LAC 48:I.9781. Virtual Visitation

A. Each nursing facility licensed by the Department of Health shall comply with the provisions of the Nursing Home Virtual Visitation Act of 2018 enacted by the Louisiana Legislature, and any such amendments enacted thereafter. B. The term monitoring device, as used in this Section, shall have the same meaning as defined in the Nursing Home Virtual Visitation Act of 2018. C. Capacity to Consent to Virtual Visitation 1. A resident’s capacity to consent to the authorization for installation and use of a monitoring device is presumed if the resident has not been interdicted and has no current documented medical diagnosis affecting capacity. 2. Any question as to capacity of a non-interdicted resident to consent to the authorization for installation and use of a monitoring device shall be determined by any one of the following persons in the following order of priority, if there is no person in a prior class who is reasonably available and willing to make such determination: a. the resident’s personal physician; b. the resident’s admitting physician; or c. the medical director of the nursing facility. NOTE: Such determination shall be documented in the resident’s medical record. 3. The nursing facility shall have a policy regarding capacity to consent to the authorization for installation and use of a monitoring device in a resident’s room; such policy shall include, at a minimum, the provisions of §9781.C.1 and §9781.C.2; further, the policy shall be in compliance with the provisions of the Nursing Home Visitation Act of 2018 enacted by the Louisiana Legislature, and any such amendments enacted thereafter.