Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878)
AB 368 expands Nevada’s rules on electronic communication devices—such as cameras or audio recorders—in care settings. Under existing law, a patient in a skilled nursing facility could request installation of such a device in the patient’s living quarters, subject to consent and privacy protections. This bill broadens that framework to additional “covered facilities,” including intermediate care facilities, skilled nursing facilities, homes for individual residential care, long-term care units in hospitals, residential facilities for groups, and assisted living services in senior living communities. It also creates a parallel set of rights for residents of living communities for persons with disabilities, allowing a resident or representative to request a device in the resident’s bedroom under similar conditions.
The bill requires facilities and living communities to approve qualifying requests, sets out consent and notice requirements for roommates, and allows requests or consents to be withdrawn, with removal of the device required within 24 hours. It places the cost of the device, installation, maintenance, removal, and related repairs on the resident or patient, and limits the device’s design and placement to reduce privacy intrusion where possible. The bill also prohibits retaliation, discrimination, eviction, discharge, or refusal of services because a person chooses to use an electronic communication device, while preserving exceptions for law enforcement and certain authorized investigators and attorneys.
AB 368 also reaches supported living arrangement services provided in a person’s home. It bars providers from entering contracts that prohibit electronic communication devices in the home and prohibits providers and their employees or contractors from refusing service or retaliating because a device is installed or used. In addition, the bill updates licensing and enforcement provisions so the Division of Public and Behavioral Health may deny, suspend, or revoke a covered facility’s license for noncompliance, and it authorizes the Aging and Disability Services Division to adopt regulations to implement the new rules. The bill makes related technical and conforming changes across multiple chapters of Nevada law, including updates to definitions and repeal of obsolete references.
The general sentiment around the bill appears strongly supportive. It passed the Assembly 42-0 and the Senate 21-0, indicating unanimous bipartisan approval in both chambers. The absence of recorded committee testimony in the provided materials suggests no documented public controversy in this record, and the final votes point to broad agreement with the bill’s consumer-protection and resident-safety goals.
The main points of potential contention are the privacy and operational burdens created by allowing recording devices in care settings and homes. The bill addresses those concerns by requiring roommate consent, limiting who may access recordings, and prohibiting unauthorized viewing or sharing of images and sounds. It also includes a separate restriction on posting recordings of employees or independent contractors of living communities to websites or social media, which may reflect concern about misuse of recordings. Another possible issue is enforcement against facilities and providers, since the bill adds civil penalties and misdemeanor exposure for violations and gives regulators authority to sanction noncompliant facilities.
AB 368 amends Nevada law to extend electronic communication device protections beyond skilled nursing facilities to a broader set of long-term care and disability-related settings, and it creates new rights for residents of disability living communities and recipients of supported living arrangement services. It adds new definitions, expands regulatory authority, and ties compliance to facility licensing and disciplinary consequences. The bill also repeals obsolete statutory references and makes conforming changes across chapters 159, 427A, 435, and 632 of NRS, affecting facilities, providers, residents, patients, roommates, guardians, and state regulators.
The bill’s reception appears overwhelmingly positive. It passed both the Assembly and Senate unanimously, with no recorded dissent in the voting history provided. That suggests broad legislative support for expanding resident and patient rights to use electronic communication devices for safety, monitoring, and accountability in care settings.
The principal tension in AB 368 is between resident safety/accountability and privacy, dignity, and operational concerns for facilities and providers. Opponents or cautious stakeholders could object to cameras or audio devices in bedrooms and living quarters, especially where roommates are involved or where recordings might capture intimate activities. The bill responds by requiring consent, limiting access to recordings, and allowing devices to be disabled by investigators and attorneys, but it also imposes penalties on facilities and providers that interfere with the right to use these devices. A separate point of sensitivity is the new prohibition on posting recordings of employees or contractors online, which reflects concern about misuse of recordings and may be viewed as limiting resident speech or documentation practices.