| (a) An individual or an individual's legally authorized
representative (LAR) who requests to conduct electronic monitoring
in the individual's bedroom must obtain consent annually on behalf
of any individual who shares a bedroom with the requesting individual,
using the required Texas Health and Human Services (HHSC) form. To
provide consent, the form must be signed and dated by a person described
in subsection (b) of this section and given to the director of the
facility in which the individual resides. If the person's consent
is conditioned on a limitation, the limitation must be stated on the
form.
(b) Consent to conduct electronic monitoring may be
given:
(1) only by an individual who shares a bedroom with
the requesting individual, if the individual's interdisciplinary team
(IDT) determines that the individual has the capacity to consent to
electronic monitoring in accordance with §965.6 of this chapter
(relating to Capacity to Request or Consent to Electronic Monitoring)
and the individual has not been judicially declared to lack the required
capacity; or
(2) only by the guardian of an individual who shares
a bedroom with the requesting individual, if the individual has been
judicially declared to lack the required capacity; or
(3) only by an LAR, other than the guardian, of an
individual who shares a bedroom with the requesting individual, if
the individual's IDT determines that the individual does not have
the capacity to consent to electronic monitoring in accordance with §965.6
of this chapter, but the individual has not been judicially declared
to lack the required capacity.
(c) Except as provided in subsection (g) of this section,
consent given in accordance with this section may be conditioned on:
(1) pointing the camera away from the roommate, when
the proposed electronic monitoring device (EMD) is a video surveillance
camera;
(2) limiting or prohibiting the use of an audio EMD;
(3) limiting or prohibiting the use of a recording
made by an EMD; or
(4) limiting or prohibiting the use of an EMD in any
other way.
(d) If an individual who has not yet consented to electronic
monitoring moves into a bedroom in which electronic monitoring is
being conducted, the electronic monitoring must cease until consent
is obtained from or on behalf of the individual in accordance with
this section.
(e) If more than a year has elapsed since consent was
given by or on behalf of an individual who shares a bedroom with an
individual conducting electronic monitoring, the electronic monitoring
must cease until consent is obtained in accordance with this section.
(f) A facility must maintain a copy of the required
HHSC form in the individual's active record of the individual consenting
to electronic monitoring.
(g) Consent that is subject to a condition, as described
in subsection (c) of this section, must not prevent a person from
complying with this chapter or other law, including §965.9(a)
of this chapter (relating to Reporting Abuse, Neglect, and Exploitation).
If a condition on consent would require a person to violate this chapter
or other law, the consent is not valid.
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