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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1832 By: Hefner and Lawson
AS INTRODUCED
An Act relating to intermediate care facilities;
amending 63 O.S. 2021, Sections 1 -1956.1, 1-1956.2,
1-1956.3, 1-1956.5, and 1-1956.6, which relate to
electronic monitoring in long -term care facilities;
defining term; modifying to include intermediate care
facilities; updating statutory references; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1956.1, is
amended to read as follows:
Section 1-1956.1. As used in Section 1-1953.1 1-1956.1 et seq.
of this title:
1. "Assisted living center " shall have the same meaning as
provided by Section 1 -890.2 of this title;
2. "Authorized electronic monitoring " means the placement of
electronic monitoring devices in the common areas or room of a
resident of a nursing facility, assisted living center or continuum
of care facility and the tapes or recordings from such devices
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pursuant to the provisio ns of Section 1-1953.1 1-1956.1 et seq. of
this title;
3. "Authorized electronic monitoring devices " means:
a. video surveillance cameras installed in the common
areas or resident's room under the provisions of
Section 1-1953.1 1-1956.1 et seq. of this title, or
b. audio devices installed in the room of a resident
under the provisions of Section 1-1953.1 1-1956.1 et
seq. of this title that are designed to acquire
communications or other sounds occurring in the room;
4. "Continuum of care facility " shall have the same meaning as
provided by Section 1 -890.2 of this title;
5. "Intermediate care facility" means an institution that is
primarily for the diagnosis, treatment, or rehabi litation of the
intellectually disabled or persons with related conditions, and
provides in a protected residential setting, ongoing evaluation,
planning, twenty-four-hour supervision, coordination, and
integration of health or rehabilitative services to h elp each
individual function at his or her greatest ability ;
5. 6. "Nursing facility" means the term as defined in Section
1-1902 of Title 63 of the Oklahoma Statutes;
6. 7. "Representative of a resident " means a court-appointed
guardian or, if there is no court-appointed guardian, the parent of
a minor, a relative or other person, designated in writing by the
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resident; provided, that any owner, operator, administrator or
employee of a facility subject to the provisions of the Nursing Home
Care Act, the Continuum of Care and Assisted Living Act, the
Residential Care Act or the Grou p Homes for the Developmentally
Disabled or Physically Handicapped Persons Act shall not be
appointed guardian or limited guardian of a resident of the nursing
facility, assisted living center, intermediate care facility, or
continuum of care facility unless the owner, operator, administrator
or employee is the spouse of the resident or a relative of the
resident within the second degree of consanguinity and is otherwise
eligible for appointment;
7. 8. "Resident" means a person residing in a nursing facili ty,
assisted living center , intermediate care facility, or continuum of
care facility; and
8. 9. "Unauthorized electronic monitoring " means electronic,
mechanical, or other devi ces that do not meet the provisions of
Section 1-1953.1 1-1956.1 et seq. of this title and that are
specifically used for the nonconsensual interception of wire or
electronic communications.
SECTION 2. AMENDATORY 63 O.S. 2021, Sec tion 1-1956.2, is
amended to read as follows:
Section 1-1956.2. A. A nursing facility, assisted living
center, intermediate care facility, or continuum of care facility
shall provide written notice to each resident, or to the
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representative of a resident , that authorized electronic monitoring
of a resident's room conducted under the provisions of Section 1-
1953.1 1-1956.1 et seq. of this title is not compulsory and shall
only be conducted with the written consent of the resident or the
representative of the resident.
B. A nursing facility, assisted living center , intermediate
care facility, or continuum of care facility shall not refuse to
admit an individual to residency in the facility or center and shall
not remove a resident from a facility or center because of
authorized electronic monitoring of a resident 's room.
C. A nursing facility, assisted living center , intermediate
care facility, or continuum of care facility shall post at or near
its main entrances a sign that clearly states that electronic
monitoring and audio devices may be in use in the facility or
center.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -1956.3, is
amended to read as follows:
Section 1-1956.3. A. No person or entity shall intentionally
hamper, obstruct, tamper with, or destroy an electronic monitoring
device installed in a nursing facility, assisted living center ,
intermediate care facility, or continuum of care facility.
