Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 616
4
5 By: Senator C. Penzo
6
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE ARKANSAS LONG-TERM CARE FACILITY
10 RESIDENT MONITORING AND COMMUNICATIONS ACT; TO
11 ESTABLISH RESIDENT RIGHTS FOR ELECTRONIC MONITORING
12 AND COMMUNICATION IN LONG-TERM CARE FACILITIES; TO
13 DIRECT THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP A
14 COMPREHENSIVE FRAMEWORK FOR RESIDENT MONITORING
15 SYSTEMS; AND FOR OTHER PURPOSES.
16
17
18 Subtitle
19 TO CREATE THE ARKANSAS LONG-TERM CARE
20 FACILITY RESIDENT MONITORING AND
21 COMMUNICATIONS ACT; AND TO ESTABLISH
22 RESIDENT RIGHTS FOR ELECTRONIC
23 MONITORING AND COMMUNICATION IN LONG-
24 TERM CARE FACILITIES.
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28 SECTION 1. Arkansas Code Title 20, Chapter 10, is amended to add an
29 additional subchapter to read as follows:
30 Subchapter 26 -- Arkansas Long-Term Care Facility Resident Monitoring and
31 Communications Act
32
33 20-10-2601. Title.
34 This subchapter shall be known and may be cited as the "Arkansas Long-
35 Term Care Facility Resident Monitoring and Communications Act".
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1 20-10-2602. Legislative findings.
2 The General Assembly finds that:
3 (1) The safety and welfare of long-term care facility residents
4 need to be protected;
5 (2) Communication with loved ones is beneficial to a long-term
6 care facility resident's safety, welfare, and overall quality of life;
7 (3) Electronic monitoring and communication of long-term care
8 facility residents is not prohibited by state law;
9 (4) State law currently provides no guidance to long-term care
10 facilities or the Department of Human Services regarding electronic
11 monitoring and communication of long-term care facility residents;
12 (5) The privacy of long-term care facility residents, including
13 any roommates and others who may enter their residence, is of the highest
14 priority;
15 (6) Residents and their families or legal representatives should
16 be allowed to use both video and audio monitoring systems, and other emerging
17 technologies, to facilitate safe and ethical observation of residents within
18 long-term care settings; and
19 (7) A comprehensive legislative and regulatory framework is
20 necessary to ensure that the rights of residents are respected while
21 balancing provider responsibilities and privacy considerations.
22
23 20-10-2603. Definitions.
24 As used in this subchapter:
25 (1) "Authorized electronic monitoring and communication" means
26 the placement of one (1) or more electronic monitoring devices in the room of
27 a long-term care facility resident and making recordings or conducting audio
28 or video communication with such devices after notifying the long-term care
29 facility of the resident's or the resident's guardian's or legal
30 representative's intent to conduct electronic monitoring and communication;
31 (2) "Electronic monitoring device" means a camera, microphone,
32 or other instrument used to broadcast, record, or communicate audio or visual
33 activity occurring in a room, including video cameras, audio devices, or any
34 emerging technology designed to enable communication or monitoring, but not
35 to intercept wire or unauthorized electronic communications;
36 (3) "Long-term care facility" means:
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1 (A) A nursing home;
2 (B) A residential care facility;
3 (C) A post-acute head injury retraining and residential
4 facility;
5 (D) An intermediate care facility for individuals with
6 developmental disabilities;
7 (E) An assisted living facility; or
8 (F) A facility that provides long-term medical or personal
9 care;
10 (4) "Resident" means a person who resides in a long-term care
11 facility;
12 (5) "Resident's room" means a room in a long-term care facility
13 that is used as a resident's private living quarters; and
14 (6) "Resident's roommate" means a person who resides in the same
15 room with another resident.
16
17 20-10-2604. Authorized electronic monitoring and communications.
18 (a)(1) The Department of Human Services may adopt rules concerning
19 authorized electronic monitoring and communication in a resident's room.
20 (2) Rules promulgated under this subsection shall include
21 without limitation:
22 (A) That a resident or resident's guardian or legal
23 representative may conduct authorized electronic monitoring and communication
24 in the resident's room subject to this subchapter;
25 (B) That a long-term care facility shall not discharge,
26 refuse to admit, or otherwise retaliate against a resident or the resident's
27 representative for conducting or consenting to authorized electronic
28 monitoring and communication;
29 (C) That a resident or the resident's guardian or legal
30 representative who wishes to conduct authorized monitoring shall notify the
31 long-term care facility using a form prescribed by the department;
32 (D) That if a resident resides in a shared room,
33 monitoring may not be permitted without the written consent of the resident's
34 roommate or the resident's roommate's legal guardian or representative;
35 (E) How consent may be given, withheld, or withdrawn;
36 (F) Procedures for when a resident lacks capacity to
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1 consent;
2 (G) That a resident or the resident's legal guardian or
3 representative may be required to release the long-term care facility from
4 civil liability related to authorized monitoring and communication, subject
5 to applicable laws; and
6 (H) That long-term care facilities may require electronic
7 monitoring devices to be placed in plain view.
8 (b) All monitoring devices shall comply with the National Fire
9 Protection Association 101 Life Safety Code or standards determined by the
10 department to be substantially equivalent.
11 (c) Unless otherwise required by state or federal law, a court or
12 agency shall not admit or consider recordings made under this section as
13 evidence or take action based on the recordings.
14
15 20-10-2605. Comprehensive framework.
16 (a) The Department of Human Services shall develop a proposed
17 comprehensive framework to ensure and expand the rights of residents and
18 families to conduct authorized electronic monitoring and communication in
19 long-term care facilities.
20 (b) The Secretary of the Department of Human Services shall delegate
21 the development of the framework to the appropriate divisions within the
22 Department of Human Services.
23 (c) In developing the framework, the Department of Human Services
24 shall:
25 (1) Collaborate with other state agencies, including the
26 Department of Health;
27 (2) Consider laws, rules, and regulations in other states that
28 protect the right to conduct authorized electronic monitoring and
29 communication and prohibit interference by long-term care facility operators;
30 (3) Ensure the framework allows for both video and audio
31 devices, as well as the incorporation of emerging technologies for safe,
32 respectful monitoring and communication;
33 (4) Address issues including without limitation privacy,
34 consent, liability, safety, implementation, and oversight; and
35 (5) Recommend specific legislation and rules that safeguard
36 resident rights while ensuring compliance by facilities.
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1
2 SECTION 2. DO NOT CODIFY. TEMPORARY LANGUAGE. Reporting.
3 On or before July 1, 2026, the Department of Human Services shall
4 present its proposed comprehensive framework to:
5 (1) The Senate Committee on Public Health, Welfare, and Labor;
6 and
7 (2) The House Committee on Public Health, Welfare, and Labor.
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5 04/03/2025 8:13:13 AM JMB612Every fact on this page links to its source, starting with the official bill record.