Title 34, PUBLIC HEALTH AND SAFETY

Except as otherwise provided in this chapter, a person may not access or disseminate a recording produced by a video monitoring device, without the written consent of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 152 , § 13.

A person who possesses a video recording created in accordance with this chapter shall, upon the facility’s written request, provide a copy of the recording to the facility if: (1) An allegation of neglect, abuse, or other misconduct has been filed against the facility in a civil…

Subject to applicable rules of evidence and procedure, a video recording produced by a video monitoring device may be admitted into evidence in any civil, criminal, or administrative proceeding, provided: (1) The video monitoring was conducted in accordance with this chapter; (2)…

A facility may not discriminate or retaliate against any resident or roommate for consenting to or refusing to consent to video monitoring. A facility may not discriminate against any potential resident or potential roommate for consenting to or refusing to consent to video monit…

A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of a video monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter. Source: SL 2020, ch 152 , § …

Any complaint alleging that a facility has violated this chapter must be filed with the secretary of the Department of Health and adjudicated under chapter 1-26 . A violation of this chapter may not form the basis of any private civil cause of action. Source: SL 2020, ch 152 , § …

Before initiating video monitoring, a resident shall complete and submit to the facility a notice and consent form that meets the requirements of § 34-12I-4. If the resident lacks decision-making capacity, as determined by a physician, the form may be completed and submitted by a…

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 notice and consent form must include: (1) A statement affirming that the resident consents to video monitoring and assumes full responsibility for implementing any restrictions imposed on the placement and use of the video monitoring device and on the dissemination and use of…

The resident is liable for any costs associated with the installation, operation, maintenance, and removal of the video monitoring device, except that the facility may not impose a fee on the resident to cover the cost of electricity for operating the device. Source: SL 2020, ch …

A resident may not use a facility’s local area network to connect the video monitoring device to the internet, unless the facility provides written consent to the resident. A facility that consents to a resident's use of the network may impose conditions on the use to prevent a d…

The resident shall place the video monitoring device in a conspicuously visible location in the resident's room. The facility may impose conditions on the placement of the device to: (1) Prevent damage to the facility; (2) Avoid the creation of a safety hazard; or (3) Avoid the v…

Any person who places or operates an audio monitoring device in a resident's room is guilty of a Class 1 misdemeanor. A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of an audio monitoring device, except to th…

A facility may deactivate and remove any video monitoring device that is installed, placed, operated, or used in violation of this chapter or in violation of any condition imposed in accordance with this chapter. Source: SL 2020, ch 152 , § 9.