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The Use of Surveillance Cameras in Nursing Homes: What Does the Law Say?

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4 min
Cameras in CHSLDs

The safety and welfare of elderly individuals residing in long-term care facilities (nursing homes) is a major and legitimate concern for families, establishments, and competent authorities. In this article, we aim to shed light on the legislation and rules surrounding the installation of surveillance cameras in a loved one's room in a nursing home. You will learn more about the rights and obligations of the different parties involved in this process and discover the pros and cons of this measure.

An Overview of the Legislation

You have probably already wished to be present with your loved ones to ensure that they have everything they need. Or to better understand a loved one's behavior changes over a long period without being physically with them. Good news, theAct to combat the mistreatment of seniors and any other adult in a vulnerable situation allows nursing home residents and their families to install surveillance cameras in their rooms. The primary aim of this measure is to ensure the safety of residents and prevent cases of abuse. However, it is important to note that the law imposes clear guidelines on the installation and use of these cameras.

Non-negotiable Rules for Camera Installation

Naturally, even if this law is positive for those wishing to keep an eye on their relative in a nursing home, it is crucial that the use of the camera is regulated to preserve everyone's safety. The use of a surveillance camera in a family member's room in a nursing home must respect certain guidelines established by the government of Quebec. It is essential to follow these rules to guarantee everyone's well-being and privacy.

Your Right to Install a Camera vs. the Preservation of Privacy

The legislation allows a resident or his/her legal representative (in case of incapacity) to install a video surveillance system in his/her room without the facility's authorization. However, surveillance should not be constant, since caregivers only visit the room a few times a day. It is vital to respect the privacy of residents and employees when using surveillance cameras. Thus, the camera should not film or record images or sounds from the bathroom or outside the room. The other resident's permission is required if the room is shared. Moreover, the legislation stipulates that the surveillance device should not violate the rights of other people likely to be filmed, like visitors, who must be informed of the device's presence.

Limited Use of the Camera

The camera should be used in a limited manner, meaning that you cannot film continuously or record images or sounds. Exceptions can be granted if you have a valid reason, for example, to detect and prove ill-treatment. In other words, you can film and broadcast in real time, but you cannot record footage for later viewing.

Installation Costs to Consider

As you might have guessed, the long-term care and accommodation center does not cover the costs related to installation, unless a specific agreement has been reached for this purpose. The residents or their relatives must therefore bear the expenses related to the setup and maintenance of the surveillance system.

Benefits of Using Cameras in Nursing Homes

Monitoring in CHSLDs

1. Build Trust with Families

Installing cameras in resident rooms can help build trust between families and care facilities. Families can thus ensure the quality of care provided to their loved ones and detect any act of abuse.

2. Better Understanding of Resident Behavior

Cameras also allow relatives to observe and understand their loved one's behavior in the nursing home. For example, if a senior is agitated at certain times of the day, family members can see it for themselves.

3. Improving the Quality of Care

Installing surveillance cameras can encourage employees to provide higher-quality care, knowing their actions can be seen at any time. This can also identify gaps in care and make appropriate improvements.

4. Deterrence of Abuse and Theft

This measure can also deter employees and visitors from engaging in inappropriate or malicious behavior, such as abuse or theft, as they are aware that they could be filmed and held accountable for their actions.

5. Facilitation of Investigations and Conflict Resolution

In case of suspicion of abuse or dispute between residents and staff, camera recordings can serve as evidence and facilitate investigations. This allows conflicts to be resolved more quickly and fairly, based on objective information.

Support from Facilities and Resident Committees

The nursing home must inform residents and their relatives of the possibility to install a camera upon their admission. Furthermore, the facility must post a sign indicating this possibility without specifying the exact location of the cameras and support families to help them comply with the rules in force.

Each nursing home has a resident committee responsible for informing residents of their rights, defending their interests, and improving the quality of services. Families can ask the director of the nursing home for the contact details of the service quality and complaints commissioner for the concerned facility. If the commissioner's response does not meet your expectations or if you do not get a response within 45 days, you can also appeal to the Québec Ombudsman. Your complaint will be handled free of charge, and you will be accompanied throughout the process.

Installing surveillance cameras in nursing homes is a legal and regulated measure aimed at ensuring the safety and well-being of residents. However, it is important for families and establishments to respect the established rules to preserve the privacy of all parties involved.

Are you looking for a senior living community for yourself or a loved one? Security is often a concern during this process. Apart from nursing homes, there are several private seniors residences that can meet this need by offering flexibility, autonomy, and unparalleled collaboration. Would you like to learn more about assisted living in Quebec? Housing specialists at Bonjour Residences offer a free search assistance service. Simply fill out an accommodation request online or call 1-844-918-1020.

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