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2003 SESSION

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SB 922 Electronic monitoring;nursing homes;detect abuse,neglect of residents.

Introduced by: Leslie L. Byrne | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Electronic monitoring in nursing homes to detect abuse and neglect of the elderly and disabled residents. Requires the Board of Health to include, in its regulations to license nursing homes, provisions to authorize the use of electronic monitoring devices in the room of a resident of a nursing home or certified nursing facility for the purpose of detecting abuse or neglect of elderly or disabled persons that take into consideration Virginia law relating to nonconsensual interception of wire or electronic communications, privacy rights, notice requirements, covert and noncovert placements of such devices, and potential violations of existing civil and criminal law. Such regulations must include, but need not be limited to, (i) a description of appropriate electronic monitoring devices that may be used; (ii) a consent form recognizing the sole right of a resident who is capable of making an informed decision to make such request and, in the case of a resident who is not capable of making an informed decision, the resident's legally authorized representative; (iii) a form releasing the nursing home or nursing facility from civil liability for violation of the privacy rights of the resident who is the subject of the request as well as any other residents in the same room; (iv) a form to provide other residents in the same room the opportunity to consent to such electronic monitoring devices or to be provided privacy protections from the electronic monitoring devices or to be moved to another room, in so far as possible; (v) a procedure to cease any electronic monitoring upon another resident being moved into the room with the subject resident; (vi) the size and location outside the subject resident's room of conspicuous signs to notify the staff, other residents, and the public of the presence of electronic monitoring devices; (vii) timelines for all procedures that include adequate notice of the commencing of electronic monitoring to the subject resident, all residents, the public and the staff; (viii) the responsibility for reporting abuse and neglect detected via electronic monitoring to adult protective services; (ix) instructions to protect the safety of all residents, staff and the public in the placement, size, and stability of the electronic monitoring devices; (x) protections for the privacy of residents who do not wish to be the subjects of or who object to electronic monitoring; and (xi) penalties for nursing home or certified nursing facility failure to comply with the electronic monitoring requirements. Amendments are provided to the law on Rights and Responsibilities of Patients in Nursing Homes to ensure that residents are notified of the right to request electronic monitoring and to prohibit the transfer or discharge of a patient who requests or indicates that he will request electronic monitoring. A second enactment clause requires the Office of the Attorney General to advise and assist the Board of Health in the development and implementation of the regulations relating to the use of electronic monitoring devices in nursing homes and certified nursing facilities for the purpose of detecting abuse and neglect of the elderly or disabled residents.


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