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ENGROSSED HOUSE
BILL NO. 1832 By: Hefner, Lawson, and Pae of
the House
and
Alvord of the Senate
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 STATE 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 only in the common areas or for
intermediate care facilities and bo th the common areas or room of a
resident of a nursing facility, assist ed living center or continuum
of care facility and the tapes or recordings from such devices
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pursuant to the provisions of Section 1-1953.1 1-1956.1 et seq. of
this title;
3. "Authorized electronic monitoring devices" means:
a. video surveillance cameras installed only in the
common areas or for intermediate care facilities and
both the common areas or resident's room under the
provisions of Section 1 -1953.1 et seq. of this title
in a nursing facility, assisted living center, or
continuum of care facility , 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 rehabilitation 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 help each
individual function at his or her greatest ability , not to include
services through a home and community -based waiver;
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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 res ident" 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
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 Car e and Assisted Living Act, the
Residential Care Act or the Group 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 facility,
assisted living center , intermediate care facility, or continuum of
care facility; and
8. 9. "Unauthorized electronic monitoring" means electronic,
mechanical, or other devices 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.
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SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1956.2, is
amended to read as follows:
Section 1-1956.2. A. A nursing facility, assisted living
center, or continuum of care facility shall provide written notice
to each resident, or to the 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, assist ed living center, 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
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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 nursing facility, assisted living center ,
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 communicatio n 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 c onsent 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 use of authorized electronic monitoring
devices placed in the room pursu ant to the provisions of Section 1-
1953.1 1-1956.1 et seq. of this title at the expense of such person
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or representative of the resident and with the written consent of
any other resident living in the room.
B. A resident who conducts authorized electroni c 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 monitoring device.
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 on a form prescribed by the State
Department of Health and shall be plac ed on file 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 , or continuum of care facility shall
accommodate the resident or the representative of the resident
desiring to utilize a n authorized electronic monitoring device to
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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:
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, or continuum of care facility o n 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 obta in 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 another resident.
C. Consent may be given only:
1. By the resident or any other resident 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.
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E. Except as provided for in Section 1-1953.7 1-1956.7 of this
title, authorized electronic 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
facility, assisted living center , or continuum of care fa cility and
placed on file with the administrator of such facility or ce nter.
F. If authorized electronic monitoring is being conducted in
the room of a resident, another resident may not be moved into the
room unless the resident or representative of 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 other information that it
considers to be appropriate on any form it is required to pres cribe
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 available on its website.
SECTION 6. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2025.
Presiding Officer of the Senate