North Dakota Century Code Title 50. Public Welfare § 50-10.2-02.1. Authorized virtual monitoring, virtual visitation, and electronic recording--Penalty

1. A resident and the resident representative may treat the resident's living quarters as the resident's home and, subject to rules to protect the privacy and safety of another resident, may purchase and use a technology device of the resident's choice, including a technology device that may facilitate virtual monitoring or virtual visitation with family and other persons, provided operation and use of the technology device does not violate an individual's right to privacy under state or federal law. Subsections 3 through 12 apply if a technology device or a virtual monitoring device is used to record.

2. A resident may use a device of the resident's choice that facilitates virtual monitoring, provided:

3. A facility shall permit a resident or the resident representative to conduct authorized electronic recording of the resident's room through an authorized electronic recording device if:

4. The facility shall cooperate to accommodate the placement of the authorized electronic recording device, unless doing so would place undue burden on the facility.

5. Before placing and using the authorized electronic recording device or virtual monitoring device, a resident or resident representative shall obtain the signed authorization of any other resident residing in the room in accordance with subsection 3. The authorization may be signed by the resident's resident representative.

6. The facility shall make a reasonable attempt to accommodate a resident if a resident or resident representative of a resident who is residing in a shared room wants to have an authorized electronic recording device placed in the room and another resident living in the same shared room refuses to authorize the use of the authorized electronic monitoring device.

7. If authorized electronic recording is being conducted in the room of a resident, and another resident will be moved into the room, the resident who requested the device or the resident's resident representative is responsible for having the existing authorized electronic recording device disabled in compliance with the facility's standards and regulations unless the new resident or the resident's resident representative authorizes the device pursuant to subsections 3 and 5.

8. A facility may not refuse to admit an individual and may not remove a resident from a facility because of authorized electronic recording of a resident's room. A person may not intentionally retaliate or discriminate against a resident for authorization of authorized electronic recording.

9. A facility clearly and conspicuously shall post a sign where authorized electronic recording is being conducted to alert and inform visitors.

10. A facility or staff of the facility may not access any video or audio recording created through an authorized electronic recording device placed in a resident's room without the written consent of the resident or resident representative or court order.

11. An individual that intentionally hampers, obstructs, tampers with, or destroys a recording or an authorized electronic recording device or virtual monitoring device placed in a resident's room, without the express written consent of the resident or resident representative, is subject to a class B misdemeanor. An individual that places an electronic recording device in the room of a resident or which uses or discloses a tape or other recording made by the device may be guilty of a crime or civilly liable for any unlawful violation of the privacy rights of another. In any civil proceeding, administrative proceeding, or survey process, material obtained through the use of an authorized electronic recording device may not be used if an individual intentionally hampered, obstructed, or tampered with the material without the express written consent of the resident or resident representative, or if the material was obtained through the operation of an electronic recording device which was not compliant with this section.

12. A person may not intercept a communication or disclose or use an intercepted communication of an authorized electronic recording device or a virtual monitoring device placed in a resident's room, without the express written consent of the resident or the resident representative.