Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 124 Second Substitute (2016GS)

Sponsor

Rep. Hawkes, T.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows a resident of an assisted living facility to install a video or audio monitoring device in the resident's room under certain conditions;
• prohibits an assisted living facility from denying an individual admission to the facility or discharging a resident from the facility solely because the individual or resident wants to operate or install a monitoring device in the individual's or resident's room; and
• provides certain liability protections related to operating or installing a monitoring device in a resident's room.

Every vote on this bill

Bill text

MONITORING EQUIPMENT IN A CARE FACILITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill adds provisions to the Health Care Facility Licensing and Inspection Act
related to monitoring devices installed in assisted living facilities.
Highlighted Provisions:
This bill:
▸ allows a resident of an assisted living facility to install a video or audio monitoring
device in the resident's room under certain conditions;
▸ prohibits an assisted living facility from denying an individual admission to the
facility or discharging a resident from the facility solely because the individual or
resident wants to operate or install a monitoring device in the individual's or
resident's room; and
▸ provides certain liability protections related to operating or installing a monitoring
device in a resident's room.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26-21-301
, Utah Code Annotated 1953
26-21-302
, Utah Code Annotated 1953
26-21-303
, Utah Code Annotated 1953
26-21-304
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-301
 is enacted to read:
Part 3. Assisted Living Facility Surveillance Act
 26-21-301.
Title.
This part is known as the "Assisted Living Facility Surveillance Act."
Section 2. Section 
26-21-302
 is enacted to read:
 26-21-302.
Definitions.
As used in this part:
(1) "Facility" means an assisted living facility.
(2) "Legal representative" means an individual who is legally authorized to make
health care decisions on behalf of another individual.
(3) (a) "Monitoring device" means:
(i) a video surveillance camera; or
(ii) a microphone or other device that captures audio.
(b) "Monitoring device" does not include:
(i) a device that is specifically intended to intercept wire, electronic, or oral
communication without notice to or the consent of a party to the communication; or
(ii) a device that is connected to the Internet or that is set up to transmit data via an
electronic communication.
(4) "Resident" means an individual who receives health care from a facility.
(5) "Room" means a resident's private or shared primary living space.
(6) "Roommate" means an individual sharing a room with a resident.
Section 3. Section 
26-21-303
 is enacted to read:
 26-21-303.
Monitoring device -- Installation, notice, and consent -- Liability.
(1) A resident or the resident's legal representative may operate or install a monitoring
device in the resident's room if the resident and the resident's legal representative, if any, unless
the resident is incapable of informed consent:
(a) notifies the resident's facility in writing that the resident or the resident's legal
representative, if any:
(i) intends to operate or install a monitoring device in the resident's room; and
(ii) consents to a waiver agreement, if required by a facility;
(b) obtains written consent from each of the resident's roommates, and their legal
representative, if any, that specifically states the hours when each roommate consents to the
resident or the resident's legal representative operating the monitoring device; and
(c) assumes all responsibility for any cost related to installing or operating the
monitoring device.
(2) A facility shall not be civilly or criminally liable to:
(a) a resident or resident's roommate for the operation of a monitoring device
consistent with this part; and
(b) any person other than the resident or resident's roommate for any claims related to
the use or operation of a monitoring device consistent with this part, unless the claim is caused
by the acts or omissions of an employee or agent of the facility.
(3) Notwithstanding any other provision of this part, an individual may not, under this
part, operate a monitoring device in a facility without a court order:
(a) in secret; or
(b) with an intent to intercept a wire, electronic, or oral communication without notice
to or the consent of a party to the communication.
Section 4. Section 
26-21-304
 is enacted to read:
 26-21-304.
Monitoring device -- Facility admission, patient discharge, and posted
notice.
(1) A facility may not deny an individual admission to the facility for the sole reason
that the individual or the individual's legal representative requests to install or operate a
monitoring device in the individual's room.
(2) A facility may not discharge a resident for the sole reason that the resident or the
resident's legal representative requests to install or operate a monitoring device in the
individual's room.
(3) A facility may require the resident or the resident's legal representative to place a
sign near the entrance of the resident's room that states that the room contains a monitoring
device.