January 28, 2003, Introduced by Senators BASHAM, LELAND and CHERRY and referred to
the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21788.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 21788. (1) A nursing home shall permit a resident or
2 the resident's legal representative to monitor the resident
3 through the use of an electronic monitoring device if all of the
4 following requirements are met:
5 (a) The monitoring is completely voluntary and is conducted
6 at the election of the resident or the resident's legal
7 representative.
8 (b) All costs of the monitoring, including, but not limited
9 to, the cost of the electronic monitoring device and its
10 installation, are paid by the resident or the resident's legal
11 representative.
1 (c) The monitoring is conducted in a manner that protects the
2 privacy of other residents and visitors to the nursing home to
3 the extent reasonably possible. If a resident or the resident's
4 legal representative wishes to install an electronic monitoring
5 device in the resident's room, and if the resident shares the
6 room with another resident, the written consent of the other
7 resident or his or her legal representative must be obtained
8 before the electronic monitoring device is installed.
9 (d) There is a notice posted on the door of the resident's
10 room stating that the room is being monitored by an electronic
11 monitoring device.
12 (2) A nursing home shall make reasonable accommodation for
13 electronic monitoring by providing all of the following:
14 (a) A reasonably secure place to mount the electronic
15 monitoring device.
16 (b) Access to a power source for the electronic monitoring
17 device.
18 (c) Notice to all residents of the right to install an
19 electronic monitoring device.
20 (3) A nursing home shall not refuse to admit an individual as
21 a resident of or remove a resident from the nursing home because
22 of a request to install an electronic monitoring device.
23 (4) A nursing home may require a resident or the resident's
24 legal representative who wishes to install an electronic
25 monitoring device to make the request in writing.
26 (5) Subject to the Michigan rules of evidence, a tape or
27 other recording created by an electronic monitoring device under
1 this section is admissible in either a civil or a criminal action
2 brought in a court in this state.
3 (6) An owner or operator or employee of a nursing home who
4 violates this section is guilty of a misdemeanor punishable by
5 imprisonment for not more than 1 year or a fine of not more than
6 $2,000.00, or both.
7 (7) An individual who willfully and without the consent of
8 the resident or the resident's legal representative hampers,
9 obstructs, tampers with, or destroys the resident's or legal
10 representative's electronic monitoring device or its film, tape,
11 or other recording medium is guilty of a misdemeanor punishable
12 by imprisonment for not more than 90 days or a fine of not more
13 than $2,000.00, or both.
14 (8) As used in this section, "electronic monitoring device"
15 means a video surveillance camera, an audio device, a video
16 telephone, an internet video surveillance device, or a similar
17 device designed to capture the audio recordings or visual images
18 of its surroundings.