§389.140. Dissemination of Recordings

a)         A facility may not access any video or audio recording created through authorized electronic monitoring without the written consent 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 45(a) of the Act)

 

b)         The resident or person who consented on behalf of the resident in accordance with Section 15 of the Act and Section 389.115 shall provide a copy of any video or audio recording to parties involved in a civil, criminal, or administrative proceeding, upon a party's request, if the video or audio recording was made during the time period that the conduct at issue in the proceeding allegedly occurred.  (Section 45(c) of the Act)

 

c)         Each facility shall report to the Department, in a manner prescribed by the Department, the number of authorized electronic monitoring notification and consent forms received annually.  (Section 55 of the Act)