(a) The use of video cameras for the purposes of visually monitoring residents is permitted when necessary to assist in the behavioral or medical monitoring, diagnosis, intervention or treatment of residents who require ongoing and continuous supervision due to intensive medical and/or behavioral programmatic issues or if the licensee intends to use the monitoring as a means by which to prevent or detect abuse, neglect, exploitation, or sexual misconduct. Any providers that utilize a video monitoring system shall develop written criteria for determining which residents will be monitored by video camera, and protocols for implementing video monitoring.

(b) Monitoring shall be permitted only with the written consent of the resident, if competent, or the resident’s authorized representative. The facility must explain when and where monitoring will occur and the purposes of the monitoring system.

(c) The titles and positions of all persons authorized to access video feeds at off-site locations must be disclosed to the Agency. Such remote access must be accompanied by safeguards, such as firewalls and other security measures, sufficient to ensure resident privacy.

(d) The use of remote interactive video monitoring shall be limited to vocational and educational settings, medical and special treatment spaces, administrative offices, or common areas. Remote interactive video monitoring may not be used in bedrooms or bathrooms.

(e) The Agency reserves the right to preclude, restrict, or suspend a facility’s authority to conduct video monitoring pursuant to this subsection at any time if the Agency determines that any of the provisions of this subsection or of section 393.13, F.S., have been violated.

(f) A violation of this subsection shall constitute a Class II violation.