February 10, 2005, Introduced by Senators BASHAM and GOSCHKA 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:
Sec. 21788. (1) A nursing home shall permit a resident or the
resident's legal representative to monitor the resident through the
use of an electronic monitoring device if all of the following
requirements are met:
(a) The monitoring is completely voluntary and is conducted at
the election of the resident or the resident's legal
representative.
(b) All costs of the monitoring, including, but not limited
to, the cost of the electronic monitoring device and its
installation, are paid by the resident or the resident's legal
representative.
(c) The monitoring is conducted in a manner that protects the
privacy of other residents and visitors to the nursing home to the
extent reasonably possible. If a resident or the resident's legal
representative wishes to install an electronic monitoring device in
the resident's room, and if the resident shares the room with
another resident, the written consent of the other resident or his
or her legal representative must be obtained before the electronic
monitoring device is installed.
(d) There is a notice posted on the door of the resident's
room stating that the room is being monitored by an electronic
monitoring device.
(2) A nursing home shall make reasonable accommodation for
electronic monitoring by providing all of the following:
(a) A reasonably secure place to mount the electronic
monitoring device.
(b) Access to a power source for the electronic monitoring
device.
(c) Notice to all residents of the right to install an
electronic monitoring device.
(3) A nursing home shall not refuse to admit an individual as
a resident of or remove a resident from the nursing home because of
a request to install an electronic monitoring device.
(4) A nursing home may require a resident or the resident's
legal representative who wishes to install an electronic monitoring
device to make the request in writing.
(5) Subject to the Michigan rules of evidence, a tape or other
recording created by an electronic monitoring device under this
section is admissible in either a civil or a criminal action
brought in a court in this state.
(6) An owner or operator or employee of a nursing home who
violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(7) An individual who willfully and without the consent of the
resident or the resident's legal representative hampers, obstructs,
tampers with, or destroys the resident's or legal representative's
electronic monitoring device or its film, tape, or other recording
medium is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $2,000.00, or
both.
(8) As used in this section, "electronic monitoring device"
means a video surveillance camera, an audio device, a video
telephone, an internet video surveillance device, or a similar
device designed to capture the audio recordings or visual images of
its surroundings.