Title 23
Health and Safety

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

§ 23-17.29-3. Consent to electronic monitoring. [Effective January 30, 2025.]

(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 affirmatively objected to electronic monitoring and the resident’s healthcare provider determines that the resident lacks the ability to understand and appreciate the nature and consequences of electronic monitoring, the resident’s representative may consent on behalf of the resident.

(b) Prior to a resident representative consenting on behalf of a resident, the resident representative shall inquire if the resident consents to electronic monitoring to be conducted. The resident representative shall explain to the resident:

(1) The type of electronic monitoring device to be used;

(2) The standard conditions that may be placed on the electronic monitoring device’s use, including those set forth in § 23-17.29-6;

(3) With whom the recording may be shared pursuant to §§ 23-17.29-10 and 23-17.29-11; and

(4) The resident’s ability to decline any or all recording.

(c) A resident or resident representative, when consenting on behalf of the resident, may consent to electronic monitoring with any conditions of the resident’s or resident representative’s choosing, including the list of standard conditions provided in § 23-17.29-6. A resident, or resident representative when consenting on behalf of the resident, may request that the electronic monitoring device be turned off or the visual or audio recording component of the electronic monitoring device be blocked at any time.

(d) Prior to implementing electronic monitoring, a resident, or resident representative when acting on behalf of the resident, shall obtain the written consent on the notification and consent form of any other resident residing in the shared room or shared private living unit. A roommate’s or roommate’s resident representative’s written consent shall comply with the requirements of subsections (a) through (c) of this section. Consent by a roommate or a roommate’s resident representative under this section authorizes the resident’s use of any recording obtained under this chapter, as provided under §§ 23-17.29-10 and 23-17.29-11.

(e) Any resident conducting electronic monitoring shall immediately remove or disable an electronic monitoring device prior to a new roommate moving into a shared room or shared private living unit, unless the resident obtains the roommate’s or roommate’s resident representative’s written consent as provided under subsection (d) of this section prior to the roommate moving into the shared room or shared private living unit. Upon obtaining the new roommate’s signed notification and consent form and submitting the form to the facility pursuant to § 23-17.29-5, the resident may resume electronic monitoring.

(f) The resident or roommate, or the resident representative of the resident or roommate, if the representative is consenting on behalf of the resident or roommate, may withdraw consent at any time and the withdrawal of consent shall be documented on the original consent form as provided under § 23-17.29-5(d).