An Act to permit designated visitors in nursing facilities.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 34-12 be amended with a NEW SECTION:
In addition to any other authorized visitation, each resident of a nursing facility has a right to designate two persons who, for the purpose of assisting the resident with activities of daily living, providing emotional support, or providing companionship, may not be denied:
(1) Entry into the facility; or
(2) Presence in the facility for:
(a) Up to twelve consecutive hours during any twenty-four-hour period; or
(b) Unlimited hours, if the resident requires end-of-life care.
If a resident is unable, as a result of a physical or mental disability, to make the designation permitted in this section, a resident's designated representative may do so. Once made, a designation may be changed by the resident, or the resident's representative.
Section 2. That chapter 34-12 be amended with a NEW SECTION:
A nursing facility may, for purposes of ensuring the health and safety of all residents in the facility:
(1) Impose restrictions or requirements on where, within the facility, the persons designated in accordance with section 1 of this Act may go or remain; and
(2) Require that the persons designated in accordance with section 1 of this Act exercise standard precautions, provided:
(a) If the standard precautions include the use of personal protective equipment, the facility shall provide such at its expense; and
(b) The requirements under this subdivision are no more stringent that those imposed on facility staff members who have access to residents.
For purposes of this section, the term, standard precautions, means minimum infection prevention practices that apply to all patient care, regardless of suspected or confirmed infection status, in any setting where health care is delivered.
Section 3. That chapter 34-12 be amended with a NEW SECTION:
Each nursing facility shall post on its website and in a conspicuous place that is readily accessible to residents and visitors, a copy of sections 1 and 2 of this Act, and any other state laws or rules, and federal laws, regulations, or guidance documents, which address the visitation of residents.