Bill Text: CA SB1400 | 2011-2012 | Regular Session | Introduced

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Bill Title: Residential care facilities for the elderly: video

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-22 - Referred to Coms. on HUMAN S. and JUD. [SB1400 Detail]

Download: California-2011-SB1400-Introduced.html

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BILL NUMBER: SB 1400	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2012

   An act to add Section 1569.692 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1400, as introduced, Harman. Residential care facilities for
the elderly: video surveillance.
   Existing law provides for the licensure and regulation of
residential care facilities for the elderly. These provisions are
administered by the State Department of Social Services, and a
violation of these provisions is a misdemeanor. Existing law
establishes various policies and procedures for the purposes of
protecting the health, safety, and property of residents.
   This bill, for purposes of ensuring the safety of residents, would
authorize a residential care facility for the elderly to use video
surveillance in a resident's bedroom if the facility and the resident
or the resident's authorized representative consent to the use of
the video surveillance. The bill would require that any recordings
made become part of the resident's medical record, and that specified
persons entering the resident's bedroom give written, informed
consent with respect to the video surveillance. By expanding the
scope of a crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.692 is added to the Health and Safety
Code, to read:
   1569.692.  (a) For purposes of ensuring the safety of residents, a
residential care facility for the elderly may use video surveillance
in a resident's bedroom if all of the following criteria are met:
   (1) The facility and the resident or the resident's authorized
representative consent to the use of video surveillance. The video
surveillance shall be voluntary, may be canceled at any time by
either party, and shall not be made a condition of admission to the
facility.
   (2) Any recordings made shall become part of the resident's
medical record.
   (3) Written informed consent shall be obtained from any individual
entering the resident's bedroom who is described in subdivision (b)
of Section 1569.17.
   (b) Video surveillance, as described in subdivision (a), shall not
include audio surveillance.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.