§ 34-12I-3 — Roommate--Consent--Refusal--Restrictions--Relocation.

South Dakota § 34-12I-3

• Jurisdiction: South Dakota
• Title 34: PUBLIC HEALTH AND SAFETY
• Ch. 34-12H: VIDEO OR AUDIO MONITORING IN ASSISTED LIVING CENTERS AND NURSING FACILITIES

Text

If a resident has a roommate, the resident may not conduct video monitoring unless the roommate has provided written consent. If the roommate lacks decision-making capacity, as determined by a physician, the consent may be provided by an authorized representative of the roommate. The roommate may refuse or withdraw consent to video monitoring. If consent is refused, the resident may not conduct video monitoring and if consent is withdrawn, the resident shall remove any video monitoring device from the room. If the resident fails to remove the video monitoring device, the facility shall remove the device. The roommate may impose restrictions on the placement and operation of the resident's video monitoring device and on the dissemination and use of any data produced by the device. The restrictions must be included with the resident’s notice and consent form, in accordance with § 34-12I-4. The resident shall comply with any restrictions imposed by a roommate. Upon being notified by a roommate and determining that the resident is not in compliance with any such restriction, the facility shall remove the video monitoring device from the room. If the roommate refuses to consent, the facility shall, upon the written request of the resident, relocate the resident to another room, as soon as circumstances permit. The facility is not required to provide the resident with a single room, unless the resident agrees to pay the increased charges.

Legislative History

SL 2020, ch 152, § 3.