PRINTER'S NO. 1527
No. 1297 Session of 2001
INTRODUCED BY WATERS, BLAUM, CALTAGIRONE, CAPPABIANCA, DAILEY,
HARHAI, JAMES, LaGROTTA, McILHATTAN, MYERS, ORIE, ROONEY,
CRUZ, TRAVAGLIO, C. WILLIAMS, WOJNAROSKI, GEORGE, HERMAN,
KIRKLAND, McGILL, MELIO, OLIVER, BELFANTI, PALLONE, THOMAS,
WASHINGTON, WOGAN, J. WILLIAMS, YOUNGBLOOD AND STABACK,
APRIL 9, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2001
AN ACT
1 Providing for electronic monitoring in nursing homes.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Electronic
6 Monitoring in Nursing Homes Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Nursing home." Any institution or facility in which nursing
12 care and related medical or other health services are provided
13 for a period exceeding 24 hours, for two or more individuals,
14 who are not relatives of the administrator and who are not
15 acutely ill and not in need of hospitalization, but who, because
1 of age, illness, disease, injury, convalescence or physical or
2 medical infirmity need such care.
3 "Nursing home administrator." Any individual who is charged
4 with the general administration of a nursing home whether or not
5 such individual has an ownership interest in the nursing home
6 and whether or not the administrator's functions and duties are
7 shared with one or more other individuals.
8 Section 3. Electronic monitoring in nursing homes.
9 (a) General rule.--A nursing home shall make reasonable
10 physical accommodation for electronic monitoring by providing:
11 (1) A reasonably secure place to mount the electronic
12 monitoring device.
13 (2) Access to power sources.
14 (b) Notice.--A nursing home shall inform a nursing home
15 resident or the legal representative of the resident of the
16 resident's right to electronic monitoring.
17 (c) Conditions.--
18 (1) A nursing home may request a nursing home resident
19 or a resident's personal representative to conduct electronic
20 monitoring within plain view.
21 (2) A nursing home resident who wishes to install an
22 electronic monitoring device may be required by the nursing
23 home administrator to make the request in writing.
24 Section 4. Admissibility of videotape as evidence.
25 Subject to the rules of evidence, a tape created through the
26 use of electronic monitoring shall be admissible in either a
27 civil or criminal action brought in a court of this
28 Commonwealth.
29 Section 5. Violation of act.
30 (a) Operation in violation.--A person who operates a nursing
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1 home in violation of this act commits a misdemeanor of the third
2 degree and shall, upon conviction, be sentenced to pay a fine of
3 not more than $2,500 or to imprisonment for not more than one
4 year, or both.
5 (b) Tampering or destroying device or tape.--A person who
6 willfully and without the consent of a nursing home resident
7 hampers, obstructs, tampers with or destroys an electronic
8 monitoring device or tape commits a misdemeanor of the third
9 degree and shall, upon conviction, be sentenced to pay a fine of
10 not more than $2,500 or to imprisonment for not more than one
11 year, or both.
12 Section 6. Effective date.
13 This act shall take effect in 60 days.
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