PRINTER'S NO. 1544
No. 1315 Session of 2001
INTRODUCED BY CREIGHTON, APRIL 9, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2001
AN ACT
1 Providing for electronic monitoring of residents of nursing
2 homes; and providing for penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Nursing Home
7 Electronic Monitoring Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Electronic monitoring device." An electronic monitoring
13 device used to monitor an area, including, but not limited to, a
14 video surveillance camera, an audio device, a video telephone or
15 an Internet video surveillance device.
16 "Nursing home." Any institution or facility in which nursing
17 care and related medical or other health services are provided
1 for a period exceeding 24 hours, for two or more individuals who
2 are not relatives of the administrator, who are not acutely ill
3 and who are not in need of hospitalization, but who, because of
4 age, illness, disease, injury, convalescence or physical or
5 medical infirmity, need such care.
6 Section 3. Monitoring.
7 (a) General rule.--A nursing home shall permit a resident or
8 legal representative of the resident to monitor the resident
9 through the use of electronic monitoring devices. An
10 administrator of a nursing home may require a resident or legal
11 representative of the resident who wishes to install an
12 electronic monitoring device to submit the request in writing.
13 (b) Posting of notice.--A nursing home shall require a
14 resident or the legal representative of the resident to post a
15 notice on the door of the resident's room which states that the
16 room is being monitored by an electronic monitoring device.
17 (c) Requirements.--Monitoring of a resident conducted
18 pursuant to this act shall:
19 (1) Be noncompulsory and at the election of the resident
20 or legal representative of the resident.
21 (2) Be funded by the resident or legal representative of
22 the resident.
23 (3) Be done in a manner that protects the privacy rights
24 of other residents and visitors to the nursing home to the
25 extent reasonably possible.
26 Section 4. Refusal of admittance.
27 A nursing home shall not refuse to admit an individual as a
28 resident nor shall it remove or discharge a resident from the
29 nursing home based on a request for electronic monitoring.
30 Section 5. Duties of nursing home.
20010H1315B1544 - 2 -
1 A nursing home shall make reasonable physical accommodation
2 for electronic monitoring by providing a reasonably secure place
3 to mount the electronic monitoring device and providing access
4 to power sources. A nursing home shall also inform a resident or
5 the legal representative of the resident of the resident's right
6 to electronic monitoring.
7 Section 6. Plain view.
8 A nursing home may request that a resident or a legal
9 representative of the resident conduct electronic monitoring of
10 the resident in plain view.
11 Section 7. Evidence.
12 Nothing under this act shall be construed as barring a video
13 or audio tape or other recording medium from being used as
14 evidence in a civil or criminal or administrative action.
15 Section 8. Penalties.
16 (a) Operation.--Any person who operates a nursing home in
17 violation of the provisions of this act commits a misdemeanor.
18 (b) Obstruction.--Any person who willfully and without the
19 consent of a resident or the legal representative of the
20 resident hampers, obstructs, tampers with or destroys an
21 electronic monitoring device or tape or other recording medium
22 commits a misdemeanor.
23 Section 9. Regulations.
24 The Department of Public Welfare may promulgate regulations
25 to administer this act.
26 Section 10. Effective date.
27 This act shall take effect in 60 days.
D5L35MSP/20010H1315B1544 - 3 -