Bill Summary – FastDemocracy

8094.01000
     Sixty-sixth
     Legislative Assembly                    SENATE BILL NO. 2113
     of North Dakota
     Introduced by
       Human Services Committee
       (At the request of the Department of Human Services)
  A BILL for an Act to create and enact a new section to chapter 50-10.2 of the North Dakota
  Century Code, relating to authorized electronic monitoring of facility residents; to amend and
  reenact sections 12.1-31-14 and 50-10.2-01 of the North Dakota Century Code, relating to
  authorized electronic monitoring of facility residents and privacy; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 12.1-31-14 of the North Dakota Century Code is
  amended and reenacted as follows:
      12.1-31-14. Surreptitious intrusion or interference with privacy.
      1.   An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
          interfere with the privacy of another, the individual:
          a.     Enters upon another's property and surreptitiously gazes, stares, or peeps into a
                 house or place of dwelling of another; or
          b.     Enters upon another's property and surreptitiously installs or uses any device for
                 observing, photographing, recording, amplifying, or broadcasting sounds or
                 events from a house or place of dwelling of another.
     2.   An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
          interfere with the privacy of an occupant, the individual:
          a.     Surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a
                 hotel, or other place where a reasonable individual would have an expectation of
                 privacy; or
          b.     Surreptitiously installs or uses any device for observing, photographing,
                 recording, amplifying, or broadcasting sounds or events from a tanning booth, a
                 sleeping room in a hotel, or other place where a reasonable individual would
                 have an expectation of privacy.
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      3.   In a prosecution under this section, it is an affirmative defense that an individual was
           acting pursuant to section 3 of this Act.
     SECTION 2. AMENDMENT. Section 50-10.2-01 of the North Dakota Century Code is
  amended and reenacted as follows:
     50-10.2-01. Definitions.
     In this chapter, unless the context or subject matter otherwise requires:
      1.   "Authorized electronic monitoring" means the placement and use of an authorized
           electronic monitoring device, by a resident or resident representative, in the resident's
           room.
     2.   "Authorized electronic monitoring device" means video surveillance cameras,
          monitoring devices, web-based cameras, video phones, or audio recording or
          transmitting devices, or a combination of these devices, installed in the room of a
          resident which are designed to acquire, transmit, broadcast, interact, or record video,
          communications, or other sounds occurring in the room. The term does not include still
          cameras or devices used for the purpose of the resident having contact with another
          person.
     3.   "Conflict of interest" means any type of ownership in a facility or membership on the
          governing body of a facility by a provider of goods or services to that facility or by a
          member of that person'sindividual's immediate family.
   2.4.   "Department" means the department of human services.
   3.5.   "Facility" means a skilled nursing care facility, basic care facility, assisted living facility,
          or swing-bed hospital approved to furnish long-term care services.
   4.6.   "Immediate family" means husband, wife, father, mother, brother, sister, son, daughter,
          father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law,
          stepchild, uncle, aunt, niece, nephew, or grandchild.
   5.7.   "Remodeling" means any alteration in structure, refurbishing, or repair that would:
          a.   Prevent the facility staff from providing customary and required care; or
          b.   Seriously endanger or inconvenience any resident with noise, dust, fumes,
               inoperative equipment, or the presence of remodeling workers.
   6.8.   "Resident" means a personan individual residing in a facility.
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      9.   "Resident representative" means a person authorized to act as a resident's agent
           under power of attorney for health care or guardianship.
     SECTION 3. A new section to chapter 50-10.2 of the North Dakota Century Code is created
  and enacted as follows:
     Authorized electronic monitoring - Penalty.
