34-12I-8. Audio monitoring device--Use--Violation as misdemeanor.
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 the extent the violation was caused by the facility's intentional violation of this chapter.
For purposes of this section, an "audio monitoring device,” means a device that is designed to capture, record, or broadcast audio and when placed in a resident's room is used to monitor the resident's conversations or other sounds in the room.
Source: SL 2020, ch 152, § 8.
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.