Section 40:2193.6 - Cameras; condition of licensureA. Each pediatric day health care facility shall provide for the installation and operation at its licensed premises of cameras that record both video and audio. Compliance with the provisions of this Section shall be a condition of a pediatric day health care facility's licensure by the department as provided in this Part.B. The director of each pediatric day health care facility shall develop and share with all facility employees and parents of children served at the facility a policy relative to cameras at the facility that, at minimum, provides for all of the following: (1) The location and placement of cameras in any room, except a location identified in Paragraph (2) of this Subsection, in which children may be cared for.(2) A prohibition against the recording of the interior of a restroom or any other area in which a child's bare body is normally exposed.(3) A requirement that written notice of the cameras be provided to facility employees, parents of children served at the facility, and authorized visitors.(4) A requirement that all employees who provide services at the facility receive training concerning the provisions of this Section.(5) Provisions relative to the duration of retention of video and audio data recorded by the devices required by this Section and procedures for data storage and disposal.(6) Procedures for protecting children's privacy and for determining to whom and under what circumstances video or audio data may be disclosed. Such policies shall restrict authorization to review video or audio data recorded by the devices required by this Section to the following persons, exclusively: (a) The director of the pediatric day health care facility.(b) The secretary of the department or his designee.(c) A parent of a recorded child pursuant to an allegation or evidence of abuse, neglect, or injury.(d) Any member of law enforcement while investigating, in his official capacity, an allegation or evidence of abuse, neglect, or injury.(e) Any party designated in a subpoena issued by a court of law.(7) A requirement that any person who views a recording showing what he believes could be a violation of state or federal law shall report the suspected violation to the appropriate law enforcement agency.(8) A requirement that any camera installed pursuant to this Section be in compliance with the National Fire Protection Association Life Safety Code.C. Recordings made by cameras at pediatric day health care facilities installed and operated in accordance with this Section shall be kept confidential and are not public records; however, such a recording may be viewed by a party designated in Paragraph (B)(6) of this Section.D. This Section shall be known and may be cited as the "Lane Allen Gottschalck Law".La. Public Health and Safety § 40:2193.6
Acts 2022, No. 619, §1, eff. Jan. 1, 2023; Acts 2023, No. 27, §1.Amended by Acts 2023, No. 27,s. 1, eff. 8/1/2023.Added by Acts 2022, No. 619,s. 1, eff. 1/1/2023.