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AB 368

Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878)

2025 Regular Session Introduced by Max Carter

AB 368 lets patients/residents request cameras in bedrooms of covered facilities, with consent, privacy safeguards, and penalties for violations.

Approved by the Governor. Chapter 250.
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Bill Summary · AB 368

AB 368 — Summary (Electronic communication devices in care settings)

Status: Enacted (Chapter 145, Statutes of 2025). Approved by the Governor: October 1, 2025.

Main purpose

AB 368 expands and clarifies Nevada law to allow patients and residents (or their authorized representatives) to request installation and use of electronic communication devices (commonly: cameras) in bedrooms/living quarters in a broader set of congregate care settings and living communities for persons with disabilities. The bill adds procedural protections for residents and limits on facility responses while also creating enforcement mechanisms.

Key provisions

  • Scope / covered settings: Extends device rules beyond skilled nursing to specified “covered facilities,” including facilities for intermediate care, skilled nursing, homes for individual residential care, long‑term care units in hospitals, residential facilities for groups, and assisted‑living services provided in senior living communities. It also creates parallel provisions for “living communities for persons with disabilities” and addresses provider‑operated supported living arrangements.
  • Authorization and consent:
    • A patient/resident or their representative may request installation and use of an electronic communication device in the bedroom/living quarters.
    • A roommate’s written consent is required if applicable; if a roommate refuses, the facility must make reasonable efforts to accommodate (for example, moving the patient or roommate with consent).
    • The requesting person generally bears responsibility for selecting and paying for the device (consistent with prior law).
  • Use limitations and privacy protections:
    • The statute limits who may view or listen to device recordings (authorization rules established in the law/regulations).
    • Prohibits unauthorized access, tampering with, destroying, publicly posting, or distributing recordings (including uploading images/sounds of employees or contractors to internet sites).
    • Employees may not refuse to enter a bedroom or refuse services because a device is present.
  • Supported living arrangements:
    • Providers of supported living arrangement services may not enter agreements that prohibit installation of devices or refuse to provide services, enter homes, or otherwise discriminate because a device is present.
  • Enforcement and remedies:
    • Civil and criminal penalties are available for specified violations (e.g., unauthorized viewing, tampering, discriminatory action).
    • The Division of Public and Behavioral Health may deny, suspend, or revoke licenses of covered facilities that fail to comply.
    • The Aging and Disability Services Division administrator may adopt regulations to implement provisions for living communities for persons with disabilities.

Who is affected

  • Primary beneficiaries: patients and residents in covered facilities and living communities for persons with disabilities, and their families/representatives.
  • Regulated entities: facility operators, staff, supported living providers, and roommates.
  • Enforcement agencies: Division of Public and Behavioral Health; Aging & Disability Services Division.

Procedural / timeline notes

  • Passed both houses with amendments during the 83rd Legislative Session (2025); enrolled and presented to the Governor in September 2025.
  • Chaptered as Chapter 145, Statutes of 2025; effective upon chaptering (see Chapter date: Oct 1, 2025).
  • Implementation will involve administrative regulations (as authorized) and licensing enforcement actions by state agencies.

Practical considerations

  • The law balances resident autonomy and monitoring with privacy and due‑process safeguards (roommate consent, limits on access, prohibition on posting footage).
  • Facilities must update policies, notices, staff training, and possibly physical workflows to accommodate requests and prevent prohibited conduct.
  • Supported living providers and waiver‑funded services should review federal Medicaid requirements (privacy and rights restrictions) to ensure consistency with both state law and federal rules.

Compiled from official sources — confirm details with the bill’s official record.

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