Any person who places or operates an audio monitoring device in a resident's room is guilty of a Class 1 misdemeanor. A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of an audio monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter. For purposes of this section, an "audio monitoring device,” means a device that is designed to capture, record, or broadcast audio and when placed in a resident's room is used to monitor the resident's conversations or other sounds in the room.
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