Sec. 242.843. COVERT USE OF ELECTRONIC MONITORING DEVICE; LIABILITY OF DEPARTMENT OR INSTITUTION. (a) For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be covert if:
(1) the placement and use of the device is not open and obvious; and
(2) the institution and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
(b) The department and the institution may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in the room of a resident.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter R. Electronic Monitoring of Resident's Room
Section 242.842. Criminal and Civil Liability
Section 242.843. Covert Use of Electronic Monitoring Device; Liability of Department or Institution
Section 242.844. Required Form on Admission
Section 242.845. Authorized Electronic Monitoring: Who May Request
Section 242.847. Authorized Electronic Monitoring: General Provisions
Section 242.848. Reporting Abuse and Neglect
Section 242.849. Use of Tape or Recording by Agency or Court