Section 34-12I-11 – Notice.
34-12I-11. Notice. If a resident is conducting video monitoring, the facility shall post conspicuous signage at the entrance to the resident’s room indicating that the room is being monitored by means of a video monitoring device. Source: SL 2020, ch 152, § 11.
Section 34-12I-12 – Destruction prohibited–Violation as misdemeanor.
34-12I-12. Destruction prohibited–Violation as misdemeanor. Except as otherwise provided in this chapter, a person may not intentionally remove, hamper, obstruct, tamper with, or destroy a video monitoring device or a video recording produced by such device, without the permission of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, […]
Section 34-12I-13 – Access and dissemination–Violation as misdemeanor.
34-12I-13. Access and dissemination–Violation as misdemeanor. 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.
Section 34-12I-14 – Allegation of misconduct–Request for video.
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 […]
Section 34-12I-15 – Evidentiary material.
34-12I-15. Evidentiary material. 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)The recording has not been edited or artificially enhanced; and (3)The recording […]
Section 34-12I-16 – Discrimination–Retaliation–Prohibition.
34-12I-16. Discrimination–Retaliation–Prohibition. 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 monitoring. Source: SL 2020, ch 152, § 16.
Section 34-12I-17 – Liability–Civil–Criminal.
34-12I-17. Liability–Civil–Criminal. 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, § 17.
Section 34-12I-18 – Complaint–Adjudication.
34-12I-18. Complaint–Adjudication. 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, § 18.
Section 34-12I-8 – Audio monitoring device–Use–Violation as misdemeanor.
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 […]
Section 34-12I-9 – Removal of device–Authority.
34-12I-9. Removal of device–Authority. 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.