(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 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 or attorney in fact shall consent by completing the relevant part of the form.

Terms Used In Ohio Code 3721.62

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(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 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 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 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.

Last updated January 14, 2022 at 5:33 PM