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| Public Act 101-0160 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Authorized Electronic Monitoring in | ||||
Long-Term Care Facilities Act is amended by changing Sections 5 | ||||
and 10 as follows: | ||||
(210 ILCS 32/5) | ||||
Sec. 5. Definitions. As used in this Act:
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"Authorized electronic monitoring" means the placement and | ||||
use of an electronic monitoring device by a resident in his or | ||||
her room in accordance with this Act. | ||||
"Department" means the Department of Public Health.
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"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 under the provisions of this Act and | ||||
broadcasts or records activity or sounds occurring in the room. | ||||
"Facility" means an intermediate care facility for the | ||||
developmentally disabled licensed under the ID/DD Community | ||||
Care Act that has 30 beds or more, a facility licensed under | ||||
the MC/DD Act, or a long-term care facility licensed under the | ||||
Nursing Home Care Act, or a facility that provides housing to | ||||
individuals with dementia, as defined in Section 3 of the | ||||
Alzheimer's Disease Assistance Act. | ||
"Resident" means a person residing in a facility. | ||
"Resident's representative" has the meaning given to that | ||
term in (1) Section 1-123 of the Nursing Home Care Act if the | ||
resident resides in a facility licensed under the Nursing Home | ||
Care Act, (2) Section 1-123 of the ID/DD Community Care Act if | ||
the resident resides in a facility licensed under the ID/DD | ||
Community Care Act, or (3) Section 1-123 of the MC/DD Act if | ||
the resident resides in a facility licensed under the MC/DD | ||
Act.
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(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) | ||
(210 ILCS 32/10)
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Sec. 10. Authorized electronic monitoring. | ||
(a) A resident shall be permitted to conduct authorized | ||
electronic monitoring of the resident's room through the use of | ||
electronic monitoring devices placed in the room pursuant to | ||
this Act. | ||
(b) Nothing in this Act shall be construed to allow the use | ||
of an electronic monitoring device to take still photographs or | ||
for the nonconsensual interception of private communications.
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(c) A facility that houses dementia residents may allow | ||
electronic monitoring devices only in rooms: | ||
(1) that are located in a building that is entirely | ||
dedicated to dementia care; or | ||
(2) that are located in a building wing that is solely | ||
dedicated to dementia care. | ||
(Source: P.A. 99-430, eff. 1-1-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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