Nanny Cam In Nursing Home In KY /

Employee Asked To Hold License

August 27, 2013

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Question re nanny cam in nursing home in KY
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Ken,
First off I would like to say, we love the forum...I read it every morning..instead of the news lol.
We have a client that contacted us wanting to hide a nanny cam in her husbands room at the nursing home to keep an eye on him, and the care that he is receiving. ..this is in the state of Kentucky..are there any legal restrictions that you can think of that would make this impossible?
Warm Regards,
Rob Smith
OVC Cabling
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Answer
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You can install the device. You can ask your husband to sign a statement that he consents. If he is unable to provide such consent them I think you can consent for him. Here is the voyeurism law in KY:
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KRS § 531.090 (2007) [I dont know if amended since 2007].
531.090. Voyeurism.
(1) A person is guilty of voyeurism when:
(a) He or she intentionally:
1. Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or
2. Uses the unaided eye or any device designed to improve visual acuity for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or
3. Enters or remains unlawfully in or upon the premises of another for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without the person's consent; and
(b) The other person is in a place where a reasonable person would believe that his or her sexual conduct, genitals, or nipple of the female breast will not be observed, viewed, photographed, filmed, or videotaped without his or her knowledge.
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Your nanny camera is not being installed in violation of the above.
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Question - employee asked to hold license
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Ken,
I work for a large alarm company and currently hold a fire ,burglary , and locksmith license in the state of NJ. My employer has asked me to be the business qualifier as to secure a business license in NJ.
My concerns are that I will be opening myself up to a law suite should something ever go wrong.
My employer has offered a indemnity agreement to protect me, but I'm still having reservations about signing it. Any suggestion would be greatly appreciated.
Thanks,
Ron
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Answer
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You should not agree to hold a license for your employer or enter into any agreement, indemnity or otherwise, offered by your employer, unless you are represented by your own attorney - one who knows this industry. My number is below.
Both you and your employer should have your own concerns regarding this relationship. These concerns are not mutually exclusive - some concerns are common but others are actually unique to each of you, although the common overall goal is to operate a license compliance company and make money.
The good news for you is that your employer should be paying your legal fees for negotiating and preparing the agreement. Assuming you consider your license a valuable asset you should be very careful how you use it.

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