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Missouri Nursing Home Camera Laws: RSMo §§ 198.610-198.632 Electronic Monitoring

Independently fact-checkedBy Recording Law Editorial Team8 min read
Missouri Nursing Home Camera Laws: RSMo §§ 198.610-198.632 Electronic Monitoring

Frequently Asked Questions

Can you install a camera in a Missouri nursing home room?

Yes. RSMo Sections 198.610 through 198.632 give a resident, guardian, or legal representative the right to install a video or audio monitoring device in the resident's own room, in force since August 28, 2020.

Does Missouri's monitoring law cover assisted living facilities?

Yes. Section 198.610 defines a covered facility broadly as any residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility, so an assisted living resident has the same right as a nursing home resident.

Does a roommate have to consent to a camera in a shared Missouri facility room?

Yes, in writing, on a department-prescribed roommate consent form under Section 198.620. The roommate can condition consent on the camera pointing away from them and can limit or prohibit audio monitoring specifically.

Who pays for a nursing home camera in Missouri?

The resident, guardian, or legal representative pays all costs except electricity, including the device, installation, and maintenance, under Section 198.622. The facility must make reasonable physical accommodations, such as a secure mounting place and access to power.

Is it a crime to tamper with a Missouri nursing home camera?

Yes. Section 198.632 makes intentionally hampering, obstructing, tampering with, or destroying a lawfully installed device, or destroying or corrupting its data, a class B misdemeanor. Consent from the resident, guardian, or legal representative is a defense.

Can someone else install a hidden camera in a Missouri nursing home resident's room without authorization?

That is a separate offense under Section 198.632. A person other than the resident who places a device without authorization, or consents to an unauthorized placement, commits a class B misdemeanor if the conduct continues after written notice to stop.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. RSMo § 198.610, Authorized Electronic Monitoring in Long-Term Care Facilities Act, Definitions(revisor.mo.gov).gov
  2. RSMo § 198.620, Request and consent form procedure(revisor.mo.gov).gov
  3. RSMo § 198.622, General provisions, cost, accommodation(revisor.mo.gov).gov
  4. RSMo § 198.632, Tampering and unauthorized placement penalties(revisor.mo.gov).gov
  5. 18 U.S.C. § 2511, federal Wiretap Act, one-party consent exception(law.cornell.edu)
  6. Administration for Community Living, State Long-Term Care Ombudsman Program(acl.gov).gov
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