Ohio Code 3721.63 – Form prescribed by facility
A long-term care facility may prescribe a form for use by a resident or resident’s guardian or attorney in fact seeking to authorize the installation and use of an electronic monitoring device in the resident’s room in a long-term care facility. If a long-term care facility prescribes a form, it shall, at a minimum, include all of the following:
Terms Used In Ohio Code 3721.63
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(A) An explanation of sections 3721.60 to 3721.67 of the Revised Code;
(B) An acknowledgment that the resident or resident’s guardian or attorney in fact has consented to the installation and use of the device in the resident’s room;
(C) In the case of a resident who lives in a room with another resident, an acknowledgment that the other resident or other resident’s guardian or attorney in fact has consented to the installation and use of the device and a description of any conditions placed on that consent pursuant to division (B)(2) of section 3721.62 of the Revised Code;
(D) A section for providing the facility with information regarding the type, function, and use of the device to be installed and used;
(E) A section stating that the facility is released from liability in any civil or criminal action or administrative proceeding for a violation of the resident’s right to privacy in connection with using the device.
Last updated January 14, 2022 at 5:34 PM