Ohio 2025 2025-2026 Regular Session

Ohio Senate Bill SB154 Introduced / Bill

                    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 
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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 
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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 
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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 
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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 
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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.
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