DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 384 Engrossed 2022 Regular Session Wheat
Abstract: Requires pediatric day health care facilities licensed by the La. Dept. of Health to install
and operate cameras at their premises and provides requirements and limitations relative to
audio and video recordings made by such cameras.
Present law defines "pediatric day health care facility", in pertinent part, as a facility that provides
care for medically fragile children under the age of 21, including technology-dependent children who
require close supervision. Requires that pediatric day health care facilities be licensed by the La.
Dept. of Health (LDH). Proposed law retains present law.
Proposed law requires each pediatric day health care facility to provide for the installation and
operation at its licensed premises of cameras that record both video and audio. Stipulates that
compliance with proposed law shall be a condition of a pediatric day health care facility's licensure.
Proposed law requires that the director of each pediatric day health care facility develop and share
with all facility employees and parents of children served at the facility a policy relative to cameras
at the facility that, at minimum, provides for all of the following:
(1)The location and placement of cameras in any room, with one exception, in which children
may be cared for.
(2)A prohibition against the recording of the interior of a restroom or any other area in which
a child's clothing may be changed or removed.
(3)A requirement that written notice of the cameras be provided to facility employees, parents
of children served at the facility, and authorized visitors.
(4)A requirement that all employees who provide services at the facility receive training
concerning the provisions of proposed law.
(5)Provisions relative to the duration of retention of video and audio data recorded by the
devices required by proposed law and procedures for data storage and disposal.
(6)Procedures for protecting children's privacy and for determining to whom and under what
circumstances video or audio data may be disclosed. Proposed law requires that the facility's
policy restrict authorization to review video or audio data recorded by the devices required
by proposed law to the following persons, exclusively: (a)The director of the pediatric day health care facility.
(b)The secretary of LDH or his designee.
(c)A parent of a recorded child pursuant to an allegation or evidence of abuse, neglect,
or injury.
(d)Any member of law enforcement.
(e)Any party designated in a subpoena issued by a court of law.
(7)A requirement that any person who views a recording showing what he believes could be a
violation of state or federal law shall report the suspected violation to the appropriate law
enforcement agency.
(8)A requirement that any camera installed pursuant to proposed law be in compliance with the
National Fire Protection Association Life Safety Code.
Proposed law requires that recordings made by cameras at pediatric day health care facilities be kept
confidential and provides that such recordings are exempt from the Public Records Law (present law,
R.S. 44:1 et seq.).
(Amends R.S. 44:4.1(B)(26); Adds R.S. 40:2193.6)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Delete proposed law authorizing access to video or audio data by a parent of a recorded
child upon the parent's request. Provide instead that the parent may access the video or
audio pursuant to an allegation or evidence of abuse, neglect, or injury.
2. Add the following to the exclusive list of parties who may access video or audio data
recorded by the devices required by proposed law:
a. Any member of law enforcement.
b. Any party designated in a subpoena issued by a court of law.
3. Make a technical change.