Section 35-2-1304 - Authorized Electronic Monitoring; Notice

35-2-1304. Authorized electronic monitoring; notice. (a) Every facility where electronic monitoring devices are in use shall post and maintain a notice or signage in a conspicuous location at or near the facility's main entrances stating that electronic monitoring devices may be in use in or throughout the facility. (b) A facility shall post and maintain notice or signage in a conspicuous location at the entrance to each resident's room where an electronic monitoring device is being used. The notice or signage shall state that the resident's room is being monitored by an electronic monitoring device. (c) When electronic monitoring or security surveillance is used at a facility, upon admission or at any other necessary time as determined by the facility, a facility shall obtain the resident's or the resident's representative's signature on a form furnished by the department and provided to the resident or representative by the facility. The form must at a minimum list the following: (i) That each resident has the right to use electronic monitoring devices in the resident's room, provided that any other residents in the room consent to the electronic monitoring; (ii) That the use of

That each resident has the right to use electronic monitoring devices in the resident's room, provided that any other residents in the room consent to the electronic monitoring; (ii) That the use of unauthorized electronic monitoring devices or covert placement of an electronic monitoring device is prohibited; (iii) That other residents in the facility may be using electronic monitoring devices in their rooms; (iv) That a resident may file a grievance with the facility if a facility interferes with a resident's right to use electronic monitoring and that a resident may file a grievance with the department if the facility fails to resolve or respond to the grievance; (v) The security and privacy risks associated with the use of electronic monitoring devices; (vi) Any other provisions required by the department pursuant to rules promulgated in accordance with this act.