Title 23
Health and Safety

Chapter 17.29
Electronic Monitoring in Nursing and Assisted Living Facilities [Effective January 30, 2025.]

§ 23-17.29-10. Dissemination of recordings. [Effective January 30, 2025.]

(a) Any recording obtained as the result of authorized electronic monitoring shall be considered the personal property of the resident who installed the electronic monitoring device.

(b) No person, facility, or facility representative may access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or resident representative.

(c) Except as prohibited by any other state or federal law, a recording or copy of a recording made as provided in this chapter may only be disseminated for the purpose of addressing health, safety, or welfare concerns of one or more residents.

(d) The resident or resident’s representative who consented to monitoring on behalf of a resident shall provide a copy of any video or audio recording to parties involved in a civil, criminal, or administrative proceeding upon request of a party to said proceeding if the video or audio recording was made during the time period that the conduct at issue in the proceeding allegedly occurred.