Ch. 409                                    2003 LAWS OF MARYLAND

Rules of Evidence; requiring the Department of Health and Mental Hygiene to
develop guidelines for nursing homes that elect to use electronic monitoring
with certain consent; requiring the Department to report on the guidelines to
certain committees of the General Assembly on or before a certain date; and
generally relating to guidelines for electronic monitoring in related institutions
nursing facilities.

BY adding to

Article—Courts and Judicial Proceedings
Section 10-402(c)(10)
Annotated Code of Maryland
(2002 Replacement Volume)

BY adding to

Article—Health—General

Section 19-343.1

Annotated Code of Maryland

(2000 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article—Courts and Judicial Proceedings

10-402.

(C) (10) (I) IN THIS PARAGRAPH, "RELATED INSTITUTION" HAS THE
MEANING STATED IN § 10 313.1 OF THE HEALTH - GENERAL ARTICLE.

(II) IT IS LAWFUL UNDER THIS SUBTITLE FOR A PERSON TO
INTERCEPT A WIRE, ORAL, OR ELECTRONIC COMMUNICATION IN A RELATED
INSTITUTION IF THE PERSON:

1. IS A RESIDENT OF THE RELATED INSTITUTION OR THE
LEGAL REPRESENTATIVE OF A RESIDENT;

2. CONDUCTS THE ELECTRONIC MONITORING IN THE
RESIDENT'S ROOM IN THE RELATED INSTITUTION; AND

3. POSTS A NOTICE ON THE DOOR OF THE RESIDENT'S ROOM
STATING THAT THE ROOM IS BEING MONITORED BY AN ELECTRONIC MONITORING
DEVICE.

Article—Health—General

19-343.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

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