Existing law establishes certain duties of a medical facility, including a facility for skilled nursing, and specific rights of a patient in such a facility. (NRS 449A.100-449A.124) Sections 3-7 of this bill define certain terms. Section 9 of this bill authorizes a patient in a facility for skilled nursing or the representative of such a patient to request the installation and use of an electronic communication device in the living quarters of the patient under certain circumstances. Among other requirements, section 9 requires the patient or representative of the patient to: (1) agree to waive the right to privacy of the patient; and (2) obtain the consent of the roommate of the patient or his or her representative, if applicable. Section 8 of this bill prescribes the requirements to act as the representative of a patient or roommate for those purposes. Section 9 requires a facility for skilled nursing to make reasonable efforts to accommodate a patient whose roommate fails to provide such consent. Section 9 also authorizes a patient, representative or roommate to revoke a request for, or consent to, the installation and use of an electronic communication device. Section 9 requires a facility for skilled nursing to approve a request for the installation and use of an electronic communication device if the applicable requirements are met. If such approval is granted, section 10 of this bill provides that the patient or his or her representative is responsible for: (1) choosing the electronic communication device, subject to certain limitations; and (2) the cost of installing, maintaining and removing the electronic communication device and any repairs required due to the installation or removal of the electronic communication device. Section 11 of this bill generally prohibits a person other than the patient or the representative for the patient who has requested the installation and use of an electronic communication device from intentionally: (1) obstructing, tampering with or destroying any such device or recording made by such a device; and (2) viewing or listening to any images or sounds which are displayed, broadcast or recorded by any such device except as otherwise authorized. Section 11 authorizes an attorney for a patient or certain government officials to view or listen to any images or sounds which are displayed, broadcast or recorded by an electronic communication device or to temporarily disable or turn off such a device. Sections 9 and 11 authorize a patient or the representative of a patient to authorize additional persons to view or listen to images or sounds which are displayed, broadcast or recorded by an electronic communication device. Section 11 prohibits a facility for skilled nursing from denying admission to or discharging a patient from the facility or otherwise discriminating or retaliating against a patient because of a decision to request the installation and use of an electronic communication device. Section 12 of this bill subjects a person or entity who violates the provisions of section 11 to certain civil and criminal penalties, and section 1 of this bill subjects a facility for skilled nursing that violates the provisions of sections 3-14 of this bill to disciplinary action. Section 13 of this bill: (1) requires a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters; and (2) prohibits an employee at a facility for skilled nursing from refusing to enter the living quarters of a patient or fail to perform any of the duties of the employee on the grounds that an electronic communication device is in use in the living quarters. Section 14 of this bill: (1) authorizes the State Board of Health to adopt regulations necessary to carry out the provisions of sections 3-14; and (2) makes the provisions of sections 3-14 inapplicable to an electronic communication device that is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.

Statutes affected:
As Introduced: 449.160
Reprint 1: 449.160
Reprint 2: 449.160
Reprint 3: 449.160
As Enrolled: 449.160
BDR: 449.160