The Baptist Home is pleased to allow authorized electronic monitoring that conforms to Missouri law. Electronic Monitoring refers to any device used to monitor what is happening inside a resident room. These devices may record audio, visuals, or both. Allowing electronic monitoring inside resident rooms allows for those living outside the facility to check on their loved ones and ensure that they are being cared for adequately. As of September 3, 2020, residents may install electronic monitoring devices in their rooms that comply with Missouri law.
The Law: In summary, the Authorized Electronic Monitoring in Long-Term Care Facilities Act permits Skilled Nursing, Assisted Living, and Residential Care residents to install cameras in their rooms. This allows someone outside the facility – a family member, friend, guardian, or other designated person – to have a better understanding of the care their loved one is receiving in a facility. The “camera bill” was signed into law in Missouri on August 28, 2020.
The Rules: There are many rules involving the use of personal electronic monitoring devices inside long-term care facilities. These rules are in place to protect the other people living in the facility, staff, visitors, and the resident themselves. The following summary of the electronic monitoring rules gives details on where to place cameras, who pays for the devices, and how roommate privacy is protected.
Regarding consent:
- If the resident is legally deemed capable of making their own decisions, they have the right to install or not install a This means the family or friends of a resident cannot overrule the wishes of a competent resident, even though their intentions may be to protect their loved one. Exceptions only apply to those with legal guardians, in which case the guardian has the final say.
- An Electronic Monitoring Device Acknowledgement and Request Form MUST be completed and returned to the facility before installation on any devices
- Further, any roommates MUST designate consent on this same form! While the facility should make every reasonable attempt to find new rooming situations if one party does not consent, monitoring cannot begin until roommates give signed consent on this
- Additionally, the roommate(s) may withdraw consent at any time using the same Request Form, at which time all monitoring activities must be stopped until the situation is resolved. (That means families of residents who wish to withdraw consent to monitoring should download the form and submit to the facility).
On placement of devices: There are few official requirements for the placement of cameras within a resident’s space. Residents should consult with the facility administration to choose a location that:
- Is “open and obvious” to visitors, residents, and staff;
- Mounted in a location that is “fixed” and “stationary” (not on a rolling cart, chair, or another movable piece of furniture);
- Placed in a direction that only captures the space of the resident requesting installation, not at any common areas or interferes with the personal space or privacy of any roommates; and
- Is safe for visitors, residents, and staff moving through the room (avoid causing tripping or bumping of heads!)
The facility is responsible for providing electricity and a space to mount the device, plus must post signage alerting visitors to monitoring within the facility and within specific rooms.
Otherwise, the resident (or their family) must provide the device, facilitate installation/removal (this is not the responsibility of The Baptist Home), gather consent, and the cost of providing WiFi or a hotspot.
