(a) Definitions

(a) Definitions. As used in this act: (i) ability to: "Capacity to consent" means an individual's (A) Understand and appreciate the significant benefits, risks and alternatives to proposed health care; (B) Understand and appreciate the nature and consequences of making decisions concerning one's person; and (C) (ii) Make and communicate a health care decision. "Department" means the Wyoming department of health; (iii) "Electronic monitoring" means the placement and use of an electronic monitoring device by a resident in the resident's room pursuant to the requirements of this act; (iv) "Electronic monitoring device" means a video camera or other surveillance instrument with a fixed position that captures, records, transmits or broadcasts audio, video or both and that is installed in a resident's room and used for electronic monitoring of the resident and activities in the room; (v) "Facility" means an assisted living facility or a nursing care facility certified, licensed or otherwise authorized or permitted by law to provide long-term care in the facility's ordinary course of business and through its employees acting within the scope of their duties; (vi) "Resident" means a person who is eighteen (18) years or older residing at a facility; (vii) "Resident's representative" means an individual with a power of attorney for health care or other legal authority to make health care decisions on behalf of a resident who lacks capacity to consent; (viii) "Resident's room" means a resident's private or shared primary living space within a long-term care facility; (ix) "This act" means W.S. 35-2-1301 through 35-2- 1308.