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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Authorized Electronic Monitoring in | ||||||
| 5 | Long-Term Care Facilities Act is amended by changing Sections 5 | ||||||
| 6 | and 10 as follows: | ||||||
| 7 | (210 ILCS 32/5) | ||||||
| 8 | Sec. 5. Definitions. As used in this Act:
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| 9 | "Authorized electronic monitoring" means the placement and | ||||||
| 10 | use of an electronic monitoring device by a resident in his or | ||||||
| 11 | her room in accordance with this Act. | ||||||
| 12 | "Department" means the Department of Public Health.
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| 13 | "Electronic monitoring device" means a surveillance | ||||||
| 14 | instrument with a fixed position video camera or an audio | ||||||
| 15 | recording device, or a combination thereof, that is installed | ||||||
| 16 | in a resident's room under the provisions of this Act and | ||||||
| 17 | broadcasts or records activity or sounds occurring in the room. | ||||||
| 18 | "Facility" means an intermediate care facility for the | ||||||
| 19 | developmentally disabled licensed under the ID/DD Community | ||||||
| 20 | Care Act that has 30 beds or more, a facility licensed under | ||||||
| 21 | the MC/DD Act, or a long-term care facility licensed under the | ||||||
| 22 | Nursing Home Care Act, or a facility that provides housing to | ||||||
| 23 | individuals with dementia, as defined in Section 3 of the | ||||||
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| 1 | Alzheimer's Disease Assistance Act. | ||||||
| 2 | "Resident" means a person residing in a facility. | ||||||
| 3 | "Resident's representative" has the meaning given to that | ||||||
| 4 | term in (1) Section 1-123 of the Nursing Home Care Act if the | ||||||
| 5 | resident resides in a facility licensed under the Nursing Home | ||||||
| 6 | Care Act, (2) Section 1-123 of the ID/DD Community Care Act if | ||||||
| 7 | the resident resides in a facility licensed under the ID/DD | ||||||
| 8 | Community Care Act, or (3) Section 1-123 of the MC/DD Act if | ||||||
| 9 | the resident resides in a facility licensed under the MC/DD | ||||||
| 10 | Act.
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| 11 | (Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) | ||||||
| 12 | (210 ILCS 32/10)
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| 13 | Sec. 10. Authorized electronic monitoring. | ||||||
| 14 | (a) A resident shall be permitted to conduct authorized | ||||||
| 15 | electronic monitoring of the resident's room through the use of | ||||||
| 16 | electronic monitoring devices placed in the room pursuant to | ||||||
| 17 | this Act. | ||||||
| 18 | (b) Nothing in this Act shall be construed to allow the use | ||||||
| 19 | of an electronic monitoring device to take still photographs or | ||||||
| 20 | for the nonconsensual interception of private communications.
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| 21 | (c) A facility that houses dementia residents may allow | ||||||
| 22 | electronic monitoring devices only in rooms: | ||||||
| 23 | (1) that are located in a building that is entirely | ||||||
| 24 | dedicated to dementia care; or | ||||||
| 25 | (2) that are located in a building wing that is solely | ||||||
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| 1 | dedicated to dementia care. | ||||||
| 2 | (Source: P.A. 99-430, eff. 1-1-16.)
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| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.
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