RS 40:1193.3: Monitoring device; authorization and use

A. A resident who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part or his legal representative may authorize the installation and use of a monitoring device in a nursing home if all of the following conditions are met:

(1) The resident or his legal representative gives notice of the installation to the nursing home.

(2) If the monitoring device records activity visually, the recordings made by the device include a record of the date and time.

(3) The resident pays for the monitoring device and all installation, operation, maintenance, and removal costs associated with the device.

(4) Each resident occupying the same room who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part, or that resident's legal representative, gives written consent for the installation of the monitoring device.

B. If the structure of the resident's room must be altered in order to accommodate a monitoring device, then the renovation to the room may be done only by a licensed contractor, subject to approval by the facility.

C. Any monitoring device installed in accordance with the provisions of this Chapter shall be in compliance with the National Fire Protection Association Life Safety regulations.