South Carolina H 4646: Nursing Homes

Bill Text

2025-2026 Bill 4646 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4646

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ENACTING THE "NURSING HOME VIRTUAL VISITATION ACT" BY 
ADDING CHAPTER 83 TO TITLE 44 SO AS TO ALLOW RESIDENTS OF NURSING HOMES TO 
AUTHORIZE THE INSTALLATION AND USE OF A MONITORING DEVICE IN THEIR ROOM, WITH 
EXCEPTIONS; TO PROVIDE CERTAIN PROTECTIONS FROM CIVIL LIABILITY FOR CONDUCT 
AUTHORIZED BY THIS CHAPTER; TO REQUIRE NOTICE TO VISITORS AND OTHER RESIDENTS 
OF THE USE OF MONITORING DEVICES; AND FOR OTHER PURPOSES; AND BY AMENDING 
SECTION 44-81-40, RELATING TO RIGHTS OF NURSING HOME RESIDENTS, SO AS TO ADD 
THE RIGHT TO USE A MONITORING DEVICE AS A RIGHT FOR RESIDENTS OF NURSING HOMES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Nursing Home Virtual Visitation Act."

SECTION 2. Title 44 of the S.C. Code is amended by adding:

CHAPTER 83

Monitoring of Nursing Home Care

 Section 
44-83-10. As used in this chapter:

 (1) 
"Department" means the South Carolina Department of Public Health.

 (2) "Legal 
representative" means a legal guardian or legally appointed substitute decision-maker 
who is authorized to act on behalf of a nursing home resident.

 (3)(a) "Monitoring device" means an 
electronic surveillance instrument that transmits and records activity and is 
not connected to a nursing home's computer network.

 (b) 
The term "monitoring device" does not include a camera that records still 
images exclusively.

 (4) 
"Nursing home" means the same as the term is defined in Section 44-7-130.

 (5) 
"Ombudsman" means the Administrator of the South Carolina Long Term Care 
Ombudsman Program established within the Department on Aging pursuant to 
Chapter 35, Title 43.

 (6) 
"Resident" means a person who is a resident of a nursing home.

 Section 
44-83-20. (A) A resident who has 
the capacity to consent, as determined by regulations promulgated by the 
department pursuant to this chapter, or the resident's legal representative, 
may authorize the installation and use of a monitoring device in the resident's 
room if all of the following conditions are met:

 (1) 
The resident or the resident's legal representative gives notice of the 
installation to the nursing home.

 (2) 
If the monitoring device records activity visually, the recordings made by the 
device include a record of the date and time.

 (3) 
The resident pays for the monitoring device and all installation, operation, 
maintenance, and removal costs associated with the device.

 (4) 
Each resident occupying the same room who has the capacity to consent, as 
determined by regulations promulgated by the department pursuant to this 
chapter, or that resident's legal representative, gives consent for the 
installation of the monitoring device.

 (B) If 
the structure of the resident's room must be altered in order to accommodate a 
monitoring device, the renovation to the room may be done only by a licensed 
contractor, subject to approval by the nursing home.

 (C) 
Any monitoring device installed in accordance with the provisions of this 
chapter must be in compliance with the National Fire Protection Association 
Life Safety regulations.

 Section 
44-83-30. (A)(1) At the time of a 
person's admission to a nursing home, the nursing home shall notify the person 
of the right to have a monitoring device installed in the person's room, and 
shall offer the person the option to have a monitoring device. The resident or 
the resident's roommate may exercise the right to install or remove a 
monitoring device at any time during which that person resides in the nursing 
home. The nursing home shall keep a record of the person's authorization or 
choice not to have a monitoring device.

 (2) 
The nursing home shall make the record provided for in item (1) accessible to 
the ombudsman.

 (B)(1) If a resident who is residing in a 
shared room wishes to have a monitoring device installed in the room and 
another resident living in or moving into the same shared room refuses to 
consent to the use of the monitoring device, the nursing home shall make a 
reasonable attempt to accommodate the resident who wishes to have the 
monitoring device installed. A nursing home shall be deemed to have met this 
accommodation requirement when, upon notification that a roommate has not 
consented to the use of a monitoring device in his room, the nursing home 
offers to move either resident to another shared room that is available at the 
time of the request.

 (2) 
If a resident chooses to reside in a private room in order to accommodate the 
use of a monitoring device, the resident shall pay the private room rate. If a 
nursing home