
attempt
29
to
accommodate
the
resident’s
installation
needs,
including
30
allowing
access
to
the
nursing
facility’s
public-use
internet
31
or
wi-fi
systems
when
available
for
other
public
uses.
32
4.
All
electronic
monitoring
device
installations
and
33
supporting
services
shall
comply
with
the
requirements
of
the
34
national
fire
protection
association
101
life
safety
code.
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5.
A
nursing
facility
shall
not
charge
a
resident
a
fee
1
for
the
costs
of
electricity
used
by
the
electronic
monitoring
2
device.
3
Sec.
___.
NEW
SECTION
.
135C.55
Notice
to
visitors.
4
1.
A
nursing
facility
shall
post
a
sign
at
each
nursing
5
facility
entrance
accessible
to
visitors
that
states
6
“Electronic
monitoring
devices
may
be
present
in
the
rooms
of
7
residents
to
record
persons
and
activities”.
8
2.
A
nursing
facility
shall
post
a
sign
clearly
and
9
conspicuously
at
the
entrance
to
a
resident’s
room
where
10
electronic
monitoring
is
being
conducted.
The
notice
shall
11
state
“This
room
is
electronically
monitored”.
12
3.
The
nursing
facility
is
responsible
for
installing
and
13
maintaining
the
signage
required
in
this
section.
14
Sec.
___.
NEW
SECTION
.
135C.56
Obstruction
of
electronic
15
monitoring
devices.
16
1.
A
person
shall
not
knowingly
hamper,
obstruct,
tamper
17
with,
or
destroy
an
electronic
monitoring
device
placed
in
18
a
resident’s
room
without
the
permission
of
the
resident
or
19
resident
representative.
20
2.
A
person
shall
not
knowingly
hamper,
obstruct,
tamper
21
with,
or
destroy
a
video
or
audio
recording
obtained
through
22
the
use
of
an
electronic
monitoring
device
in
accordance
with
23
this
subchapter.
24
3.
It
is
not
a
violation
of
this
section
for
a
person
to
25
turn
off
the
electronic
monitoring
device
or
block
the
visual
26
recording
component
of
the
electronic
monitoring
device
at
the
27
direction
of
the
resident
or
resident
representative,
or
if
28
consent
has
been
withdrawn.
29
4.
A
person
who
violates
this
section
is
guilty
of
a
serious
30
misdemeanor.
31
Sec.
___.
NEW
SECTION
.
135C.57
Dissemination
of
recordings.
32
1.
A
person
shall
not
access
any
video
or
audio
recording
33
created
through
electronic
monitoring
under
this
subchapter
34
without
the
written
consent
of
the
resident
or
resident
35
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representative.
1
2.
Except
as
otherwise
required
by
law,
a
recording
or
copy
2
of
a
recording
created
as
provided
in
this
subchapter
may
only
3
be
disseminated
for
the
purpose
of
addressing
health,
safety,
4
or
welfare
concerns
of
a
resident.
5
3.
A
person
accessing
or
disseminating
a
recording
or
copy
6
of
a
recording
created
as
provided
in
this
section
in
violation
7
of
this
section
is
guilty
of
a
serious
misdemeanor.
8
Sec.
___.
NEW
SECTION
.
135C.58
Admissibility
of
evidence.
9
Subject
to
applicable
rules
of
evidence
and
procedure,
any
10
video
or
audio
recording
created
through
electronic
monitoring
11
under
this
subchapter
may
be
admitted
into
evidence
in
a
civil,
12
criminal,
or
administrative
proceeding
if
the
contents
of
the
13
recording
have
not
been
edited
or
artificially
enhanced
and
the
14
recording
includes
the
date
and
time
the
events
occurred.
15
Sec.
___.
NEW
SECTION
.
135C.59
Liability
——
penalties.
16
1.
A
nursing
facility
is
not
civilly
or
criminally
liable
17
for
the
disclosure
of
a
recording
by
a
resident
or
a
person
who
18
consents
on
behalf
of
a
resident
for
any
purpose
not
authorized
19
by
this
subchapter.
20
2.
A
nursing
facility
is
not
civilly
or
criminally
liable
21
for
a
violation
of
a
resident’s
right
to
privacy
arising
out
22
of
any
electronic
monitoring
conducted
in
accordance
and
in
23
compliance
with
this
subchapter.
24
3.
A
nursing
facility
that
knowingly
violates
this
25
subchapter
shall
be
subject
to
licensee
discipline.
26
Sec.
___.
NEW
SECTION
.
135C.60
Resident
protections.
27
1.
A
nursing
facility
shall
not
do
any
of
the
following:
28
a.
Refuse
to
admit
a
potential
resident
or
remove
a
resident
29
because
the
nursing
facility
disagrees
with
the
potential
30
resident’s
or
the
resident’s
decisions
regarding
electronic
31
monitoring,
whether
the
decision
is
made
by
a
resident
or
a
32
resident
representative
acting
on
behalf
of
the
resident.
33
b.
Retaliate
or
discriminate
against
any
resident
for
34
consenting
or
refusing
to
consent
to
electronic
monitoring.
35
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c.
Prevent
the
placement
or
use
of
an
electronic
monitoring
1
device
by
a
resident
who
has
provided
the
nursing
facility
2
with
the
notification
and
consent
form
as
required
under
this
3
subchapter.
4
2.
Any
contractual
provision
prohibiting,
limiting,
5
or
otherwise
modifying
the
rights
and
obligations
in
this
6
subchapter
is
contrary
to
public
policy
and
is
void
and
7
unenforceable.
8
Sec.
___.
NEW
SECTION
.
135C.61
Report
to
department.
9
A
nursing
facility
shall
report
to
the
department,
in
a
10
manner
prescribed
by
the
department,
the
number
of
electronic
11
monitoring
device
notification
and
consent
forms
received
by
12
the
nursing
facility
on
an
annual
basis.
13
Sec.
___.
DIRECTIVE
TO
DEPARTMENT
OF
INSPECTIONS
AND
14
APPEALS.
The
department
of
inspections
and
appeals
shall
15
prescribe
by
rule
pursuant
to
chapter
17A
the
notification
and
16
consent
form
described
in
this
division
of
this
Act,
and
shall
17
make
the
form
available
on
the
department’s
internet
site.
18
Sec.
___.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
codify
19
the
provisions
of
this
division
of
this
Act
as
a
new
subchapter
20
of
chapter
135C
entitled
“Electronic
Monitoring”.
21
DIVISION
II
22
SELF-ADMINISTERED
HORMONAL
CONTRACEPTIVES
>
23
2.
Title
page,
line
1,
after
<
to
>
by
inserting
<
health
care
24
including
electronic
monitoring
in
nursing
facilities
and
>
25
3.
Title
page,
line
2,
after
<
contraceptives
>
by
inserting
26
<
,
and
providing
penalties
>
27
4.
By
renumbering
as
necessary.
28
______________________________
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10
#2.
#3.
#4.