Bill Text: IL SB0109 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes in the definition of "facility" a facility that provides housing to individuals with dementia. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [SB0109 Detail]

Download: Illinois-2019-SB0109-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Authorized Electronic Monitoring in
5Long-Term Care Facilities Act is amended by changing Sections 5
6and 10 as follows:
7 (210 ILCS 32/5)
8 Sec. 5. Definitions. As used in this Act:
9 "Authorized electronic monitoring" means the placement and
10use of an electronic monitoring device by a resident in his or
11her room in accordance with this Act.
12 "Department" means the Department of Public Health.
13 "Electronic monitoring device" means a surveillance
14instrument with a fixed position video camera or an audio
15recording device, or a combination thereof, that is installed
16in a resident's room under the provisions of this Act and
17broadcasts or records activity or sounds occurring in the room.
18 "Facility" means an intermediate care facility for the
19developmentally disabled licensed under the ID/DD Community
20Care Act that has 30 beds or more, a facility licensed under
21the MC/DD Act, or a long-term care facility licensed under the
22Nursing Home Care Act, or a facility that provides housing to
23individuals with dementia, as defined in Section 3 of the

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1Alzheimer's Disease Assistance Act.
2 "Resident" means a person residing in a facility.
3 "Resident's representative" has the meaning given to that
4term in (1) Section 1-123 of the Nursing Home Care Act if the
5resident resides in a facility licensed under the Nursing Home
6Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
7the resident resides in a facility licensed under the ID/DD
8Community Care Act, or (3) Section 1-123 of the MC/DD Act if
9the resident resides in a facility licensed under the MC/DD
10Act.
11(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
12 (210 ILCS 32/10)
13 Sec. 10. Authorized electronic monitoring.
14 (a) A resident shall be permitted to conduct authorized
15electronic monitoring of the resident's room through the use of
16electronic monitoring devices placed in the room pursuant to
17this Act.
18 (b) Nothing in this Act shall be construed to allow the use
19of an electronic monitoring device to take still photographs or
20for the nonconsensual interception of private communications.
21 (c) A facility that houses dementia residents may allow
22electronic monitoring devices only in rooms:
23 (1) that are located in a building that is entirely
24 dedicated to dementia care; or
25 (2) that are located in a building wing that is solely

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1 dedicated to dementia care.
2(Source: P.A. 99-430, eff. 1-1-16.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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