As Introduced
136th General Assembly
Regular Session S. B. No. 154
2025-2026
Senator Ingram
Cosponsors: Senators DeMora, Craig, Antonio, Smith
A BILL
To amend sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code to make changes regarding electronic monitoring of a resident's room in a long-term care facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code be amended to read as follows:
Sec. 3721.60. As used in sections 3721.60 to 3721.67 of the Revised Code:
(A) "Attorney in fact" means a person designated as such by a durable power of attorney for health care executed pursuant to sections 1337.11 to 1337.17 of the Revised Code.
(B) "Designated sponsor" means a sponsor, as defined in section 3721.10 of the Revised Code, that is selected by a resident.
(C) "Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a resident's room and broadcasts or records activities or sounds occurring in the room.
(C)
"Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(D) "Long-term care facility" has the same meaning as in section 3721.21 of the Revised Code and also includes a residential care facility as defined in section 3721.01 of the Revised Code.
(E) "Resident" means an individual who resides in a long-term care facility.
Sec.
3721.61. (A)
Subject to section 3721.62 of the Revised Code, a resident or a
resident's guardian
designated
sponsor or
attorney in fact may authorize the installation and use of an
electronic monitoring device in the resident's room in a long-term
care facility.
The resident, designated sponsor, or attorney in fact may select the
electronic monitoring device.
(B) The installation and use of an electronic monitoring device may be authorized only if both of the following conditions are met:
(1)
If a long-term care facility has prescribed a form described in
section 3721.63 of the Revised Code, the resident or resident's
guardian
designated
sponsor or
attorney in fact completes the form and submits it to the facility.
(2)
The
Subject
to division (C) of this section, the cost
of the device and the cost of installing, maintaining, and removing
the device, other than the cost of electricity for the device, is
paid for by the resident or the resident's guardian
designated
sponsor or
attorney in fact.
(C)
(C)(1)
A long-term care facility may charge a fee for the installation of an
electronic monitoring device in a resident's room. The fee shall not
exceed fifty dollars.
(2) A long-term care facility may charge a fee to provide an internet connection for the installation and use of an electronic monitoring device in a resident's room. The fee shall not exceed two dollars per month.
(D) A resident who has authorized the installation and use of an electronic monitoring device may withdraw that authorization at any time.
Sec.
3721.62. (A)
If
a resident wishing to conduct authorized electronic monitoring of the
resident's room lives with another resident in a long-term care
facility, the consent of the other resident or the other resident's
guardian
designated
sponsor or
attorney in fact to the installation and use of an electronic
monitoring device in the room is required before any installation or
use of such a device may occur. If the long-term care facility has
prescribed a form described in section 3721.63 of the Revised Code,
the other resident or other resident's guardian
designated
sponsor or
attorney in fact shall consent by completing the relevant part of the
form.
(B)(1)
If a resident living in a room with another resident wishes to
conduct authorized electronic monitoring of the resident's room, but
the other resident or other resident's guardian
designated
sponsor or
attorney in fact refuses to consent to the installation and use of an
electronic monitoring device, the facility shall make a reasonable
attempt to accommodate the resident wishing to conduct authorized
electronic monitoring by moving either resident to another available
room with the consent of the resident being moved or resident's
guardian
designated
sponsor or
attorney in fact.
(2)
In the case of a resident living in a room with another resident, the
other resident or other resident's guardian
designated
sponsor or
attorney in fact may place conditions on any consent to the
installation and use of an electronic monitoring device, including
conditions such as pointing the device away from the other resident
or limiting or prohibiting the use of certain devices. If conditions
are placed on consent, the device shall be installed and used
according to those conditions.
(C) A resident whose consent is required under this section may withdraw that consent at any time.
Sec.
3721.63. A
long-term care facility may prescribe a form for use by a resident or
resident's guardian
designated
sponsor or
attorney in fact seeking to authorize the installation and use of an
electronic monitoring device in the resident's room in a long-term
care facility. If a long-term care facility prescribes a form, it
shall, at a minimum, include all of the following:
(A) An explanation of sections 3721.60 to 3721.67 of the Revised Code;
(B)
An acknowledgment that the resident or resident's guardian
designated
sponsor or
attorney in fact has consented to the installation and use of the
device in the resident's room;
(C)
In the case of a resident who lives in a room with another resident,
an acknowledgment that the other resident or other resident's
guardian
designated
sponsor or
attorney in fact has consented to the installation and use of the
device and a description of any conditions placed on that consent
pursuant to division (B)(2) of section 3721.62 of the Revised Code;
(D) A section for providing the facility with information regarding the type, function, and use of the device selected by the resident or the resident's designated sponsor or attorney in fact to be installed and used;
(E) A section stating that the facility is released from liability in any civil or criminal action or administrative proceeding for a violation of the resident's right to privacy in connection with using the device.
Sec.
3721.65. No
person
or resident long-term
care facility shall
be
denied do
either of the following:
(A) Prohibit the installation and use of an electronic monitoring device that has two-way audio and video communication abilities;
(B)
Deny admission
to or discharged
discharge
from
a long-term care facility or otherwise discriminated
discriminate
or
retaliated
retaliate
against
a
person or resident because
of the decision to authorize the installation and use of an
electronic monitoring device in a resident's room in the facility.
Sec.
3721.66. (A)
No person other than the resident or resident's guardian
designated
sponsor or
attorney in fact who authorized the installation and use of an
electronic monitoring device in the resident's room in a long-term
care facility shall intentionally obstruct, tamper with, or destroy
the device or a recording made by the device.
(B) Except as provided in division (C) of this section, no person other than the following shall intentionally view or listen to the images displayed or sounds recorded by an electronic monitoring device installed in a resident's room:
(1) The resident;
(2)
The resident's guardian
designated
sponsor or
attorney in fact;
(3) Law enforcement personnel.
(C)
A resident or resident's guardian
designated
sponsor or
attorney in fact may authorize a person to view or listen to the
images displayed or sounds recorded by an electronic monitoring
device installed in a resident's room.
Section 2. That existing sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code are hereby repealed.