Bill Text: NY A00420 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced) 2019-06-11 - amended on third reading 420b [A00420 Detail]

Download: New_York-2019-A00420-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         420--B
                                                                Cal. No. 215

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced by M. of A. BRAUNSTEIN, MOSLEY, JAFFEE, M. G. MILLER, ARROYO,
          GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,  FINCH,  SEAWRIGHT,  FRIEND,
          GALEF, HEVESI, WEPRIN, ABINANTI, L. ROSENTHAL, GRIFFIN --  Multi-Spon-
          sored  by  --  M.  of  A. McDONOUGH, NOLAN, PALMESANO, PEOPLES-STOKES,
          SCHIMMINGER, SIMON -- read once  and  referred  to  the  Committee  on
          Health  -- reported and referred to the Committee on Codes -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted,  retaining its place on the order of third reading -- again
          amended on third reading, ordered reprinted, retaining  its  place  on
          the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02693-08-9

        A. 420--B                           2

     1  facility  prior to broadcasting the recognizable image or speech of such
     2  patient involved in such treatment. In  the  case  of  broadcasting  the
     3  recognizable  image  or  speech for education or training of health care
     4  personnel,  the  patient  shall have the right to know of and shall have
     5  the right to refuse the broadcasting for that purpose. A person  legally
     6  authorized  to  make  health care decisions for the patient or otherwise
     7  authorized to consent may grant such consent or exercise such refusal if
     8  the patient cannot reasonably do so due to such patient's incapacity.
     9    3. For the purposes of this section:
    10    (a) "health care facility" shall mean a residential health care facil-
    11  ity, general hospital, free-standing ambulatory care facility,  diagnos-
    12  tic and/or treatment center and clinic authorized under this article, or
    13  within  an  ambulance  with  all  doors  closed operated by an ambulance
    14  service as defined by subdivision two of section three thousand  one  of
    15  this  chapter or by a voluntary ambulance service as defined by subdivi-
    16  sion three of section three thousand one of this chapter;
    17    (b) "quality assurance" shall mean any evaluation of services provided
    18  in or by a health care facility for purposes of improvement  in  safety,
    19  quality or outcomes;
    20    (c)  "education  or  training  of  health care personnel" shall mean a
    21  program of education or training of health care  personnel  or  students
    22  being  educated  or trained to be health care personnel, that the health
    23  care facility has authorized;
    24    (d) "broadcasting" of an image or speech shall  mean  transmission  by
    25  broadcast, cable, closed circuit, internet or other television or visual
    26  medium,  social  media,  or  other  system  by which it can be viewed in
    27  violation of the privacy rights and expectations of a patient.  Provided
    28  however, that broadcasting shall not include incidental transmission  of
    29  the  image  or  speech  of  an  individual being treated, transported or
    30  otherwise cared for or attended to by an ambulance service as defined in
    31  subdivision two of section three thousand one of this chapter  or  by  a
    32  voluntary  ambulance  service as defined in subdivision three of section
    33  three thousand one of this chapter,  at  an  ambulance  response  scene,
    34  public  area  or during delivery or admission to a health care facility,
    35  that is captured by news media, bystanders or others who do not have the
    36  written  consent  of  such  ambulance  service  or  voluntary  ambulance
    37  service.
    38    (e)  Nothing in this section shall apply where such recognizable image
    39  or speech is broadcast or conveyed as part of the news gathering process
    40  among professional journalists,  newscasters  or  other  individuals  or
    41  entities,  including  those defined in subdivision (a) of section seven-
    42  ty-nine-h of the civil rights law, and their agents and legal  advisers,
    43  but not broadcast to the public.
    44    4. No health care facility, as defined in paragraph (a) of subdivision
    45  three  of this section, shall incur any liability under this section for
    46  the broadcasting by a third party of the recognizable image or speech of
    47  a patient involved in a health care procedure in the facility when  such
    48  image or speech was obtained by the third party without the knowledge or
    49  consent of the facility or its staff.
    50    5.    Nothing  in  this  section shall diminish or impair any right or
    51  remedy otherwise applicable to any patient.
    52    § 2. Section 50-c of the civil rights law, as amended by  chapter  643
    53  of the laws of 1999, is amended to read as follows:
    54    §  50-c. Private right of action.  1. If the identity of the victim of
    55  an offense defined in subdivision one of section fifty-b of this article
    56  is disclosed in violation of such section, any person  injured  by  such

        A. 420--B                           3

     1  disclosure  may bring an action to recover damages suffered by reason of
     2  such wrongful disclosure. In any action brought under this section,  the
     3  court may award reasonable attorney's fees to a prevailing plaintiff.
     4    2.  If the privacy of an individual as defined in section twenty-eight
     5  hundred six-c of the public health  law  regarding  the  right  to  have
     6  privacy  in  treatment  and  in caring for personal needs, including the
     7  broadcasting of the recognizable image or speech of a  patient  involved
     8  in  a  health  care procedure in such a facility has been violated, such
     9  individual or his or her estate representative may bring  an  action  to
    10  recover  damages  suffered  by  reason  of such violation. In any action
    11  brought under this section, the court may  award  reasonable  attorney's
    12  fees to a prevailing plaintiff. The cause of action created herein shall
    13  survive  the death of such individual and shall only apply to violations
    14  occurring on and after the effective date of this subdivision.
    15    3. Nothing in this section shall diminish or impair any right or reme-
    16  dy otherwise applicable to any patient.
    17    § 3. This act shall take effect immediately.
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