Rhode Island flag

Rhode Island

Rhode Island Nursing Home Camera Laws: Electronic Monitoring Rights

Independently fact-checkedBy Recording Law Editorial Team9 min read
Rhode Island Nursing Home Camera Laws: Electronic Monitoring Rights

Frequently Asked Questions

Can I put a camera in a Rhode Island nursing home or assisted living room?

Yes. Rhode Island's Electronic Monitoring in Nursing and Assisted Living Facilities Act, R.I. Gen. Laws chapter 23-17.29, covers both nursing homes and assisted living residences under a single definition, so a resident of either type of facility can request electronic monitoring with written consent.

Is signage required for a monitored room in Rhode Island?

Yes, and it is two-tier. The facility must post a notice at every entrance accessible to visitors stating that some residents' rooms may be electronically monitored, and a separate notice at the entrance to a specific monitored resident's room. The facility, not the resident, is responsible for installing and maintaining this signage.

Can Rhode Island nursing home camera footage be used in court?

Yes, under conditions. R.I. Gen. Laws section 23-17.29-11 allows a video or audio recording created under the chapter to be admitted into evidence in a civil, criminal or administrative proceeding, provided it has not been edited or artificially enhanced and it carries date and time documentation of when events occurred, subject to the ordinary rules of evidence and procedure.

Who pays for a monitoring device in a Rhode Island facility?

The resident or representative pays for purchase, installation, maintenance and removal, plus any internet service provider costs for the device. The facility cannot charge the resident for the electricity used to operate it.

What happens if my roommate withdraws consent in Rhode Island?

Consent can be withdrawn at any time, documented on the original consent form. If an existing roommate withdraws consent and the resident does not remove the equipment, the facility may remove the device itself.

Can a Rhode Island facility retaliate against a resident for using a camera?

No. The facility may not refuse to admit a potential resident or remove a resident because it disagrees with a monitoring decision, and may not retaliate or discriminate against a resident for consenting or refusing to consent. A contract clause attempting to waive these protections is void.

What are the penalties for violating Rhode Island's camera law?

A licensed facility found in violation is guilty of a misdemeanor punishable by a fine of up to $500 for each violation. An individual convicted of unlawfully accessing or disseminating a recording faces a fine of up to $500, imprisonment of up to six months, or both. The Department of Health director may also issue a statement of deficiency.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. R.I. Gen. Laws section 23-17.29-1, Definitions (facility, dual nursing home / assisted living scope)(webserver.rilegislature.gov).gov
  2. R.I. Gen. Laws section 23-17.29-7, Costs and installation requirements(webserver.rilegislature.gov).gov
  3. R.I. Gen. Laws section 23-17.29-8, Notice to visitors (mandatory two-tier signage)(webserver.rilegislature.gov).gov
  4. R.I. Gen. Laws section 23-17.29-11, Admissibility of electronic monitoring recordings(webserver.rilegislature.gov).gov
  5. R.I. Gen. Laws section 23-17.29-15, Penalties(webserver.rilegislature.gov).gov
Share: