North Carolina HB 591: Electronic Monitoring in Nursing/Adult Care Homes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 591

Short Title: Elec. Monitoring in Nursing/Adult Care Homes. (Public)
Sponsors: Representatives Willis, Loftis, and Brody (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of
the House
April 1, 2025
*H591-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING THE G.U.A.R.D. (GUARANTEEING UNINTERRUPTED ACCESS 2
TO RESIDENT DIGNITY) ACT TO PERMIT RESIDENTS OF NURSING HOMES AND 3
ADULT CARE HOMES, AND THEIR FAMILIES, TO MONITOR RESIDENTS 4
THROUGH THE USE OF ELECTRONIC MONITORING DEVICES AT THE EXPENSE 5
OF THE RESIDENTS; TO REQUIRE NURSING HOMES AND ADULT CARE HOMES 6
TO PROVIDE A POWER SOURCE AND MOUNTING SPACE FOR ELECTRONIC 7
MONITORING DEVICES; TO PROHIBIT NURSING HOMES AND ADULT CARE 8
HOMES FROM REFUSING TO ADMIT RESIDENTS BECAUSE OF A REQUEST TO 9
INSTALL AN ELECTRONIC MONITORING DEVICE; TO ALLOW RECORDINGS 10
FROM RESIDENTS' ELECTRONIC MONITORING DEVICES TO BE ADMISSIBLE IN 11
CRIMINAL AND CIVIL ACTIONS, SUBJECT TO THE RULES OF EVIDENCE; AND 12
TO IMPOSE CRIMINAL PENALTIES ON NURSING HOMES AND ADULT CARE 13
HOMES FOR VIOLATIONS OF THE G.U.A.R.D. ACT. 14
The General Assembly of North Carolina enacts: 15
SECTION 1. This act shall be known as "The G.U.A.R.D. Act" or "The 16
Guaranteeing Uninterrupted Access to Resident Dignity Act." 17
SECTION 2. Part 1 of Article 6 of Chapter 131E of the General Statutes is amended 18
by adding a new section to read: 19
"§ 131E-112.10. Electronic monitoring of nursing home and combination home residents. 20
(a) The following definitions apply in this section: 21
(1) Electronic monitoring device. – Any technology capable of capturing and 22
storing audio or video data, or both, including a video surveillance camera, an 23
audio device, a mobile telephone, or an internet video surveillance device. 24
(2) Resident. – A person residing in a nursing home or combination home, or that 25
person's responsible party or legal representative. 26
(b) A nursing home or combination home shall permit a resident to monitor the resident's 27
room through the use of an electronic monitoring device. The nursing home or combination home 28
shall require a resident who exercises this option to post a notice in a conspicuous location on the 29
door of the resident's room stating that the room is being monitored by an electronic monitoring 30
device. 31
(c) All of the following apply to monitoring conducted by a resident under this section: 32
(1) Electronic monitoring is noncompulsory and at the election of the resident. 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 591-First Edition
(2) The resident is responsible for all costs associated with the installation, 1
maintenance, and removal of the electronic monitoring device. 2
(3) To the greatest extent possible, the resident shall protect the privacy rights of 3
other residents and visitors of the nursing home or combination home. 4
(d) In complying with this section, all of the following apply to nursing homes and 5
combination homes: 6
(1) Shall not refuse to admit an individual as a resident of the nursing home or 7
combination home, nor discharge a resident from a nursing home or 8
combination home, due to a request to install an electronic monitoring device 9
in the resident's room. 10
(2) Shall make reasonable physical accommodations for a resident's electronic 11
monitoring device by providing access to power sources, access to the internet 12
if readily available, and a reasonably secure place to mount the electronic 13
monitoring device. 14
(3) Shall inform a resident or prospective resident of the resident's right to install 15
or arrange for the installation of an electronic monitoring device. 16
(4) May require a resident who requests to install an electronic monitoring device 17
to make the request in writing. 18
(5) Shall not include in any contract between a resident and the nursing home or 19
combination home a provision that purports to waive or modify the resident's 20
rights under this section. 21
(e) A recording created through the use of a resident's electronic monitoring device in 22
either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 23
admissible, subject to Chapter 8C of the General Statutes. 24
(f) A person who operates a nursing home or combination home in violation of this 25
section is guilty of a Class A1 misdemeanor and upon conviction is subject to a fine not exceeding 26
two thousand dollars ($2,000) or imprisonment not exceeding one year, or both. 27
(g) A person who willfully and without the consent of a resident hampers, obstructs, 28
tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 29
misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 30
($2,000) or imprison