Section 389.135  Obstruction of Electronic Monitoring Devices

a)         A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the written permission of the resident or the individual who consented on behalf of the resident in accordance with the Act and this Part.  (Section 40(a) of the Act)

b)         A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying a video or audio recording obtained in accordance with this Act without the written permission of the resident or the individual who consented on behalf of the resident in accordance with the Act and this Part.  (Section 40(b) of the Act)

c)         It is not a violation of the Act or this Section if a person or facility turns off the electronic monitoring device or blocks the visual recording component of the electronic monitoring device at the direction of the resident or the person who consented on behalf of the resident in accordance with Section 15 of the Act and Section 389.115.  (Section 40(d) of the Act)

d)         The Department will forward all credible complaints of violations of the Act and this Part to the Office of the Attorney General for further action.