77 Ill. Adm. Code 389.110
Authorized Electronic Monitoring
Section 389.110Â Authorized Electronic Monitoring
a)
A
resident shall be permitted to conduct authorized electronic monitoring of the
resident's room through the use of electronic monitoring devices placed in the
room pursuant to the Act
and this Part
.
(Section 10(a) of the Act)
b)
A
facility that houses dementia residents may allow electronic monitoring devices
only in rooms that are located in a building that is entirely dedicated to
dementia care; or that are located in a building wing that is solely dedicated
to dementia care
. (Section 10(c) of the Act)
c)
Authorized
electronic monitoring may begin only after a notification and consent form
prescribed by the Department has been completed and submitted to the facility.
(Section 20(a) of the Act)
d)
The
completed notification and consent form 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
the
Act
and Section 389.115
. 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 the Act
and this Part
;
B)
Who
was present when the resident was asked; and
C)
An
acknowledgement that the resident did not affirmatively object.
2)
The
resident's roommate's signed consent or the signature of the person consenting
on behalf of the resident's roommate in accordance with Section 15 of
the
Act and Section 389.120,
if applicable, and any conditions placed on the
roommate's consent. If a person other than the resident's 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 the Act
and this Part
;
B)
Who
was present when the roommate was asked; and
C)
An
acknowledgement that the roommate did not affirmatively object.
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.
8)
Any
other condition or restriction elected by the resident or roommate on the use
of an electronic monitoring device.
(Section 20(b) of the Act)
e)
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.
(Section 20(c) of the
Act)
f)
Nothing
in the Act
and this Part
shall be construed to allow the use of an
electronic monitoring device to take still photographs or for the nonconsensual
interception of private communications
. (Section 10(b) of the Act)