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388-107-0780  <<  388-107-0790 >>   388-107-0800

PDFWAC 388-107-0790

Electronic monitoring equipmentResident requested use.

(1) The facility must not use audio or video monitoring equipment to monitor any resident unless:
(a) The resident has requested the monitoring; and
(b) The monitoring is only used in the sleeping room of the resident who requested the monitoring.
(2) If the resident requests audio or video monitoring, before any electronic monitoring occurs the facility must ensure:
(a) That the electronic monitoring does not violate chapter 9.73 RCW;
(b) The resident has identified a threat to the resident's health, safety or personal property; and
(c) The resident and the facility have agreed upon a specific duration for the electronic monitoring documented in writing.
(3) The facility must:
(a) Reevaluate the need for the electronic monitoring with the resident at least quarterly; and
(b) Have each reevaluation in writing signed and dated by the resident.
(4) The facility must immediately stop electronic monitoring if the:
(a) Resident no longer wants electronic monitoring; or
(b) Resident becomes unable to give consent.
(5) For the purposes of consenting to video electronic monitoring, without an audio component, the term "resident" includes the resident's decision maker.
(6) For the purposes of consenting to audio electronic monitoring, the term "resident" includes only:
(a) The resident residing in the facility; or
(b) The resident's court-appointed guardian or attorney-in-fact who has obtained a court order specifically authorizing the court-appointed guardian or attorney-in-fact to consent to audio electronic monitoring of the resident.
(7) If the resident's decision maker consents to audio electronic monitoring as specified in subsection (6) above, the facility must maintain a copy of the court order authorizing such consent in the resident's record.
[Statutory Authority: Chapter 70.97 RCW. WSR 14-19-071, § 388-107-0790, filed 9/12/14, effective 10/13/14.]
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