BILL REQ. #:  H-1764.1 

Read first time 02/12/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to electronic monitoring in long-term care facilities; amending RCW 18.51.009 and 18.20.180; adding a new section to chapter 70.129 RCW; adding a new section to chapter 70.128 RCW; adding a new section to chapter 9.73 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 70.129 RCW to read as follows:
     (1) The following definitions apply to this section:
     (a) "Department" means the department of social and health services.
     (b) "Facility" means a nursing home that is licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
     (c) "Electronic monitoring" means the recording or transmission of a series of photographs, a motion picture film, a videotape, a series of digital images, or any other recording or transmission of images, whether or not it includes an audio component, but does not include images captured by a still camera.
     (d) "Resident" means an individual receiving services in a facility, or, if the person is incompetent, that resident's attorney in fact, guardian, or other legal representative acting within the scope of his or her authority.
     (2) A resident has the right to install and use an electronic monitoring device in the resident's room, provided that:
     (a) The resident has obtained consent in writing from any roommate who shares the room as sleeping quarters;
     (b) The resident has provided written notice to the facility on a form developed by the department under subsection (6) of this section of the resident's intent to install the monitoring device;
     (c) The resident pays for all installation and maintenance costs of the electronic monitoring;
     (d) The electronic monitoring conforms to any limitation placed on the monitoring as the condition of the consent given by a roommate and conforms to the requirements outlined in subsection (6) of this section.
     (3) A facility shall:
     (a) At the time of a new resident's admission or, for current residents, within six months of the effective date of this act, provide the resident with the form required under subsection (6) of this section notifying the resident of the option to authorize or refuse to consent to electronic monitoring in the resident's room;
     (b) Maintain the signed and dated form on file at the facility;
     (c) Provide reasonable physical accommodation for the installation and use of the electronic monitoring device, including providing a reasonably secure place to mount the device and access to power sources;
     (d) Permit a resident to install electronic monitoring when in compliance with this act;
     (e) Post a notice at the main entrance to the facility stating in large, easy-to-read type that the rooms of some residents may be monitored electronically by or on behalf of the residents; and
     (f) Post a notice outside of the room of any resident who has requested authorization to install electronic monitoring under subsection (2) of this section. The notice shall state that the room may be monitored electronically.
     (4) A facility shall not refuse to admit an individual to residency or remove a resident because of the resident's request to install electronic monitoring or because electronic monitoring is being conducted by or on behalf of a resident in compliance with this act.
     (5) A facility may place a resident in a different room to accommodate a request for electronic monitoring.
     (6) The department shall develop a form for use by a resident to notify a facility of the resident's intent to install a device capable of electronic monitoring. The form must state:
     (a) That a resident is entitled to install and use an electronic monitoring device under the authority of this act;
     (b) That the resident should contact the department if the facility refuses to permit the monitoring or if the facility fails to make reasonable physical accommodations necessary for installation and use of the electronic monitoring device;
     (c) The basic procedures that must be followed to install and use electronic monitoring, including the requirement of obtaining written consent from other residents who share the room; and
     (d) That a roommate authorizing monitoring may condition consent to include but not be limited to the following: Placing restrictions on the direction in which the camera may face, prohibiting the use of audio recording, or requiring obstruction of the device under specific circumstances as required to protect the dignity of the roommate.
     (7) The placement and use of an electronic monitoring device in the room of a resident under authority of this section may not be covert. Placement and use of an electronic monitoring device is covert if the placement and use of the device is not open and obvious and the resident has not notified the facility of the use and installation of the device.
     (8) Subject to applicable rules of evidence and procedure, a tape or recording created in compliance with the provisions of this act may be admitted into evidence in a civil or criminal court action or administrative proceeding.
     (9) The department may assess an administrative penalty as provided under RCW 74.42.580 or 70.128.160 against a facility that violates any provision of this section.

Sec. 2   RCW 18.51.009 and 1994 c 214 s 22 are each amended to read as follows:
     RCW 70.129.007, 70.129.105, section 1 of this act, and 70.129.150 through 70.129.170 apply to this chapter and persons regulated under this chapter.

Sec. 3   RCW 18.20.180 and 1994 c 214 s 21 are each amended to read as follows:
     RCW 70.129.005 through 70.129.030, 70.129.040(1), section 1 of this act, and 70.129.050 through 70.129.170 apply to this chapter and persons regulated under this chapter.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.128 RCW to read as follows:
     Section 1 of this act applies to this chapter and persons regulated under this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 9.73 RCW to read as follows:
     The provisions of this chapter do not apply to electronic monitoring at a facility as authorized in section 1 of this act.