Public Act 101-0160
 
SB0109 EnrolledLRB101 06106 CPF 51127 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Authorized Electronic Monitoring in 
Long-Term Care Facilities Act is amended  by changing Sections 5 
and 10 as follows:
 
    (210 ILCS 32/5)
    Sec. 5. Definitions.  As used in this Act:

    "Authorized electronic monitoring" means the placement and 
use of an electronic monitoring device by a resident in his or 
her room in accordance with this Act.
    "Department" means the Department of Public Health.

    "Electronic monitoring device" means a surveillance 
instrument with a fixed position video camera or an audio 
recording device, or a combination thereof, that is installed 
in a resident's room under the provisions of this Act and 
broadcasts or records activity or sounds occurring in the room.
    "Facility" means an intermediate care facility for the 
developmentally disabled licensed under the ID/DD Community 
Care Act that has 30 beds or more, a facility licensed under 
the MC/DD Act, or a long-term care facility licensed under the 
Nursing Home Care Act, or a facility that provides housing to 
individuals with dementia, as defined in Section 3 of the 
Alzheimer's Disease Assistance Act. 
    "Resident" means a person residing in a facility.
    "Resident's representative" has the meaning given to that 
term in (1) Section 1-123 of the Nursing Home Care Act if the 
resident resides in a facility licensed under the Nursing Home 
Care Act, (2) Section 1-123 of the ID/DD Community Care Act if 
the resident resides in a facility licensed under the ID/DD 
Community Care Act, or (3) Section 1-123 of the MC/DD Act if 
the resident resides in a facility licensed under the MC/DD 
Act.

(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
 
    (210 ILCS 32/10)

    Sec. 10. Authorized electronic monitoring.
    (a) A resident shall be permitted to conduct authorized 
electronic monitoring of the resident's room through the use of 
electronic monitoring devices placed in the room pursuant to 
this Act.
    (b)  Nothing in this Act shall be construed to allow the use 
of an electronic monitoring device to take still photographs or 
for the nonconsensual interception of private communications.

    (c) A facility that houses dementia residents may allow 
electronic monitoring devices only in rooms:
        (1) that are located in a building that is entirely 
    dedicated to dementia care; or
        (2) that are located in a building wing that is solely 
    dedicated to dementia care. 
(Source: P.A. 99-430, eff. 1-1-16.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  7/26/2019