(Text of Section before amendment by P

(Text of Section before amendment by P.A. 104-494) Sec. 20. Notice to the facility. (a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the facility. (b) A resident shall notify the facility in writing of his or her intent to install an electronic monitoring device by providing a completed notification and consent form prescribed by the Department that must include, at minimum, the following information: (1) the resident's signed consent to electronic monitoring or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act; if a person other than the resident signs the consent form, the form must document the following: (A) the date the resident was asked if he or she wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15; (B) who was present when the resident was asked; and (C) an acknowledgement that the resident did not affirmatively object; and (2) the resident's roommate's signed consent or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act, if applicable, and any conditions placed on the roommate's consent; if a person other than the roommate signs the consent form, the form must document the following: (A) the date the roommate was asked if he or she wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15; (B) who was present when the roommate was asked; and (C) an acknowledgement that the roommate did not affirmatively object; and (3) the type of electronic monitoring device to be used; (4) any installation needs, such as mounting of a device to a wall or ceiling; (5) the proposed date of installation for scheduling purposes; (6) a copy of any contract for maintenance of the electronic monitoring device by a commercial entity; (7) a list of standard conditions or restrictions that the resident or a roommate may elect to place on use of the electronic monitoring device, including, but not limited to: (A) prohibiting audio recording; (B) prohibiting broadcasting of audio or video; (C) turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device for the duration of an exam or procedure by a health care professional; (D) turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device while dressing or bathing is performed; and (E) turning the electronic monitoring device off for the duration of a visit with a spiritual advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor; and (8) any other condition or restriction elected by the resident or roommate on the use of an electronic monitoring device. (c) A copy of the completed notification and consent form shall be placed in the resident's and any roommate's clinical record and a copy shall be provided to the resident and his or her roommate, if applicable. (d) The Department shall prescribe the notification and consent form required in this Section no later than 60 days after the effective date of this Act. If the Department has not prescribed such a form by that date, the Office of the Attorney General shall post a notification and consent form on its website for resident use until the Department has prescribed the form. (Source: P.A. 99-430, eff. 1-1-16.) (Text of Section after amendment by P.A. 104-494) Sec. 20. Notice to the facility or establishment. (a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the facility or establishment. (b) A resident shall notify the facility or establishment in writing of his or her intent to install an electronic monitoring device by providing a completed notification and consent form prescribed by the Department that must include, at minimum, the following information: (1) the resident's signed consent to electronic monitoring or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act; if a person other than the resident signs the consent form, the form must document the following: (A) the date the resident was asked if he or she wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15; (B) who was present when the resident was asked; and (C) an acknowledgement that the resident did not affirmatively object; and (2) the resident's roommate's signed consent or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act, if applicable, and any conditions placed on the roommate's consent; if a person other than the roommate signs the consent form, the form must document the following: (A) the date the roommate was asked if he or she wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15; (B) who was present when the roommate was asked; and (C) an acknowledgement that the roommate did not affirmatively object; and (3) the type of electronic monitoring device to be used; (4) any installation needs, such as mounting of a device to a wall or ceiling; (5) the proposed date of installation for scheduling purposes; (6) a copy of any contract for maintenance of the electronic monitoring device by a commercial entity; (7) a list of standard conditions or restrictions that the resident or a roommate may elect to place on use of the electronic monitoring device, including, but not limited to: (A) prohibiting audio recording; (B) prohibiting broadcasting of audio or video; (C) turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device for the duration of an exam or procedure by a health care professional; (D) turning off the electronic monitoring device or blocking the visual recording component of the electronic monitoring device while dressing or bathing is performed; and (E) turning the electronic monitoring device off for the duration of a visit with a spiritual advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor; and (8) any other condition or restriction elected by the resident or roommate on the use of an electronic monitoring device. (c) A copy of the completed notification and consent form shall be placed in the resident's and any roommate's clinical record and a copy shall be provided to the resident and his or her roommate, if applicable. (d) The Department shall prescribe the notification and consent form required in this Section no later than 60 days after the effective date of this Act. If the Department has not prescribed such a form by that date, the Office of the Attorney General shall post a notification and consent form on its website for resident use until the Department has prescribed the form. (Source: P.A. 104-494, eff. 1-1-27.)