50-10.2-01. Definitions

50-10.2-01. Definitions In this chapter, unless the context or subject matter otherwise requires: 1. "Authorized electronic recording" means the placement and use of an authorized electronic recording device, by a resident or resident representative, in the resident's room. 2. "Authorized electronic recording device" means a device that is installed in the room of a resident which is intended to record or is recording and transmitting video, communications, or other sounds occurring in the room. 3. "Conflict of interest" means any type of ownership in a facility or membership on the governing body of a facility by a provider of goods or services to that facility or by a member of that individual's immediate family. 4. "Department" means the department of health and human services. 5. "Facility" means a skilled nursing care facility, basic care facility, assisted living facility, or swing-bed hospital approved to furnish long-term care services. 6. "Immediate family" means husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild, uncle, aunt, niece, nephew, or grandchild. 7. "Remodeling" means any alteration in structure, refurbishing, or repair that would: a. Prevent the facility staff from providing customary and required care; or b. Seriously endanger or inconvenience any resident with noise, dust, fumes, inoperative equipment, or the presence of remodeling workers. 8. "Resident" means an individual residing in a facility. 9. "Resident representative" means a person authorized to act as a resident's agent under power of attorney for health care or guardianship. 10. "Technology device" means a device capable of remote audio or video communications which is used for the purpose of the resident having contact with another person but not for the purpose of virtual monitoring or recording audio or video of a resident and the resident's room. A technology device includes a cellular mobile telephone used primarily for telephonic communication, an electronic tablet not used for virtual monitoring or recording, and an assistive communication device. 11. "Virtual monitoring" means remote live action monitoring conducted without recording of a resident by a third party via the placement and use of a virtual monitoring device in the resident's room. 12. "Virtual monitoring device" means a device owned and operated by the resident or resident representative placed in the resident's room which allows live action monitoring without recording of a resident by a third party. 13. "Virtual visitation" means remote visitation between a resident and another individual using a technology device.