Nursing Homes

2025-2026 Bill 4646: Nursing Homes - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4646
STATUS INFORMATION
General Bill
Sponsors: Reps. Calhoon, C. Mitchell, Pope, Spann-Wilder and W. Newton
Document Path: LC-0330VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: Nursing Homes
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Labor, Commerce and Industry

1/13/2026

House

Introduced and read first time (
House Journal-page 45
)

1/13/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 45
)

2/25/2026

House

Member(s) request name added as sponsor: W. Newton

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ECTION 2.
T
itle 44 of the S.C. Code is amended by adding:

C
HAPTER 83

M
onitoring of Nursing Home Care

S
ection
44-83-10
.
A
s 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.

S
ection
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.

S
ection
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 is unable to accommodate a resident due to lack of space, the
nursing home shall reevaluate the request at least once every two weeks until
the request is fulfilled.

(
C)
After authorization, consent, and notice in accordance with this chapter, a
resident or the resident's legal representative may install, operate, and
maintain, at the expense of the resident, a monitoring device in the room of
the resident.

(
D)
The nursing home shall cooperate to accommodate the installation of the
monitoring device unless doing so would place undue burden on the nursing home.

(
E)
The monitoring device must be in a fixed, stationary position and only may
monitor the resident who consents to be monitored, either personally or through
the resident's legal representative.

S
ection
44-83-40
.
(
A) Consent to the
authorization for installation and use of a monitoring device may be given only
by the resident or the resident's legal representative.

(
B)
Consent to the authorization for installation and use of a monitoring device
must include a release of liability for the nursing home for a violation of the
resident's right to privacy insofar as the use of the monitoring device is
concerned.

(
C) A
resident or the resident's legal representative may reverse a choice to have or
not have a monitoring device installed and used at any time after notice of the
reversal has been made to the nursing home, and to the ombudsman, upon a form
prescribed by the department.

S
ection
44-83-50
.
T
he form for the authorization of
installation and use of a monitoring device must provide for all of the
following:

(
1)
consent of the resident or the resident's legal representative authorizing the
installation and use of the monitoring device;

(
2)
notice to the nursing home of the resident's installation of a monitoring
device and specifics as to the type, function, and use of the device;

(
3)
consent of any other resident sharing the same room, or that resident's legal
representative, to the installation and use of a monitoring device;

(
4)
notice of release from liability for violation of privacy through the use of
the monitoring device; and

(
5)
waiver of the resident's right to privacy in connection with the use of the
monitoring device.

S
ection
44-83-60
.
(
A) In any civil action
against a nursing home, material obtained through the use of a monitoring
device may not be used if the device was installed or used without the
knowledge of the nursing home or installed or used without the prescribed form.

(
B)
Compliance with the provisions of this chapter is a complete defense to any
civil or criminal action brought against the resident, legal representative, or
nursing home for the use or presence of a monitoring device.

S
ection
44-83-70
.
(
A)(1) A nursing home may
not deny a person admission to a nursing home, discharge a resident from a
nursing home, or otherwise discriminate or retaliate against a person or
resident because the person or resident chooses to authorize installation and
use of a monitoring device.

(
2)
Any person who knowingly or wilfully violates the provisions of item (1) is
subject to appropriate action by the department as set forth in regulations
promulgated pursuant to this chapter.

(
B)
(
1) Except as provided in item (2), it
is a violation of law for any person to intentionally hamper, obstruct, tamper
with, or destroy a monitoring device or a recording made by a monitoring device
installed in a nursing home pursuant to this chapter. A person who violates a
provision of this item is subject to appropriate action by the department as
set forth in regulations promulgated pursuant to this chapter.

(
2)
The prohibition and penalties provided in this section do not apply to the
resident who owns the monitoring device or recording, or to the resident's
legal representative.

S
ection
44-83-80
.
(
A) If any resident of a
nursing home uses a monitoring device as allowed pursuant to this chapter, the
nursing home shall maintain a sign at the main entrance to alert and inform
visitors. The sign must be maintained in a clear and conspicuous location at
the main entrance and in large, clearly legible type and font and bear the
following words: "Electronic Monitoring: The rooms of some residents may be
equipped with monitoring devices installed by or on behalf of the resident."

(
B) For
any resident who uses a monitoring device as allowed pursuant to this chapter,
a sign must be posted clearly and conspicuously at the entrance of the
resident's room where authorized electronic monitoring is being conducted. The
sign must be in large, clearly legible type and font and bear the following
words: "This room is electronically monitored."

(
C)
The nursing home is responsible for reasonable costs of installation and
maintenance of the sign required by subsection (A). The resident or the
resident's legal representative is responsible for installing and maintaining
the sign required pursuant to subsection (B), which also must be in accordance
with the written policy of the nursing home.

S
ection
44-83-90
. Any person who views an incident which a reasonable person would
consider abuse or neglect after viewing a recording made in a nursing home
shall report the incident to the nursing home as soon as is practicable after
the viewing. The nursing home must be provided with a copy of the recording in
which the suspected incident of abuse or neglect occurred. If the recording
must be transferred to a different format to be viewed, the nursing home shall
pay all expenses associated with the transfer of the recording by a qualified
professional who can certify that the contents of the recording were not
altered.

S
ection
44-83-10
0. The department shall promulgate regulations as are necessary for
implementation of the provisions of this chapter.

S
ECTION 3.
S
ection
44-81-40
of the S.C. Code is amended by adding:

(
Q) Each nursing home resident has the
right to have a monitoring device installed in the resident's room in
accordance with the Nursing Home Virtual Visitation Act, Section
44-83-10
, et
seq.

S
ECTION 4.
(
A) Within six months of the effective date of this
act, every nursing home licensed by the South Carolina Department of Public
Health shall provide to each resident of the nursing home or, if applicable, to
the resident's legal representative, a form prescribed by the department
explaining the provisions of the Nursing Home Virtual Visitation Act, as
enacted by SECTION 2 of this act, and giving each resident or the resident's
legal representative a choice to have a monitoring device installed in the room
of the resident.

(
B) Every nursing
home shall retain a copy of each form completed in accordance with this section
and shall make all completed forms accessible to the Administrator of the South
Carolina Long-Term Care Ombudsman Program within the Department on Aging.

S
ECTION 5. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:38 PM