Signed by Governor Mike Parson

Vote Smart's Synopsis:

Vote to pass a bill that authorizes electronic monitoring devices such as video cameras for patients in long term care centers.

Highlights:

• Specifies that residents in long-term facilities have the right to place an authorized electronic monitoring device that is owned and operated by the resident or provided by the resident’s guardian or legal representative in the resident’s room (Sec. A).

• Prohibits any facility from being civilly or criminally liable for activity or action arising out of the use by any resident or resident’s legal representative of any electronic monitoring device, including the facilities inadvertent or intentional disclosure of a recording made by a resident, or by an individual who consents on behalf of the resident (Sec. A).

• Specifies that only in cases of abuse and neglect will recodings be released unless permission to release is given by the resident, guardian, or legal representative and long-term care facility (Sec. A).

• Specifies that the individual who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another individual (Sec. A).

• Specifies that only in cases where a resident has been judicially declared to lack the capacity to request an electronic monitoring device may a guardian or legal representative may make a request for an electronic monitoring device (Sec. A).

• Requires a facility to have a resident post and maintain a conspicuous notice at the entrance of the resident’s room stating that the room is being monitored by an electronic monitoring device (Sec. A).

• Prohibits a facility from refusing a resident from having an electronic monitoring device or removing a resident from a facility from requesting to have an electronic monitoring device, and authorizes the department of health and senior services to assess an administrative penalty against the facility (Sec. A).

• Specifies that a facility is not required to provide internet or network access to any electronic monitoring device, and any internet service for the monitoring device is the sole responsibility of the resident or resident’s guardian or legal representative (Sec. A).

• Authorizes a resident who has the capacity to determine whether abuse or neglect was made from the use of an electronic monitoring device to report and provide a copy of the example of the abuse or neglect to the facility (Sec. A).

• Specifies that any individual who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident’s room, or who destroys or corrupts any data collected by the device, is guilty of a class B misdemeanor (Sec. A).

• Specifies that an individual who without authorization places an electronic monitoring device in the room of a resident is guilty of a class B misdemeanor if the individual continues to conduct monitoring after a written warning to cease and desist from that conduct (Sec. A).

• Defines “authorized electronic monitoring” as the placement and use of an electronic monitoring device by a resident in his or her room, and “electronic monitoring device” as a surveillance instrument capable of recording or transmitting audio or video footage of any activity occurring in a resident’s room (Sec. A).

• Defines “facility” or “long-term care facility” as any residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility (Sec. A).

• Defines “legal representative” as an individual authorized under a durable power of attorney to act on behalf of a resident of a facility, and “ resident” as an individual residing in a facility (Sec. A).

Full Bill Text