Nursing Home Camera Laws by State

Independently fact-checkedBy Recording Law Editorial Team22 min read

Independently fact-checked against primary sources (last audited August 14, 2026). · 3 primary sources cited on this page. How we verify our legal content

Nursing Home Camera Laws by State

Frequently Asked Questions

Is it legal to put a camera in my mom's nursing home room?

It depends entirely on the state. In the 17 states with an enacted camera statute (plus Washington and Oregon by regulation), a resident or their legal representative has a defined right to request one, subject to consent and notice rules. In the other jurisdictions, there is no specific right, and whether a camera is allowed is a facility policy question decided in the admission agreement. Use the table above to check your state, then read that state's page for the exact mechanics.

Can a nursing home refuse to let me install a camera?

In a state with an enacted right-to-monitor statute, no, a facility generally cannot refuse a compliant request, and most of these laws bar the facility from denying admission or removing a resident over a monitoring request. In a state with no specific law, a facility's own policy controls, and it can lawfully prohibit a personal camera through the admission agreement.

Do I need my mom's roommate's permission to install a camera?

In every state with an enacted camera statute, yes, a roommate's written consent is required before monitoring can begin, and a roommate can typically condition that consent, for example by requiring the camera point away from them or by limiting or prohibiting audio. In a no-statute state, there is no roommate-consent statute specific to cameras, but recording a roommate's private conversation without their consent can still raise exposure under the state's general wiretap or eavesdropping law.

Is audio recording legal with a nursing home camera?

It varies by state and is a separate legal question from the camera itself. Some statutes allow audio with roommate consent (Texas, Missouri, Illinois, Kansas), some criminally ban audio monitoring outright (South Dakota), some guidance documents bar it (Maryland, California's assisted-living guidance), and some statutes require video-only once a roommate is present (Virginia). In every state, a camera's microphone also has to satisfy the state's general one-party or all-party recording-consent law for any conversation it captures outside the camera statute's own process.

What if there's no nursing home camera law in my state?

You still have options. A federal camera right does not exist anywhere, so in a no-statute state the facility's own policy controls whether a camera is allowed, the state's general recording-consent law governs any audio it captures, and the state and federal Long-Term Care Ombudsman program remains available for a complaint regardless of whether a camera statute exists. Installing a hidden camera without the facility's knowledge carries practical risk on top of the legal question, including possible admission-agreement violations, so read the no-statute framing on your specific state's page before doing that.

Can nursing home camera footage be used as evidence of abuse?

Often yes, subject to the specific state's evidence rules, and several statutes (Texas, Rhode Island, South Dakota, and others) contain their own admissibility clause requiring a date-and-time stamp and unedited, unenhanced footage. Even in a no-statute state, camera footage can support a complaint to the state's licensing agency or the Long-Term Care Ombudsman, and can support a civil claim if it documents abuse or neglect.

Does a nursing home camera law cover assisted living too?

Sometimes, and this is one of the most misread parts of the topic. A law that reads as universal can still exclude assisted living entirely (Ohio's Esther's Law, Louisiana, Connecticut), while others cover it fully (Kansas, Minnesota, Missouri, Oklahoma, Rhode Island) or on a delay (Illinois, not until 2027). Check the Assisted Living Covered column in the table above, then confirm the detail on your state's own page, since a single word in a statute's facility definition can change the answer.

Updates

Independently fact-checked against the cited primary sources

State-by-state comparison

Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.

