(a) As used in this act:

(i) 'Capacity to consent' means an individual's ability to:

(A) Understand and appreciate the significant benefits, risks and alternatives to proposed health care;

(B) Understand and appreciate the nature and consequences of making decisions concerning one's person; and

(C) Make and communicate a health care decision.

(ii) 'Department' means the Wyoming department of health;

(iii) 'Electronic monitoring' means the placement and use of an electronic monitoring device by a resident in the resident's room pursuant to the requirements of this act;

(iv) 'Electronic monitoring device' means a video camera or other surveillance instrument with a fixed position that captures, records, transmits or broadcasts audio, video or both and that is installed in a resident's room and used for electronic monitoring of the resident and activities in the room;

(v) 'Facility' means an assisted living facility or a nursing care facility certified, licensed or otherwise authorized or permitted by law to provide long-term care in the facility's ordinary course of business and through its employees acting within the scope of their duties;

(vi) 'Resident' means a person who is eighteen (18) years or older residing at a facility;

(vii) 'Resident's representative' means an individual with a power of attorney for health care or other legal authority to make health care decisions on behalf of a resident who lacks capacity to consent;

(viii) 'Resident's room' means a resident's private or shared primary living space within a long-term care facility;

(ix) 'This act' means W.S. 35-2-1301 through 35-2-1308.