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Code · BILL · 118th Congress · S. 4120 (Introduced in Senate) — To support the direct care professional workforce, and for other purposes. · Sec. 315

Sec. 315. Privacy

196 words·~1 min read·/bill/118/s/4120/is/section-315·

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A covered entity shall not— monitor or record a direct care professional while such direct care professional is— using restroom or bathing facilities; in the private living quarters of the direct care professional; or engaging in any activities associated with the dressing, undressing, or changing of clothes of the direct care professional; subject to subsection (b), restrict or interfere with, or monitor, the private communications of such direct care professional; or take possession of any documents or other personal effects of such direct care professional.
A covered entity may— restrict, interfere with, or monitor the private communications of a direct care professional if the entity has a reasonable belief that such communications significantly interfere with the direct care professional’s performance of expected duties; and establish reasonable restrictions on the private communications of a direct care professional while such direct care professional is performing work for the entity. This section shall not preclude liability under any other law.
In this section, the term private communications means any communication through telephone or internet services, including sending and receiving communications by text message, social media, electronic mail, and telephone, with an entity or individual other than the covered entity.
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