StateStatute citedCourt citations
Alabama
Alaska
ArizonaArizona Revised Statutes, Title 36: Public Health and Safety, Chapter 4 (Health Care Institutions), Article 1 § 36-420.06Electronic monitoring; disclosure; posting; definitions
ArkansasArkansas Code of 1987 Annotated § 20-10-104Photographing prohibited — Exceptions.
CaliforniaCalifornia Penal Code § 632267 opinions · latest 2026
Colorado
ConnecticutConnecticut General Statutes, Title 19a (Public Health and Well-Being), Chapter 368v § 19a-550bNursing home resident rights to technology of their choice.…
DelawareDelaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 005 (SPECIFIC OFFENSES) § 1335Violation of privacy; class A misdemeanor; class G felony.15 opinions · latest 2026
District of Columbia
FloridaFlorida Statutes § 934.03Interception and disclosure of wire, oral, or electronic…74 opinions · latest 2026
GeorgiaOfficial Code of Georgia Annotated § 16-11-62Eavesdropping, surveillance, or intercepting communication…94 opinions · latest 2026
HawaiiHawaii Revised Statutes, Chapter 711: OFFENSES AGAINST PUBLIC ORDER § 711-1111Violation of privacy in the second degree10 opinions · latest 2026
Idaho
IllinoisIllinois Compiled Statutes Chapter 210, Act 32 (Authorized Electronic Monitoring in Long-Term Care Facilities Act) § 10Authorized electronic monitoring
IndianaIndiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE § 35-46-8.5-1Unlawful photography, surveillance, and tracking on private…
Iowa
KansasKansas Statutes Annotated, Chapter 39: DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE § 39-981Authorized electronic monitoring; reasonable…
Kentucky
LouisianaLouisiana Revised Statutes § 40:1193.3Monitoring device; authorization and use
MaineMaine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 2: SUBSTANTIVE OFFENSES, Chapter 21: OFFENSES AGAINST PUBLIC ORDER § 511Violation of privacy6 opinions · latest 2026
Maryland
MassachusettsMassachusetts General Laws, Chapter 272 § 99Interception of wire and oral communications271 opinions · latest 2026
MichiganMichigan Compiled Laws § 750.539dInstallation, placement, or use of device for observing,…24 opinions · latest 2026
MinnesotaMinnesota Statutes, Chapter 144: DEPARTMENT OF HEALTH § 144.6502ELECTRONIC MONITORING IN CERTAIN FACILITIES
Mississippi
MissouriRevised Statutes of Missouri, Title XII (PUBLIC HEALTH AND WELFARE), Chapter 198 § 198.612Placement of electronic monitoring device — immunity from…
MontanaMontana Code Annotated, Title 45 § 45-8-213Privacy In Communications23 opinions · latest 2025
Nebraska
NevadaNevada Revised Statutes, Chapter 449A: CARE AND RIGHTS OF PATIENTS § 449A.182Request for installation and use: Contents; form; approval;…
New HampshireNew Hampshire Revised Statutes Annotated, TITLE LVIII PUBLIC JUSTICE, CHAPTER 570-A WIRETAPPING AND EAVESDROPPING § 570-A:2Interception and Disclosure of Telecommunication or Oral…35 opinions · latest 2025
New Jersey
New MexicoNew Mexico Statutes Annotated 1978, Chapter 24 § 24-26-3Monitoring device; authorization and use
New York
North CarolinaNorth Carolina General Statutes, Chapter 15A: Criminal Procedure Act. § 15A-287Interception and disclosure of wire, oral, or electronic…12 opinions · latest 2026
North DakotaNorth Dakota Century Code § 50-10.2-02.1Authorized virtual monitoring, virtual visitation, and…
OhioOhio Revised Code § 3721.61Electronic monitoring authorization form
OklahomaOklahoma Statutes, Title 63: PUBLIC HEALTH AND SAFETY § 1-1956.5Electronic monitoring of residents
Oregon
PennsylvaniaPennsylvania Consolidated Statutes Title 18 (Crimes and Offenses) § 5703Interception, disclosure or use of wire, electronic or oral…121 opinions · latest 2026
Rhode IslandRhode Island General Laws, Title 23: Health and Safety, Chapter 23-17.29: Electronic Monitoring in Nursing and Assisted Living Facilities § 23-17.29-2Authorization of electronic monitoring
South Carolina
South DakotaSouth Dakota Codified Laws, Chapter 34-12I: VIDEO OR AUDIO MONITORING IN ASSISTED LIVING CENTERS AND NURSING FACILITIES § 34-12I-2Consent form--Submission to facility.
Tennessee
TexasTexas Health and Safety Code § 242.847AUTHORIZED ELECTRONIC MONITORING: GENERAL PROVISIONS
UtahUtah Code, Title 26B: Utah Health and Human Services Code § 26B-2-236Monitoring device -- Installation, notice, and consent --…
Vermont
VirginiaCode of Virginia, Title 32.1: Health § 32.1-138.5:1(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic…
Washington
West Virginia
WisconsinWisconsin Statutes, Chapter 50: Uniform Licensure § 50.09Rights of residents in certain facilities.
WyomingWyoming Statutes, Title 35 - Public Health and Safety - Chapter 2: Hospitals, Health Care Facilities and Health Services - Article 13: Electronic Monitoring of Long-term Care § 35-2-1303Authorized electronic monitoring; applicability.

Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.

Sources and References

  1. 42 CFR 483.10, Resident Rights (federal nursing facility regulation; no camera or monitoring provision)(law.cornell.edu)
  2. 42 U.S.C. 1395i-3, Nursing Home Reform Act, Medicare skilled nursing facility resident rights(law.cornell.edu)
  3. 45 CFR 160.103, HIPAA "covered entity" definition(law.cornell.edu)
  4. 18 U.S.C. 2511, federal Wiretap Act, interception and one-party consent exception(law.cornell.edu)
  5. 42 U.S.C. 3058g, Older Americans Act, State Long-Term Care Ombudsman Program(law.cornell.edu)
  6. Administration for Community Living, State Long-Term Care Ombudsman Program(acl.gov).gov
  7. Texas Health and Safety Code Chapter 242, Subchapter R, Electronic Monitoring of Resident's Room(statutes.capitol.texas.gov).gov
  8. 210 ILCS 32/5, Authorized Electronic Monitoring in Long-Term Care Facilities Act, Definitions(ilga.gov).gov
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