44:82:06:07.  Privacy and confidentiality. An owner or operator shall take reasonable steps to provide for privacy and confidentiality for the resident, including the resident's accommodations, medical treatment, written and telephone communications, care, and visits. A resident shall have the right to:

          (1)  Send and receive unopened mail and to have access to stationery, postage, and writing implements at the resident's own expense;

          (2)  Privately access and use a telephone or computer;

          (3)  Visit a spouse or friend, if both are residents of the same home, to share a room with the spouse or friend, within the capacity of the home, upon the consent of both residents;

          (4)  Except in an emergency, have room doors locked and to require knocking and permission before entering the resident's room;

          (5)  Have only authorized staff or other individuals of the resident's choosing present during treatment or activities of personal hygiene;

          (6)  Retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;

          (7)  Meet, associate, and communicate with any person of the resident's choice in a private place within the home;

          (8)  To come and go from the home as the resident chooses, consistent with any restrictions related to specific assessed needs identified in the plan of care; and

          (9)  To participate in social, religious, and community activities that do not interfere with the rights of other residents in the home.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).