Iowa HF 664: A bill for an act providing for the operation of certain water vessels while towing a person without an observer.

Bill Text

House
File
664
-
Introduced

HOUSE
FILE
664

BY
BODEN
,
GEHLBACH
,
TUREK
,

GUSTOFF
,
GOLDING
,
GEARHART
,

KNIFF
MCCULLA
,
ANDREWS
,

SRINIVAS
,
GERHOLD
,

DUNWELL
,
THOMPSON
,
SHIPLEY
,

HENDERSON
,
and
HORA

A
BILL
FOR

An
Act
relating
to
the
requirements
for
authorized
electronic
1

monitoring
in
nursing
facilities,
and
providing
penalties.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

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H.F.
664

Section
1.
NEW
SECTION
.
135C.49
Definitions.
1

As
used
in
this
subchapter,
unless
the
context
otherwise
2

requires:
3

1.
“Electronic
monitoring”
means
the
placement
and
use
of
an
4

electronic
monitoring
device
by
a
resident
in
the
resident’s
5

room
in
accordance
with
this
subchapter.
6

2.
“Electronic
monitoring
device”
means
a
camera
or
other
7

device
that
captures,
records,
or
broadcasts
audio,
video,
8

or
both,
that
is
placed
in
a
resident’s
room
and
is
used
to
9

monitor
the
resident
or
activities
in
the
room.
10

3.
“Resident”
means
an
individual
admitted
to
a
nursing
11

facility
in
a
manner
prescribed
in
section
135C.23.
12

4.
“Resident
representative”
means
one
of
the
following
in
13

the
order
of
priority
listed,
to
the
extent
the
person
may
14

reasonably
be
identified
and
located:
15

a.
The
attorney
in
fact
designated
to
make
treatment
16

decisions
for
the
resident
in
accordance
with
chapter
144B.
17

b.
The
guardian
of
the
resident
if
one
has
been
appointed
18

pursuant
to
chapter
633.
19

c.
The
resident’s
spouse.
20

d.
An
adult
child
of
the
resident
or,
if
the
resident
has
21

more
than
one
adult
child,
a
majority
of
the
adult
children
who
22

are
reasonably
available.
23

e.
A
parent
of
the
resident,
or
parents
if
both
are
24

reasonably
available.
25

f.
An
adult
sibling
of
the
resident.
26

Sec.
2.
NEW
SECTION

.
135C.50
Electronic
monitoring.
27

1.
A
resident
or
a
resident
representative
may
conduct
28

electronic
monitoring
of
the
resident’s
room
through
the
use
of
29

an
electronic
monitoring
device
placed
in
the
resident’s
room
30

pursuant
to
this
subchapter.
31

2.
Nothing
in
this
section
precludes
the
use
of
electronic
32

monitoring
otherwise
allowed
by
law.
33

Sec.
3.
NEW
SECTION

.
135C.51
Consent
to
electronic
34

monitoring.
35

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1.
Except
as
otherwise
provided
in
this
subchapter,
1

a
resident
must
consent
to
electronic
monitoring
in
the
2

resident’s
room
in
writing
on
a
notification
and
consent
3

form
prescribed
by
the
department.
If
the
resident
has
4

not
affirmatively
objected
to
electronic
monitoring
and
the
5

resident’s
medical
professional
determines
that
the
resident
6

lacks
the
ability
to
understand
and
appreciate
the
nature
7

and
consequences
of
electronic
monitoring,
the
resident
8

representative
may
consent
on
behalf
of
the
resident.
For
9

purposes
of
this
subsection,
a
resident
affirmatively
objects
10

when
the
resident
orally,
visually,
or
through
the
use
of
11

auxiliary
aids
or
services
declines
electronic
monitoring.
The
12

resident’s
response
shall
be
documented
on
the
notification
and
13

consent
form.
14

2.
Prior
to
a
resident
representative
consenting
on
behalf
15

of
a
resident,
the
resident
shall
be
asked
if
the
resident
16

wants
electronic
monitoring
to
be
conducted.
The
resident
17

representative
shall
explain
all
of
the
following
to
the
18

resident:
19

a.
The
type
of
electronic
monitoring
device
to
be
used.
20

b.
The
standard
conditions
or
restrictions
that
may
be
21

placed
on
the
electronic
monitoring
device’s
use
including
as
22

specified
in
the
list
of
standard
conditions
or
restrictions
23

contained
in
the
notification
and
consent
form
completed
by
the
24

resident
as
provided
in
section
135C.54.
25

c.
The
dissemination
and
use
of
any
recording
as
provided
26

under
section
135C.58
or
135C.59.

27

d.
The
resident’s
ability
to
decline
all
recordings.
28

3.
A
resident,
or
resident
representative
when
consenting
29

on
behalf
of
the
resident,
may
consent
to
electronic
monitoring
30

with
any
conditions
or
restrictions
of
the
resident’s
or
31

resident
representative’s
choosing,
including
the
list
32

of
standard
conditions
or
restrictions
contained
in
the

33

notification
and
consent
form
completed
by
the
resident
34

as
provided
in
section
135C.54.
A
resident,
or
resident
35

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H.F.
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representative
when
consenting
on
behalf
of
the
resident,
may
1

request
that
the
electronic
monitoring
device
be
turned
off
2

or
the
visual
or
audio
recording
component
of
the
electronic
3

monitoring
device
be
blocked
at
any
time.
4

4.
Prior
to
implementing
electronic
monitoring,
a
resident,
5

or
resident
representative
when
acting
on
behalf
of
the
6

resident,
shall
obtain
the
written
consent
on
the
notification
7

and
consent
form
of
any
other
resident
who
is
a
roommate
8

residing
in
the
shared
room.
A
roommate’s
or
roommate’s
9

resident
representative’s
written
consent
shall
comply
with
10

the
requir