Bill > HB2914

This bill establishes new regulations in Arizona regarding the use of electronic monitoring devices within nursing care institutions and assisted living facilities, defining terms like "authorized representative" (someone legally empowered to make decisions for a resident) and "electronic monitoring" (the use of devices to record sound or activity in a resident's room). It grants residents or their authorized representatives the right to install and use such devices, provided they notify the facility in writing using a specific form created by the Department of Health Services, detailing the device's type, purpose, and operational conditions, including when it can be turned off for privacy during examinations, bathing, or visits. The bill also addresses situations involving roommates, requiring their consent for monitoring in shared spaces and outlining procedures for accommodation if consent is refused, such as offering a room transfer at the resident's expense. Residents are responsible for all costs associated with the devices, while facilities must post signs indicating the potential presence of monitoring equipment and are generally not liable for device malfunctions or breaches of privacy unless caused by their staff, though they must develop policies to inform employees about monitoring and address employee refusal to enter monitored rooms. The bill also clarifies that recordings are the resident's personal property, restricts access to them except under specific circumstances like investigations or with explicit permission, and prohibits contracts that would override these rights, with the Department of Health Services empowered to assess civil penalties for violations.

Health and Social Services

https://apps.azleg.gov/BillStatus/BillOverview/84815