HOUSE BILL No. 5786 March 12, 2002, Introduced by Reps. Basham, Dennis, Woodward, Gieleghem, Bogardus, Schauer, Minore, Jamnick, Clark, DeRossett, Newell, Quarles, Phillips, Anderson, Plakas, Daniels, Adamini, Whitmer, Bovin and Kolb and referred to the Committee on Senior Health, Security and Retirement. A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21788. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 21788. (1) A NURSING HOME SHALL PERMIT A RESIDENT OR 2 THE RESIDENT'S LEGAL REPRESENTATIVE TO MONITOR THE RESIDENT 3 THROUGH THE USE OF AN ELECTRONIC MONITORING DEVICE IF ALL OF THE 4 FOLLOWING REQUIREMENTS ARE MET: 5 (A) THE MONITORING IS COMPLETELY VOLUNTARY AND IS CONDUCTED 6 AT THE ELECTION OF THE RESIDENT OR THE RESIDENT'S LEGAL 7 REPRESENTATIVE. 8 (B) ALL COSTS OF THE MONITORING, INCLUDING, BUT NOT LIMITED 9 TO, THE COST OF THE ELECTRONIC MONITORING DEVICE AND ITS 10 INSTALLATION, ARE PAID BY THE RESIDENT OR THE RESIDENT'S LEGAL 11 REPRESENTATIVE. 06511'02 * CPD 2 1 (C) THE MONITORING IS CONDUCTED IN A MANNER THAT PROTECTS 2 THE PRIVACY OF OTHER RESIDENTS AND VISITORS TO THE NURSING HOME 3 TO THE EXTENT REASONABLY POSSIBLE. IF A RESIDENT OR THE 4 RESIDENT'S LEGAL REPRESENTATIVE WISHES TO INSTALL AN ELECTRONIC 5 MONITORING DEVICE IN THE RESIDENT'S ROOM, AND IF THE RESIDENT 6 SHARES THE ROOM WITH ANOTHER RESIDENT, THE WRITTEN CONSENT OF THE 7 OTHER RESIDENT OR HIS OR HER LEGAL REPRESENTATIVE MUST BE 8 OBTAINED BEFORE THE ELECTRONIC MONITORING DEVICE IS INSTALLED. 9 (D) THERE IS A NOTICE POSTED ON THE DOOR OF THE RESIDENT'S 10 ROOM STATING THAT THE ROOM IS BEING MONITORED BY AN ELECTRONIC 11 MONITORING DEVICE. 12 (E) THE ELECTRONIC MONITORING DEVICE, INCLUDING THE VIEWING 13 MONITOR, IF ANY, IS CONTAINED IN A LOCKED BOX THAT CAN BE 14 ACCESSED ONLY BY THE RESIDENT OR THE RESIDENT'S LEGAL 15 REPRESENTATIVE. 16 (2) A NURSING HOME SHALL MAKE REASONABLE ACCOMMODATION FOR 17 ELECTRONIC MONITORING BY PROVIDING ALL OF THE FOLLOWING: 18 (A) A REASONABLY SECURE PLACE TO MOUNT THE ELECTRONIC MONI- 19 TORING DEVICE. 20 (B) ACCESS TO A POWER SOURCE FOR THE ELECTRONIC MONITORING 21 DEVICE. 22 (C) NOTICE TO ALL RESIDENTS OF THE RIGHT TO INSTALL AN ELEC- 23 TRONIC MONITORING DEVICE. 24 (3) A NURSING HOME SHALL NOT REFUSE TO ADMIT AN INDIVIDUAL 25 AS A RESIDENT OF OR REMOVE A RESIDENT FROM THE NURSING HOME 26 BECAUSE OF A REQUEST TO INSTALL AN ELECTRONIC MONITORING DEVICE. 