Title 23
Health and Safety

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

§ 23-17.29-6. Notification and consent form requirements. [Effective January 30, 2025.]

(a) The notification and consent form completed by the resident shall include, at a minimum, the following information:

(1) The resident’s signed consent to electronic monitoring or the signature of the resident representative, if applicable. If a person other than the resident signs the consent form, the form shall document the following:

(i) The date the resident was asked if the resident wants electronic monitoring to be conducted;

(ii) Who was present when the resident was asked;

(iii) An acknowledgment that the resident did not affirmatively object; and

(iv) The source of authority allowing the resident representative to sign the notification and consent form on the resident’s behalf;

(2) The resident’s roommate’s signed consent or the signature of the roommate’s resident representative, if applicable. If a roommate’s resident representative signs the consent form, the form shall document the following:

(i) The date the roommate was asked if the roommate wants electronic monitoring to be conducted;

(ii) Who was present when the roommate was asked;

(iii) An acknowledgment that the roommate did not affirmatively object; and

(iv) The source of authority allowing the resident representative to sign the notification and consent form on the roommate’s behalf;

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

(4) Any installation needs, such as the mounting of a device to a wall or ceiling;

(5) A list of standard conditions or restrictions that the resident or a roommate may elect to place on the use of the electronic monitoring device, including, but not limited to:

(i) Prohibiting audio recording;

(ii) Prohibiting video recording;

(iii) Prohibiting broadcasting of audio or video;

(iv) Turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device for the duration of an exam or procedure by a healthcare professional;

(v) Turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device while dressing or bathing is performed; and

(vi) Turning off the electronic monitoring device for the duration of a visit with a spiritual adviser, ombudsman, attorney, financial planner, intimate partner, or other visitor;

(6) Any other condition or restriction elected by the resident or roommate on the use of an electronic monitoring device;

(7) A statement of the circumstances under which a recording may be disseminated under § 23-17.29-10; and

(8) A signature box for documenting that the resident or roommate has withdrawn consent.

(b) Facilities must make the notification and consent form available to the residents and inform residents of their option to conduct electronic monitoring of their rooms or private living unit.

(c) The department shall prescribe the notification and consent form required in this chapter no later than sixty (60) days after the effective date. If the department has not prescribed such a form by that date, a resident may use a form that substantially complies with this chapter until such time as a prescribed form is available. Nothing in this section shall be construed to invalidate a notification and consent form that was used prior to the department disseminating a prescribed form solely due to it not being the form proscribed by the department.