B. Any person or entity that intentionally hampers, obstructs,
tampers with, or destroys a recording or an electronic monitoring
device installed in a nurs ing facility, assisted living center ,
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intermediate care facility, or continuum of care facility shall be
subject to the penalties prescribed in Section 1993 of Title 21 of
the Oklahoma Statutes.
C. No person or entity shall intercept a communication or
disclose or use an intercepted communication of an electronic
monitoring device placed or installed in a common area of a nursing
facility, assisted living center , intermediate care facility, or
continuum of care facility without the express written consent of
the facility, or, for an electronic monitoring device installed in a
resident's room, the express written consent of the resident or the
representative of the resident.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -1956.5, is
amended to read as follows:
Section 1-1956.5. A. A resident or the representative of a
resident may conduct authorized electronic monitoring of the
resident's room through the u se of authorized electronic monitoring
devices placed in the room pursuant to the provisions of Section 1-
1953.1 1-1956.1 et seq. of this title at the expense of such person
or representative of the resident and with the written consent of
any other resident living in the room.
B. A resident who conducts authorized electronic monitoring or
the representative of the resident may post and maintain a notice at
the entrance to the resident 's room stating that the room is being
monitored by an electronic monito ring device.
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C. Nothing in Section 1-1953.1 1-1956.1 et seq. of this title
shall be construed to prevent a resident or the representative of
the resident from placing an electronic monitoring device in the
resident's room at the expense of such person; ho wever, if such
resident is sharing a room with any other resident, the resident or
the representative of the resident shall obtain written consent from
such other resident or the representative of the resident living in
the room and such consent shall be o n a form prescribed by the State
Department of Health and shall be placed on f ile with the
administrator of the facility.
D. If a resident residing in a shared room, or the
representative of a resident residing in a shared room, desires to
utilize an authorized electronic monitoring device and another
resident living in such shared room refuses to consent to the use of
an authorized electronic monitoring device, the nursing facility,
assisted living center , intermediate care facility, or continuum of
care facility shall accommodate the resident or the representative
of the resident desiring to utilize an authorized electronic
monitoring device to move to another room if the resident or
resident's representative requests such a room change within a
reasonable amount of time.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1 -1956.6, is
amended to read as follows:
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Section 1-1956.6. A. A resident or representative of a
resident who wishes to conduct authorized electronic monitoring
shall be required to notify the nursing facility, assisted living
center, intermediate care facility, or continuum of care facility on
the consent form prescribed by the State Department of Health.
B. The consent form prescribed by the Department shall require
the resident or the representative of a resident to obtain the
consent of any other resident in the room or the representative of a
resident, using the consent form prescribed for this purpose by the
Department, if the resident resides in a room with anoth er resident.
C. Consent may be given only:
1. By the resident or any other r esident in the room; or
2. By the representative of the resident or representative of
any other resident in the room.
D. Another resident in the room may:
1. When the proposed electronic monitoring device is a video
surveillance camera, condition consent on the camera being pointed
away from the consenting resident; and
2. Condition consent on the use of an audio electronic
monitoring device being limited or prohibited.
E. Except as provided for in Section 1-1953.7 1-1956.7 of this
title, authorized el ectronic monitoring may begin only after the
required consent forms specified in Section 1-1953.1 1-1956.1 et
seq. of this title have been completed and returned to the nursing
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facility, assisted living center , intermediate care facility, or
continuum of care facility and placed on file with the administrator
of such facility or center.
F. If authorized electronic monitoring is being conducted in
the room of a resident, another r esident may not be moved into the
room unless the resident or representative o f the resident has
consented to the use of existing electronic monitoring, in
accordance with Section 1-1953.1 1-1956.1 et seq. of this title.
G. The Department may include othe r information that it
considers to be appropriate on any form it is required to prescribe
under the provisions of Section 1-1953.1 1-1956.1 et seq. of this
title.
H. The Department shall prescribe the forms required by Section
1-1953.1 1-1956.1 et seq. of this title no later than November 1,
2013, and shall make such forms availabl e on its website.
SECTION 6. This act shall become effective November 1, 2025.
60-1-10174 TJ 01/08/25