As Introduced 136th General Assembly Regular Session S. B. No. 154 2025-2026 Senator Ingram Cosponsors: Senators DeMora, Craig, Antonio, Smith A B I L L To amend sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code to make changes regarding electronic monitoring of a resident's room in a long-term care facility. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code be amended to read as follows: Sec. 3721.60. As used in sections 3721.60 to 3721.67 of the Revised Code: (A) "Attorney in fact" means a person designated as such by a durable power of attorney for health care executed pursuant to sections 1337.11 to 1337.17 of the Revised Code. (B) "Designated sponsor" means a sponsor, as defined in section 3721.10 of the Revised Code, that is selected by a resident. (C) "Electronic monitoring device" means a surveillance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 S. B. No. 154 Page 2 As Introduced instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a resident's room and broadcasts or records activities or sounds occurring in the room. (C) "Guardian" has the same meaning as in section 2111.01 of the Revised Code. (D) "Long-term care facility" has the same meaning as in section 3721.21 of the Revised Code and also includes a residential care facility as defined in section 3721.01 of the Revised Code. (E) "Resident" means an individual who resides in a long- term care facility. Sec. 3721.61. (A) Subject to section 3721.62 of the Revised Code, a resident or a resident's guardian designated sponsor or attorney in fact may authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. The resident, designated sponsor, or attorney in fact may select the electronic monitoring device. (B) The installation and use of an electronic monitoring device may be authorized only if both of the following conditions are met: (1) If a long-term care facility has prescribed a form described in section 3721.63 of the Revised Code, the resident or resident's guardian designated sponsor or attorney in fact completes the form and submits it to the facility. (2) The Subject to division (C) of this section, the cost of the device and the cost of installing, maintaining, and removing the device, other than the cost of electricity for the device, is paid for by the resident or the resident's guardian 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 S. B. No. 154 Page 3 As Introduced designated sponsor or attorney in fact. (C) (C)(1) A long-term care facility may charge a fee for the installation of an electronic monitoring device in a resident's room. The fee shall not exceed fifty dollars. (2) A long-term care facility may charge a fee to provide an internet connection for the installation and use of an electronic monitoring device in a resident's room. The fee shall not exceed two dollars per month. (D) A resident who has authorized the installation and use of an electronic monitoring device may withdraw that authorization at any time. Sec. 3721.62. (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 designated sponsor 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 designated sponsor or attorney in fact shall consent by completing the relevant part of the form. (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 designated sponsor 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 S. B. No. 154 Page 4 As Introduced electronic monitoring by moving either resident to another available room with the consent of the resident being moved or resident's guardian designated sponsor 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 designated sponsor 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. Sec. 3721.63. A long-term care facility may prescribe a form for use by a resident or resident's guardian designated sponsor or attorney in fact seeking to authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. If a long-term care facility prescribes a form, it shall, at a minimum, include all of the following: (A) An explanation of sections 3721.60 to 3721.67 of the Revised Code; (B) An acknowledgment that the resident or resident's guardian designated sponsor or attorney in fact has consented to the installation and use of the device in the resident's room; (C) In the case of a resident who lives in a room with another resident, an acknowledgment that the other resident or other resident's guardian designated sponsor or attorney in fact 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 S. B. No. 154 Page 5 As Introduced has consented to the installation and use of the device and a description of any conditions placed on that consent pursuant to division (B)(2) of section 3721.62 of the Revised Code; (D) A section for providing the facility with information regarding the type, function, and use of the device selected by the resident or the resident's designated sponsor or attorney in fact to be installed and used; (E) A section stating that the facility is released from liability in any civil or criminal action or administrative proceeding for a violation of the resident's right to privacy in connection with using the device. Sec. 3721.65. No person or resident long-term care facility shall be denied do either of the following: (A) Prohibit the installation and use of an electronic monitoring device that has two-way audio and video communication abilities; (B) Deny admission to or discharged discharge from a long- term care facility or otherwise discriminated discriminate or retaliated retaliate against a person or resident because of the decision to authorize the installation and use of an electronic monitoring device in a resident's room in the facility. Sec. 3721.66. (A) No person other than the resident or resident's guardian designated sponsor or attorney in fact who authorized the installation and use of an electronic monitoring device in the resident's room in a long-term care facility shall intentionally obstruct, tamper with, or destroy the device or a recording made by the device. (B) Except as provided in division (C) of this section, no person other than the following shall intentionally view or 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 S. B. No. 154 Page 6 As Introduced listen to the images displayed or sounds recorded by an electronic monitoring device installed in a resident's room: (1) The resident; (2) The resident's guardian designated sponsor or attorney in fact; (3) Law enforcement personnel. (C) A resident or resident's guardian designated sponsor or attorney in fact may authorize a person to view or listen to the images displayed or sounds recorded by an electronic monitoring device installed in a resident's room. Section 2. That existing sections 3721.60, 3721.61, 3721.62, 3721.63, 3721.65, and 3721.66 of the Revised Code are hereby repealed. 134 135 136 137 138 139 140 141 142 143 144 145 146