06511'02 * 3 1 (4) A NURSING HOME MAY REQUIRE A RESIDENT OR THE RESIDENT'S 2 LEGAL REPRESENTATIVE WHO WISHES TO INSTALL AN ELECTRONIC 3 MONITORING DEVICE TO AUTHORIZE THE INSTALLATION IN WRITING. IF A 4 WRITING IS REQUIRED UNDER THIS SUBSECTION, THE WRITING SHALL BE 5 IN SUBSTANTIALLY THE FOLLOWING FORM: 6 "AUTHORIZATION FOR THE USE OF AN ELECTRONIC MONITORING DEVICE 7 I, THE RESIDENT, ___________________, OR I, ____________________, 8 RESIDENT GUARDIAN 9 THE GUARDIAN OF THE RESIDENT, __________________________________, 10 RESIDENT 11 OR I, __________________________________, THE RESIDENT'S AGENT OR 12 AGENT OR DURABLE POWER OF ATTORNEY 13 DURABLE POWER OF ATTORNEY OF THE RESIDENT, ____________________, 14 RESIDENT 15 HEREBY AUTHORIZE THE USE OF AN ELECTRONIC MONITORING DEVICE TO 16 MONITOR AND RECORD MY PERSON, _________________, OR THE RESIDENT, 17 RESIDENT 18 __________________, IN THE NURSING HOME, ___________________, FOR 19 RESIDENT 20 ANY AND ALL PURPOSES INCLUDING, BUT NOT LIMITED TO, THE TREATMENT 21 OF MY PERSON AND TO SAFEGUARD MY PROPERTY. 22 23 THIS AUTHORIZATION IS SUBJECT TO MY REVOCATION IN 24 WRITING AT ANY TIME. THE RESIDENT'S GUARDIAN, AGENT, 25 OR DURABLE POWER OF ATTORNEY SHALL NOT WITNESS THE 26 SIGNING OF THIS DOCUMENT. 27 28 29 30 31 ________________________________ OR 32 WITNESSED BY: RESIDENT 33 34 35 36 _________________________ ________________________________ OR 37 RESIDENT'S GUARDIAN 38 39 40 06511'02 * 4 1 _________________________ __________________________________ 2 AGENT OR DURABLE POWER OF ATTORNEY 3 4 5 DATE SIGNED: ___________ DATE SIGNED: ___________________". 6 (5) SUBJECT TO THE MICHIGAN RULES OF EVIDENCE, A TAPE OR 7 OTHER RECORDING CREATED BY AN ELECTRONIC MONITORING DEVICE UNDER 8 THIS SECTION IS ADMISSIBLE IN EITHER A CIVIL OR A CRIMINAL ACTION 9 BROUGHT IN A COURT IN THIS STATE. 10 (6) AN OWNER OR OPERATOR OR EMPLOYEE OF A NURSING HOME WHO 11 VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY 12 IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN 13 $2,000.00, OR BOTH. 14 (7) AN INDIVIDUAL WHO WILLFULLY AND WITHOUT THE CONSENT OF 15 THE RESIDENT OR THE RESIDENT'S LEGAL REPRESENTATIVE HAMPERS, 16 OBSTRUCTS, TAMPERS WITH, OR DESTROYS THE RESIDENT'S OR LEGAL 17 REPRESENTATIVE'S ELECTRONIC MONITORING DEVICE OR ITS FILM, TAPE, 18 OR OTHER RECORDING MEDIUM IS GUILTY OF A MISDEMEANOR PUNISHABLE 19 BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE 20 THAN $2,000.00, OR BOTH. 21 (8) AS USED IN THIS SECTION, "ELECTRONIC MONITORING DEVICE" 22 MEANS A VIDEO SURVEILLANCE CAMERA, AN AUDIO DEVICE, A VIDEO TELE- 23 PHONE, AN INTERNET VIDEO SURVEILLANCE DEVICE, OR A SIMILAR DEVICE 24 DESIGNED TO CAPTURE THE AUDIO RECORDINGS OR VISUAL IMAGES OF ITS 25 SURROUNDINGS. 06511'02 * Final page. 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