OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 58 Final Analysis
134th General Assembly
Click here for S.B. 58’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Sens. Antonio and Brenner
Effective date: March 23, 2022
Effective Date:
Emma Carroll, Research Analyst
SUMMARY
 Permits a resident of a long-term care facility (nursing home, skilled nursing facility, or
nursing facility) or the resident’s guardian or attorney in fact to authorize the
installation and use of an electronic monitoring device in the resident’s room under
certain conditions.
 Requires a resident’s roommate to consent to electronic monitoring.
 Requires a long-term care facility to make a reasonable attempt to accommodate a
resident wishing to use electronic monitoring when the resident’s roommate refuses
consent by moving either the resident or the roommate to an available room.
 Permits a long-term care facility to post a notice stating that an electronic monitoring
device is in use in a particular room.
 Prohibits discrimination or retaliation against a resident who authorizes electronic
monitoring, tampering with a device or a recording, and unauthorized viewing or
listening to a recording.
 Designates the act as “Esther’s Law.”
DETAILED ANALYSIS
Electronic monitoring in long-term care facilities
The act permits a long-term care facility resident or the resident’s guardian or attorney
in fact to authorize the installation and use of an electronic monitoring device in the resident’s
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room in a long-term care facility under certain conditions.1 The act defines “electronic
monitoring device” as a surveillance instrument with a fixed position video camera or an audio
recording device, or a combination thereof, that is installed in a resident’s room and broadcasts
or records activities or sounds occurring in the room. A “long-term care facility” is either a
nursing home or a facility (or part of a facility) that is Medicare- or Medicaid-certified as a
skilled nursing facility or nursing facility. A “guardian” is any person, association, or corporation
appointed by the probate court to have the care and management of a person. An “attorney in
fact” is someone who has been designated as such by a durable power of attorney for health
care under Ohio law.2
Conditions
For installation and use of an electronic monitoring device to be authorized, all of the
following conditions must be met:3
 The resident or the resident’s guardian or attorney in fact must complete a form (see
“Form,” below) and submit it to the facility, if required by the facility;
 The cost of the device and of installing, maintaining, and removing the device (other
than the cost of electricity for the device) must be paid by the resident or the resident’s
guardian or attorney in fact; and
 If the resident lives with another a resident (i.e., has a roommate), the roommate or
roommate’s guardian or attorney in fact must consent to the use of the electronic
monitoring device in the room by completing the specified portion of a form, if such a
form is required by the facility.
A resident who has authorized the installation and use of an electronic monitoring
device may withdraw that authorization at any time. A roommate also may withdraw consent
to the monitoring at any time.4
Roommate situations
If a resident wishes to use an electronic monitoring device, but the resident’s roommate
or the roommate’s guardian or attorney in fact refuses to consent, the long-term care facility
must make a reasonable attempt to accommodate the resident by moving either the resident
or the roommate to an available room. The act also authorizes a roommate or his or her
guardian or attorney in fact to place conditions on consent, including pointing the device away
1 R.C. 3721.61(A).
2 R.C. 3721.60; See R.C. 1337.11 to 1337.17 and 2111.01(A), not in the act.
3 R.C. 3721.61 and 3721.62(A).
4 R.C. 3721.62(C).
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from the roommate or limiting or prohibiting the use of certain devices. If conditions are placed
on consent, the device must be installed and used according to those conditions.5
Form
A long-term care facility may prescribe a form for use by a resident or a resident’s
guardian or attorney in fact seeking to authorize the installation and use of an electronic
monitoring device. If the facility prescribes a form, it must, at a minimum, include all of the
following:6
 An explanation of the act’s provisions;
 An acknowledgement that the resident or the resident’s guardian or attorney in fact has
consented to the installation and use of the device in the resident’s room;
 If the resident has a roommate, an acknowledgment that the roommate or roommate’s
guardian or attorney in fact has consented to the installation and use of the device and
a description of any conditions placed on that consent;
 A section for providing the facility with information regarding the type, function, and
use of the device to be installed and used; and
 A section stating that the facility is released from liability in any civil or criminal action or
administrative proceeding for a violation of the resident’s right to privacy in connection
with using the device.
Notice
The act permits a long-term care facility to post a notice in a conspicuous place at the
entrance to a resident’s room stating that an electronic monitoring device is in use in that
room.7
Law enforcement exemption
The act’s provisions regarding the installation and use of an electronic monitoring device
do not apply if an electronic monitoring device is installed by a law enforcement agency and
used solely for a legitimate law enforcement purpose.8
Prohibitions
The act prohibits a person or resident from being denied admission to, or being
discharged from, a long-term care facility or otherwise being discriminated or retaliated against
because of the decision to authorize the installation and use of an electronic monitoring device
5 R.C. 3721.62(B).
6 R.C. 3721.63.
7 R.C. 3721.64.
8 R.C. 3721.68.
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in a resident’s room. The penalty for a violation of this prohibition is a fine of $100 for a first
offense and $500 for each subsequent offense.9
The act also prohibits any person other than the resident or resident’s guardian or
attorney in fact who authorized the installation and use of an electronic monitoring device from
intentionally obstructing, tampering with, or destroying the device or a recording made by the
device. A person who violates this prohibition is guilty of tampering with an electronic
monitoring device, a misdemeanor of the first degree.10
Further, the act prohibits any person other than the resident, the resident’s guardian or
attorney in fact, or law enforcement personnel from intentionally viewing or listening to the
images displayed or sounds recorded by an electronic monitoring device, unless the person has
been authorized to do so by the resident or the resident’s guardian or attorney in fact.11
Rules
The act permits the Director of Health to adopt rules as necessary to implement its
provisions. The rules must be adopted in accordance with the Administrative Procedure Act
(R.C. Chapter 119).12
Designation
The act is designated as “Esther’s Law.”13
HISTORY
Action Date
Introduced 02-09-21
Reported, S. Health 05-19-21
Passed Senate (32-0) 05-19-21
Reported, H. Families, Aging, & Human Services 11-01-21
Passed House (87-0) 11-18-21
Senate concurred in House amendments (33-0) 12-08-21
21-SB58-134/ec
9 R.C. 3721.65 and 3721.99(A).
10 R.C. 3721.66(A) and 3721.99(D).
11 R.C. 3721.66(B) and (C).
12 R.C. 3721.67.
13 Section 3.
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Statutes affected:
As Introduced: 3721.99
As Reported By Senate Committee: 3721.99
As Passed By Senate: 3721.99
As Reported By House Committee: 3721.99
As Passed By House: 3721.99
As Enrolled: 3721.99