Title 23, Title 23 and Safety

(a) A facility shall not: (1) Refuse to admit a potential resident or remove a resident because the facility disagrees with the decision of the potential resident, the resident, or a resident representative acting on behalf of the resident regarding electronic monitoring; or (2) …

(a) An employee of the facility or an employee of a contractor providing services at the facility, including an arranged home care, who is the subject of proposed disciplinary action based upon evidence obtained by electronic monitoring, shall be given access to that evidence for…

(a) The director may issue a statement of deficiency, upon a finding that the facility has failed to comply with any provisions of this chapter. (b) For each violation of this chapter, any licensed facility shall be guilty of a misdemeanor for each violation punishable by a fine …

The department shall adopt rules necessary to administer and enforce any section of this chapter. Rulemaking shall not delay the full implementation of this chapter.

(a) A resident or their representative shall be permitted to conduct authorized electronic monitoring of the resident’s room or private living unit through the use of electronic monitoring devices placed in the resident’s room or private living unit as provided in this chapter. (…

(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 affirmati…

If a resident of a facility who is residing in a shared room or shared living unit, or the resident representative of such a resident when acting on behalf of the resident, wants to conduct electronic monitoring and another resident living in or moving into the same shared room o…

(a) Authorized electronic monitoring may begin only after the resident or resident representative who intends to place an electronic monitoring device and any roommate or roommate’s resident representative completes the notification and consent form and submits the form to the fa…

(a) The notification and consent form completed by the resident shall include, at a minimum, the following information: (1) The resident’s signed consent to electronic monitoring or the signature of the resident representative, if applicable. If a person other than the resident s…

(a) A resident or resident representative choosing to conduct electronic monitoring shall do so at the resident’s own expense, including the purchase, installation, maintenance, and removal costs. (b) Any device used by a resident to conduct authorized electronic monitoring shall…

(a) If a resident conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at each facility entrance accessible to visitors. The notice must state the following in large, easy-to-read type, “The rooms of some residents may be monitored electroni…

(a) A person shall not knowingly hamper, obstruct, tamper with, or destroy an electronic monitoring device placed in a resident’s room or private living unit without the permission of the resident or resident representative. Checking the electronic monitoring device by facility s…