      1.   A facility shall permit a resident or the resident representative to conduct authorized
           electronic monitoring of the resident's room through an authorized electronic
           monitoring device if:
           a.   The authorized electronic monitoring device is placed in the resident's room;
          b.   The placement of the electronic monitoring device is focused only on the area
               occupied by the resident and not on the area occupied by the resident's
               roommate;
          c.   The facility is given notice of the placement and use;
          d.   A tape or recording created using an authorized electronic monitoring device
               records the date and time;
          e.   All costs, except for electricity, associated with the authorized electronic
               monitoring device, including installation, operation, removal, repairs, room
               damage, and maintenance, are paid by the resident or resident representative
               who initiated the use of the authorized electronic monitoring device;
          f.   Written consent is given by each resident occupying the same room, or by that
               resident's resident representative in accordance with subsection 3; and
          g.   The notice to the facility of a resident's or resident representative's intent to place
               and use authorized electronic monitoring, as well as the consent of any resident,
               or that resident's resident representative, occupying the same room must include
               a release of liability for the facility for a violation of the resident's right to privacy
               to the extent the use of the authorized electronic monitoring device is concerned.
     2.   The facility shall cooperate to accommodate the placement of the authorized
          electronic monitoring device, unless doing so would place undue burden on the facility.
     3.   Before placing and using the authorized electronic monitoring device, a resident or
          resident representative shall obtain the written consent of any other resident residing
          in the room. The consent may be given by that resident's resident representative.
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           a.   The resident's or the resident representative's consent may limit the use of an
                authorized electronic monitoring device, including the time of operation, direction,
                focus, and use of visual or audio recording or transmission.
           b.   At any time, a resident or resident representative may request the authorized
                electronic monitoring device be turned off or the visual or audio recording or
                transmitting component of the authorized electronic monitoring device be
                blocked.
      4.   If a resident or resident representative withdraws consent, the resident or resident
           representative who initiated the use of the authorized electronic monitoring device
          shall disable the authorized electronic monitoring device until accommodations can be
          made.
     5.   The facility shall make a reasonable attempt to accommodate a resident if a resident
          or resident representative of a resident who is residing in a shared room wants to have
          an authorized electronic monitoring device placed in the room and another resident
          living in the same shared room refuses to consent to the use of the authorized
          electronic monitoring device. A reasonable attempt to accommodate includes the
          facility offering to move either resident to another shared room that is available at the
          time of the request. The facility shall continue to review options of roommates and
          room sharing until the request can be fulfilled.
     6.   If authorized electronic monitoring is being conducted in the room of a resident, the
          facility shall make a reasonable attempt to not move another resident into the room
          unless the resident or resident representative has consented to the use of the existing
          authorized electronic monitoring.
     7.   A facility may not refuse to admit an individual and may not remove a resident from a
          facility because of authorized electronic monitoring of a resident's room. A person may
          not intentionally retaliate or discriminate against a resident for consent to authorized
          electronic monitoring.
     8.   A facility clearly and conspicuously shall post a sign at or near the facility's main
          entrance which states authorized electronic monitoring devices may be in use in the
          facility and at the entrance of a resident's room where authorized electronic monitoring
          is being conducted.
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      9.   A facility or staff of the facility may not access any video or audio recording created
           through an authorized electronic monitoring device placed in a resident's room without
           the written consent of the resident or resident representative or court order.
     10.   A person that intentionally hampers, obstructs, tampers with, or destroys a recording
           or an authorized electronic monitoring device placed in a resident's room, without the
           express written consent of the resident or resident representative, is subject to a
           class B misdemeanor. A person that places an electronic monitoring device in the
           room of a resident or which uses or discloses a tape or other recording made by the
           device may be civilly liable for any unlawful violation of the privacy rights of another.
    11.   A person may not intercept a communication or disclose or use an intercepted
          communication of an authorized electronic monitoring device placed in a resident's
          room, without the express written consent of the resident or the resident
          representative.
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Statutes affected: 
INTRODUCED: 12.1-31-14, 50-10.2-01
FIRST ENGROSSMENT: 12.1-31-14, 50-10.2-01
Enrollment: 12.1-31-14, 50-10.2-01