(a) For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be covert if:
(1) the placement and use of the device is not open and obvious; and
(2) the institution and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
(b) The department and the institution may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in the room of a resident.