CHAPTER 496
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 18 of Title 63.2 a section numbered 63.2-1808.2 , relating to assisted living facilities; electronic monitoring in resident rooms.
[S 409]
Approved April 8, 2026
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 18 of Title 63.2 a section numbered 63.2-1808.2 as follows:
§ 63.2-1808.2 . Electronic monitoring in resident rooms.
A. As used in this section:
"Electronic monitoring" means the use of a surveillance device with a fixed position video camera or audio recording device, or a combination thereof, which is installed in a resident's room and broadcasts or records activities or sounds occurring within the confines of the room. "Electronic monitoring" does not include use of a device that enables audio communication into the resident's room from another source.
"Family member" means the resident's spouse, parent, stepparent, child, stepchild, sibling, half-sibling, grandparent, or grandchild.
"Legal representative" means a person legally responsible for representing or standing in the place of the resident for the conduct of his affairs. This may include a guardian, conservator, attorney-in-fact under durable power of attorney, trustee, or other person expressly named by a court of competent jurisdiction or the resident as his agency in a legal document that specifies the scope of the representative's authority to act. A legal representative may only represent or stand in the place of a resident for the function for which he has legal authority to act.