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SB 2070

AN ACT to amend and reenact sections 50-10.2-01, 50-10.2-02, and 50-10.2-02.1 of the North Dakota Century Code, relating to the rights of health care facility residents.

69th Legislative Assembly (2025-26)

ND SB 2070 clarifies long-term care resident rights on electronic monitoring and virtual visitation, requiring written notices and annual explanations.

Filed with Secretary Of State 05/01
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Bill Summary · SB 2070

Summary — SB 2070 (North Dakota, 69th Legislative Assembly, 2025)

Status: Enacted — Signed by Governor April 30, 2025; filed with Secretary of State May 1, 2025.
Primary sponsor/request: Human Services Committee (at the request of the Department of Health and Human Services). Companion: HB 5128.

Purpose

SB 2070 updates and clarifies statutory resident rights in long‑term care and assisted‑living settings by amending definitions and the residents' rights/implementation provisions in chapter 50-10.2 of the North Dakota Century Code. The bill focuses particularly on electronic monitoring, remote/virtual monitoring and visitation, and the information facilities must provide to residents and families.

Key provisions (substantive changes)

  • Amends definitions (50-10.2-01) to define and distinguish:
    • "Authorized electronic monitoring/recording" and "authorized electronic monitoring/recording device" — devices installed in a resident’s room intended to record/transmit video or audio (e.g., web cameras, video phones, audio recording/transmitting devices). The definition excludes still cameras and ordinary devices used only for contact.
    • "Technology device" — devices used for contact/visitation (cellphones, tablets, assistive communication devices) that are not used for monitoring/recording.
    • "Virtual monitoring" and "virtual monitoring device" — live (non‑recorded) remote monitoring by a third party using a device owned/operated by the resident or resident representative.
    • "Virtual visitation" — remote visitation using a technology device.
  • Revises residents' rights and implementation (50-10.2-02):
    • Requires facilities to provide a written statement of resident rights at admission and to orally explain it within 30 days of admission (and annually thereafter). The statement must describe resident and facility responsibilities and facility rules.
    • Reiterates and clarifies enumerated minimum rights, including civil/religious liberties, private meetings/communications, participation in community activities (subject to care planning), grievance processes (with immunity for good‑faith complaints), access to mail/telephones/electronic devices, private visits, financial management/trust accounting, and clear written notice of services and charges (including 30‑day notice for cost/availability changes).
  • Other sections referenced in bill text (50-10.2-02.1 and earlier drafts referenced 50-10.2-05) were amended as part of the enactment package; the enrolled bill and later engrossed versions focus on sections 50-10.2-01, 50-10.2-02, and 50-10.2-02.1.

Who is affected

  • Residents of long‑term care settings: skilled nursing facilities, basic care facilities, assisted living facilities, and swing‑bed hospitals.
  • Resident representatives (agents under powers of attorney or guardians).
  • Facility administrators and staff — must update admission practices, written materials, and grievance processes; accommodate resident‑owned devices where consistent with statute.
  • Families and visitors who use technology to visit or monitor.

Practical implications

  • Facilities must ensure admission packets and staff trainings reflect the clarified definitions and rights (including procedures for virtual monitoring/visitation and handling of resident‑owned monitoring devices).
  • The bill increases resident control over electronic monitoring and clarifies distinctions between devices used for private contact and those intended to monitor or record.
  • Operational issues may arise for facilities around privacy of staff and other residents, security of recordings, and how to balance safety concerns with resident choices; facilities may need to adopt policies addressing these matters consistent with the amended statute.

Legislative history highlights

  • Introduced Jan 7, 2025; heard in Human Services Committee; amended in committee and on floor; conference committee convened; passed both chambers (House and Senate) with amendments; conference committee report adopted; signed by legislative leaders, sent to and signed by the Governor Apr 30, 2025; filed with Secretary of State May 1, 2025.

If you want, I can produce a side‑by‑side comparison showing the exact statutory language changed or draft a short checklist facilities can use to implement the new requirements.

Compiled from official sources — confirm details with the bill’s official record.

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