Title 23
Health and Safety

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

§ 23-17.29-5. Notice to facility. [Effective January 30, 2025.]

(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 facility.

(b) Upon receipt of any completed notification and consent form, the facility shall place the original form in the resident’s file or file the original form with the resident’s housing with services contract. The facility shall provide a copy to the resident and the resident’s roommate, if applicable.

(c) If a resident is conducting electronic monitoring according to subsection (b) of this section and a new roommate moves into the room or living unit, the resident or resident representative shall submit the signed notification and consent form to the facility. In the event that a resident or roommate, or the resident representative or roommate’s resident representative if the representative is consenting on behalf of the resident or roommate, chooses to alter the conditions under which consent to electronic monitoring is given or chooses to withdraw consent to electronic monitoring, the facility shall make available the original notification and consent form so that it may be updated. Upon receipt of the updated form, the facility shall place the updated form in the resident’s file or file the original form with the resident’s housing with services contract. The facility shall provide a copy of the updated form to the resident and the resident’s roommate, if applicable.

(d) If a new roommate, or the new roommate’s resident representative when consenting on behalf of the new roommate, does not submit to the facility a completed notification and consent form and the resident conducting the electronic monitoring does not remove or disable the electronic monitoring device, the facility shall remove the electronic monitoring device.

(e) If a roommate, or the roommate’s resident representative when withdrawing consent on behalf of the roommate, submits an updated notification and consent form withdrawing consent and the resident conducting electronic monitoring does not remove or disable the electronic monitoring device, the facility shall remove the electronic monitoring device.