ROBERT L: EHRLICH, JR., Governor                             Ch. 409

(2) "ELECTRONIC MONITORING DEVICE" INCLUDES A VIDEO

SURVEILLANCE CAMERA, AN AUDIO DEVICE, A VIDEO TELEPHONE, AND AN
INTERNET VIDEO SURVEILLANCE DEVICE.

(3) (I) "RELATED INSTITUTION" MEANS AN ORGANIZED INSTITUTION,
ENVIRONMENT, OR HOME THAT;

1. MAINTAINS CONDITIONS OR FACILITIES AND EQUIPMENT
TO PROVIDE DOMICILIARY, PERSONAL, OR NURSING CARE FOR TWO OR MORE
UNRELATED INDIVIDUALS WHO ARE DEPENDENT ON THE ADMINISTRATOR,
OPERATOR, OR PROPRIETOR FOR NURSING CARE OR THE SUBSISTENCE OF DAILY
LIVING IN A SAFE, SANITARY, AND HEALTHFUL ENVIRONMENT; AND

2. ADMITS OR RETAINS THE INDIVIDUALS FOR OVERNIGHT
CARE.

(II) "RELATED INSTITUTION" INCLUDES A NURSING FACILITY OR
VISITING NURSE SERVICE THAT IS CONDUCTED ONLY BY OR FOR ADHERENTS OF A
BONA FIDE CHURCH OR RELIGIOUS ORGANIZATION, IN ACCORDANCE WITH TENETS
AND PRACTICES THAT INCLUDE RELIANCE ON TREATMENT BY SPIRITUAL MEANS
ALONE FOR HEALING.

(B) (1) A RELATED INSTITUTION SHALL PERMIT A RESIDENT OR LEGAL
REPRESENTATIVE OF THE RESIDENT TO MONITOR THE RESIDENT THROUGH THE
USE OF ELECTRONIC MONITORING DEVICES.

(2) (I) A RELATED INSTITUTION SHALL REQUIRE A RESIDENT WHO
ENGAGES IN ELECTRONIC MONITORING TO POST A NOTICE ON THE DOOR OF THE
RESIDENT'S ROOM.

(II) THE NOTICE MUST STATE THAT THE ROOM IS BEING
MONITORED BY AN ELECTRONIC MONITORING DEVICE.

(3) BEFORE BEGINNING ELECTRONIC MONITORING, A RELATED
INSTITUTION SHALL REQUIRE A RESIDENT WHO WISHES TO ENGAGE IN ELECTRONIC
MONITORING AND SHARES A ROOM WITH ANOTHER RESIDENT TO OBTAIN THE
WRITTEN CONSENT FROM THE OTHER RESIDENT OR THE LEGAL REPRESENTATIVE
OF THE OTHER RESIDENT.

(4) MONITORING CONDUCTED UNDER THIS SECTION SHALL:

(I) BE NONCOMPULSORY AND AT THE ELECTION OF THE
RESIDENT OR LEGAL REPRESENTATIVE OF THE RESIDENT;

(II) BE FUNDED BY THE RESIDENT OR LEGAL REPRESENTATIVE OF
THE RESIDENT; AND

(III) PROTECT THE PRIVACY. RIGHTS OF OTHER RESIDENTS AND
VISITORS TO THE RELATED INSTITUTION TO THE EXTENT REASONABLY POSSIBLE.

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