(a) Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representative of the resident.

(b)

(1) When an employee or agent of a long-term care facility photographs a resident under conditions in which consent is required, the evidence of the consent shall be maintained in the file of the resident at the long-term care facility.

(2) The consent described in subdivision (b)(1) of this section shall be continuously effective unless the consent is rescinded in writing by the resident or the guardian or legal representative of the resident.

(c) Failure to obtain consent prior to photographing a resident in a long-term care facility shall be a Class B misdemeanor.

(d) This section does not prevent:

(1) A person licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., from photographing a patient for purposes of medical treatment;

(2) A person licensed by the Arkansas State Board of Nursing from photographing a patient for purposes of medical treatment;

(3) Facility staff or agents from photographing a resident of a long-term care facility on social occasions; or

(4) The taking of a photograph by security cameras or other devices for the safety or security of residents.

(e) (1) The photographing of residents is permitted without written consent from the resident or the guardian or legal representative of the resident when the photographing is in connection with a survey or investigation made by the Department of Human Services, the office of the Attorney General, or the United States Department of Health and Human Services, or any agent of the listed entities while in the course of:

(A) Licensure inspections;

(B) Medicaid certification;

(C) A complaint investigation; or

(D) An investigation of allegations of abuse or neglect of residents or misappropriation of residents' property.

(2) Under the circumstances listed in subdivision (e)(1) of this section, the photographs shall be used only for evidentiary purposes concerning the alleged violations and shall not be released to the media or to the public but shall be made available to the facility if utilized to impose a remedy or to set forth a statement of deficiency.