Title 23
Health and Safety

Chapter 17.29
Electronic Monitoring in Nursing and Assisted Living Facilities [Effective January 30, 2025.]

§ 23-17.29-1. Definitions. [Effective January 30, 2025.]

As used in this chapter:

(1) “Affirmative objection” means any verbal or written statement or statements, or made through the use of auxiliary aids or services, or any visual cue, that indicates that a resident is opposed to electronic monitoring within their room, except if the resident has been determined to lack the requisite capacity to make their own healthcare decisions.

(2) “Authorized electronic monitoring” means the placement and use of an electronic monitoring device by a resident in the resident’s room or private living unit in accordance with this chapter.

(3) “Department” means the Rhode Island department of health.

(4) “Director” means the director of the Rhode Island department of health.

(5) “Electronic monitoring device” means any photo, video, and/or audio surveillance equipment with a fixed position, that broadcasts or records activities or sounds occurring in the room or private living unit within which it is installed.

(6) “Facility” means an entity that is:

(i) Licensed as a healthcare facility under chapter 17 of this title and the regulations for Licensing of Nursing Facilities (216-RICR-40-10-1, or superseding regulations); or

(ii) Licensed as an assisted living residence under chapter 17.4 of this title and the regulations for Licensing Assisted Living Residences (216-RICR-40-10-2, or superseding regulations).

(7) “Resident” means a person residing in a facility as defined in subsection (6) of this section.

(8) “Resident representative” means one of the following, in order of priority:

(i) A healthcare agent or agent acting pursuant to a durable power of attorney, as executed pursuant to chapter 4.10 of this title;

(ii) A court-appointed guardian;

(iii) A resident’s spouse; or

(iv) A resident’s parent.