As Introduced
135th General Assembly
Regular Session S. B. No. 314
2023-2024
Senator Ingram
Cosponsors: Senators Hicks-Hudson, Antonio, Smith, DeMora
A BILL
To amend sections 3721.60, 3721.61, 3721.62, 1
3721.63, 3721.65, and 3721.66 of the Revised 2
Code to make changes regarding electronic 3
monitoring of a resident's room in a long-term 4
care facility. 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3721.60, 3721.61, 3721.62, 6
3721.63, 3721.65, and 3721.66 of the Revised Code be amended to 7
read as follows: 8
Sec. 3721.60. As used in sections 3721.60 to 3721.67 of 9
the Revised Code: 10
(A) "Attorney in fact" means a person designated as such 11
by a durable power of attorney for health care executed pursuant 12
to sections 1337.11 to 1337.17 of the Revised Code. 13
(B) "Designated sponsor" means a sponsor, as defined in 14
section 3721.10 of the Revised Code, that is selected by a 15
resident. 16
(C) "Electronic monitoring device" means a surveillance 17
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As Introduced
instrument with a fixed position video camera or an audio 18
recording device, or a combination thereof, that is installed in 19
a resident's room and broadcasts or records activities or sounds 20
occurring in the room. 21
(C) "Guardian" has the same meaning as in section 2111.01 22
of the Revised Code. 23
(D) "Long-term care facility" has the same meaning as in 24
section 3721.21 of the Revised Code and also includes a 25
residential care facility as defined in section 3721.01 of the 26
Revised Code. 27
(E) "Resident" means an individual who resides in a long- 28
term care facility. 29
Sec. 3721.61. (A) Subject to section 3721.62 of the 30
Revised Code, a resident or a resident's guardian designated 31
sponsor or attorney in fact may authorize the installation and 32
use of an electronic monitoring device in the resident's room in 33
a long-term care facility. The resident, designated sponsor, or 34
attorney in fact may select the electronic monitoring device. 35
(B) The installation and use of an electronic monitoring 36
device may be authorized only if both of the following 37
conditions are met: 38
(1) If a long-term care facility has prescribed a form 39
described in section 3721.63 of the Revised Code, the resident 40
or resident's guardian designated sponsor or attorney in fact 41
completes the form and submits it to the facility. 42
(2) The Subject to division (C) of this section, the cost 43
of the device and the cost of installing, maintaining, and 44
removing the device, other than the cost of electricity for the 45
device, is paid for by the resident or the resident's guardian 46
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As Introduced
designated sponsor or attorney in fact. 47
(C) (C)(1) A long-term care facility may charge a fee for 48
the installation of an electronic monitoring device in a 49
resident's room. The fee shall not exceed fifty dollars. 50
(2) A long-term care facility may charge a fee to provide 51
an internet connection for the installation and use of an 52
electronic monitoring device in a resident's room. The fee shall 53
not exceed two dollars per month. 54
(D) A resident who has authorized the installation and use 55
of an electronic monitoring device may withdraw that 56
authorization at any time. 57
Sec. 3721.62. (A) If a resident wishing to conduct 58
authorized electronic monitoring of the resident's room lives 59
with another resident in a long-term care facility, the consent 60
of the other resident or the other resident's guardian 61
designated sponsor or attorney in fact to the installation and 62
use of an electronic monitoring device in the room is required 63
before any installation or use of such a device may occur. If 64
the long-term care facility has prescribed a form described in 65
section 3721.63 of the Revised Code, the other resident or other 66
resident's guardian designated sponsor or attorney in fact shall 67
consent by completing the relevant part of the form. 68
(B)(1) If a resident living in a room with another 69
resident wishes to conduct authorized electronic monitoring of 70
the resident's room, but the other resident or other resident's 71
guardian designated sponsor or attorney in fact refuses to 72
consent to the installation and use of an electronic monitoring 73
device, the facility shall make a reasonable attempt to 74
accommodate the resident wishing to conduct authorized 75
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As Introduced
electronic monitoring by moving either resident to another 76
available room with the consent of the resident being moved or 77
resident's guardian designated sponsor or attorney in fact. 78
(2) In the case of a resident living in a room with 79
another resident, the other resident or other resident's 80
guardian designated sponsor or attorney in fact may place 81
conditions on any consent to the installation and use of an 82
electronic monitoring device, including conditions such as 83
pointing the device away from the other resident or limiting or 84
prohibiting the use of certain devices. If conditions are placed 85
on consent, the device shall be installed and used according to 86
those conditions. 87
(C) A resident whose consent is required under this 88
section may withdraw that consent at any time. 89
Sec. 3721.63. A long-term care facility may prescribe a 90
form for use by a resident or resident's guardian designated 91
sponsor or attorney in fact seeking to authorize the 92
installation and use of an electronic monitoring device in the 93
resident's room in a long-term care facility. If a long-term 94
care facility prescribes a form, it shall, at a minimum, include 95
all of the following: 96
(A) An explanation of sections 3721.60 to 3721.67 of the 97
Revised Code; 98
(B) An acknowledgment that the resident or resident's 99
guardian designated sponsor or attorney in fact has consented to 100
the installation and use of the device in the resident's room; 101
(C) In the case of a resident who lives in a room with 102
another resident, an acknowledgment that the other resident or 103
other resident's guardian designated sponsor or attorney in fact 104
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As Introduced
has consented to the installation and use of the device and a 105
description of any conditions placed on that consent pursuant to 106
division (B)(2) of section 3721.62 of the Revised Code; 107
(D) A section for providing the facility with information 108
regarding the type, function, and use of the device selected by 109
the resident or the resident's designated sponsor or attorney in 110
fact to be installed and used; 111
(E) A section stating that the facility is released from 112
liability in any civil or criminal action or administrative 113
proceeding for a violation of the resident's right to privacy in 114
connection with using the device. 115
Sec. 3721.65. No person or resident long-term care 116
facility shall be denied do either of the following: 117
(A) Prohibit the installation and use of an electronic 118
monitoring device that has two-way audio and video communication 119
abilities; 120
(B) Deny admission to or discharged discharge from a long- 121
term care facility or otherwise discriminated discriminate or 122
retaliated retaliate against a person or resident because of the 123
decision to authorize the installation and use of an electronic 124
monitoring device in a resident's room in the facility. 125
Sec. 3721.66. (A) No person other than the resident or 126
resident's guardian designated sponsor or attorney in fact who 127
authorized the installation and use of an electronic monitoring 128
device in the resident's room in a long-term care facility shall 129
intentionally obstruct, tamper with, or destroy the device or a 130
recording made by the device. 131
(B) Except as provided in division (C) of this section, no 132
person other than the following shall intentionally view or 133
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listen to the images displayed or sounds recorded by an 134
electronic monitoring device installed in a resident's room: 135
(1) The resident; 136
(2) The resident's guardian designated sponsor or attorney 137
in fact; 138
(3) Law enforcement personnel. 139
(C) A resident or resident's guardian designated sponsor 140
or attorney in fact may authorize a person to view or listen to 141
the images displayed or sounds recorded by an electronic 142
monitoring device installed in a resident's room. 143
Section 2. That existing sections 3721.60, 3721.61, 144
3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code are 145
hereby repealed. 146


Statutes affected:
As Introduced: 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, 3721.66