Relates to requiring a medical facility or related service to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.
STATE OF NEW YORK
________________________________________________________________________
134
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. KRUEGER, ADDABBO, HOYLMAN, LIU, RIVERA -- read twice
and ordered printed, and when printed to be committed to the Committee
on Health
AN ACT to amend the public health law and the civil rights law, in
relation to prohibiting the making and/or broadcasting of visual
images of individuals undergoing medical treatment without prior writ-
ten consent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2806-c to read as follows:
3 § 2806-c. Restrictions on broadcasting of patients. 1. Every patient
4 in a health care facility in this state shall have the right to have
5 privacy in treatment and in caring for personal needs, including the
6 broadcasting of the recognizable image or speech of such patient
7 involved in a health care procedure within the confines of such facili-
8 ty, with the exception of broadcasting such image or speech for the
9 purposes of advancing the health care treatment of the individual, a
10 quality assurance program, the education or training of health care
11 personnel, or necessary security purposes.
12 2. Such privacy in treatment shall include the obtaining by the health
13 care facility of express written consent on a separate document used
14 solely for such purpose from an individual receiving treatment in such
15 facility prior to broadcasting the recognizable image or speech of such
16 patient involved in such treatment. In the case of broadcasting the
17 recognizable image or speech for education or training of health care
18 personnel, the patient shall have the right to know of and shall have
19 the right to refuse the broadcasting for that purpose. A person legally
20 authorized to make health care decisions for the patient or otherwise
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01049-01-3
S. 134 2
1 authorized to consent may grant such consent or exercise such refusal if
2 the patient cannot reasonably do so due to such patient's incapacity.
3 3. For the purposes of this section:
4 (a) "health care facility" shall mean a residential health care facil-
5 ity, general hospital, free-standing ambulatory care facility, diagnos-
6 tic and/or treatment center and clinic authorized under this article, or
7 within an ambulance with all doors closed operated by an ambulance
8 service as defined by subdivision two of section three thousand one of
9 this chapter or by a voluntary ambulance service as defined by subdivi-
10 sion three of section three thousand one of this chapter;
11 (b) "quality assurance" shall mean any evaluation of services provided
12 in or by a health care facility for purposes of improvement in safety,
13 quality or outcomes;
14 (c) "education or training of health care personnel" shall mean a
15 program of education or training of health care personnel or students
16 being educated or trained to be health care personnel, that the health
17 care facility has authorized;
18 (d) "broadcasting" of an image or speech shall mean transmission by
19 broadcast, cable, closed circuit, internet or other television or visual
20 medium, social media, or other system by which it can be viewed in
21 violation of the privacy rights and expectations of a patient. Provided
22 however, that broadcasting shall not include transmission of the image
23 or speech of an individual being treated, transported or otherwise cared
24 for or attended to by an ambulance service as defined in subdivision two
25 of section three thousand one of this chapter or by a voluntary ambu-
26 lance service as defined in subdivision three of section three thousand
27 one of this chapter, at an ambulance response scene, public area or
28 during delivery or admission to a health care facility, that is captured
29 by news media, bystanders or others who do not have the written consent
30 of such ambulance service or voluntary ambulance service.
31 (e) Nothing in this section shall apply where the recognizable image
32 or speech is produced by a news department or news division and is
33 broadcast or conveyed as part of a newscast, investigative news program
34 or news report in any electronic or printed form. This section shall not
35 apply to images or speech that has been obtained by professional jour-
36 nalists, newscasters or other individuals or entities recognized by
37 section seventy-nine-h of the civil rights law.
38 4. No health care facility, as defined in paragraph (a) of subdivision
39 three of this section, shall incur any liability under this section for
40 the broadcasting by a third party of the recognizable image or speech of
41 a patient involved in a health care procedure in the facility when such
42 image or speech was obtained by the third party without the knowledge or
43 consent of the facility or its staff.
44 5. Nothing in this section shall diminish or impair any right or reme-
45 dy otherwise applicable to any patient.
46 § 2. Section 50-c of the civil rights law, as amended by chapter 643
47 of the laws of 1999, is amended to read as follows:
48 § 50-c. Private right of action. 1. If the identity of the victim of
49 an offense defined in subdivision one of section fifty-b of this article
50 is disclosed in violation of such section, any person injured by such
51 disclosure may bring an action to recover damages suffered by reason of
52 such wrongful disclosure. In any action brought under this section, the
53 court may award reasonable attorney's fees to a prevailing plaintiff.
54 2. If the privacy of an individual as defined in section twenty-eight
55 hundred six-c of the public health law regarding the right to have
56 privacy in treatment and in caring for personal needs, including the
S. 134 3
1 broadcasting of the recognizable image or speech of a patient involved
2 in a health care procedure in such a facility has been violated, such
3 individual or his or her estate representative may bring an action to
4 recover damages suffered by reason of such violation. In any action
5 brought under this section, the court may award reasonable attorney's
6 fees to a prevailing plaintiff. The cause of action created herein shall
7 survive the death of such individual and shall only apply to violations
8 occurring on and after the effective date of this subdivision.
9 3. Nothing in this section shall diminish or impair any right or reme-
10 dy otherwise applicable to any patient.
11 § 3. This act shall take effect immediately.
