34-12I-14. Allegation of misconduct--Request for video.
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, criminal, or administrative action; and
(2)The recording contains evidence pertinent to the alleged neglect, abuse, or other misconduct.
The facility shall reimburse the person for any reasonable costs incurred in providing the video recording.
Source: SL 2020, ch 152, § 14.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities
Section 34-12I-1 - Definitions.
Section 34-12I-2 - Consent form--Submission to facility.
Section 34-12I-3 - Roommate--Consent--Refusal--Restrictions--Relocation.
Section 34-12I-4 - Consent form--Content.
Section 34-12I-5 - Cost--Liability.
Section 34-12I-6 - Connection to internet--Options--Conditions.
Section 34-12I-7 - Video monitoring device--Placement--Conditions.
Section 34-12I-8 - Audio monitoring device--Use--Violation as misdemeanor.
Section 34-12I-9 - Removal of device--Authority.
Section 34-12I-10 - Responsibility of resident--Facility.
Section 34-12I-12 - Destruction prohibited--Violation as misdemeanor.
Section 34-12I-13 - Access and dissemination--Violation as misdemeanor.
Section 34-12I-14 - Allegation of misconduct--Request for video.
Section 34-12I-15 - Evidentiary material.
Section 34-12I-16 - Discrimination--Retaliation--Prohibition.