Each resident of an assisted living facility has a right to receive visitors of the resident’s own choosing, at the time of the resident’s own choosing, provided the visitation does not impose upon the rights of another resident.

In addition to those persons granted access to a resident in accordance with their official capacities, a facility must provide access to any resident by:

Terms Used In South Dakota Codified Laws 34-12-67

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(1) A member of the resident’s immediate family and other relatives of the resident, subject to reasonable clinical and safety restrictions and the resident’s right to deny or withdraw consent;

(2) Any other person visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident’s right to deny or withdraw consent; and

(3) Any person providing health, social, legal, or other services to the resident, subject to reasonable clinical and safety restrictions and the resident’s right to deny or withdraw consent.

Source: SL 2021, ch 142, § 1.