Section 75-03-42-03 - Documentation1. The forms and information relating to authorized electronic monitoring must be provided by the facility upon request in a language, form, and manner residents, resident representatives, and visitors can access and understand.2. At the request of the resident or the resident representative, the facility shall provide a copy of the facility's standards and regulations regarding the installation, use, maintenance, disabling, and removal of the authorized electronic monitoring device to the resident or resident representative.3. Before the use of authorized electronic monitoring or the installation of an authorized electronic monitoring device, the resident or resident representative shall submit the following documentation to the facility: a. A written notice to the facility of the intent to place and use an authorized electronic monitoring device, including an installation plan that complies with the facility's standards and regulations.b. A statement that the facility is not civilly or criminally liable for a violation of any resident's right to privacy arising from authorized electronic monitoring.c. A written consent form for placement and use of an authorized electronic monitoring device signed by the existing or proposed roommate or roommate's resident representative. The form must: (1) Allow the roommate or roommate's resident representative to specify any conditions or restrictions the roommate or roommate's resident representative may elect to place on the device's time of operation, direction, and focus, including verifying the viewing area captured by the camera, prohibiting audio, and turning off the authorized electronic monitoring device during certain times when total privacy is wanted.(2) State the roommate or roommate's resident representative has the right to withdraw consent at any time in writing and have the device disabled in compliance with the facility's standards and regulations after receipt of the written withdrawal.(3) State the facility may not be held civilly or criminally liable for a violation of the roommate's right to privacy arising out of authorized electronic monitoring conducted by the resident or the resident representative.d. An authorization signed by the existing or proposed roommate or roommate's resident representative for the disclosure of protected health information in compliance with title 45, Code of Federal Regulation, parts 160 and 164.4. The facility shall maintain a copy of the applicable consent and authorization forms submitted pursuant to this section.N.D. Admin Code 75-03-42-03
Adopted by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.General Authority: NDCC 50-10.1-03, 50-10.2-02.1, 50-10.2-03
Law Implemented: NDCC 50-10.2-02.1, 50-10.2-03