South Dakota § 34-12I-1 - Definitions.

§ 34-12I-1. Definitions.

Terms as used in this chapter mean:

(1) "Assisted living center," any institution, rest home, boarding home, place, building, or agency, which is maintained and operated to provide personal care and services, beyond food, shelter, and laundry;

(2) "Authorized representative," the legal guardian of a resident, acting under a court order that specifically authorizes the guardian to consent to video monitoring of the resident, or the agent of a resident, acting under a durable power of attorney that specifically authorizes the agent to consent to video monitoring of the resident;

(3) "Decision-making capacity," the ability to understand, to a reasonable extent, the nature of and the risks and benefits of video monitoring, and to make and communicate, with reasonable accommodation if necessary, a decision regarding video monitoring;

(4) "Facility," an assisted living center or a nursing facility;

(5) "Nursing facility," any entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician, twenty-four hours per day, or an entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities;

(6) "Resident," a person who is at least eighteen years of age and resides in a facility; and

(7) "Video monitoring device," a camera or other device, which captures, records or broadcasts video and which is placed in a resident’s room and used to monitor the resident or activities in the room.

Source: SL 2020, ch 152, § 1.