What's happening
This bill prohibits the broadcasting of images or speech of patients undergoing medical treatment without their prior written consent, with certain exceptions, and allows affected individuals to seek damages for violations.
Why it matters
Strengthens patient privacy protections. by requiring explicit, written consent before any images or speech of patients undergoing medical treatment can be broadcast, except in limited situations (such as treatment, quality assurance, education/training, or security), thereby reducing the risk of unwanted exposure or embarrassment for patients.
Empowers patients with increased control. over their participation in educational or training broadcasts, by giving them the explicit right to be informed and to refuse, ensuring that individuals are not compelled to be part of such recordings against their wishes.
Provides a new legal avenue for recourse. by allowing patients (or their estates) to sue for damages if their privacy rights are violated under this law, including the possibility of recovering attorneys’ fees, which could deter violations and support victims seeking justice.
Clarifies exceptions and boundaries. by outlining what does not count as prohibited broadcasting (e.g., incidental image capture by bystanders or news media at public emergency scenes), which helps avoid over-criminalizing legitimate newsgathering or accidental exposure outside the control of health facilities.
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Who cares
Headline styles
Require Consent for Medical Filming
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
20 Co-sponsors
History
- Amended on third reading 1190b
- Ordered to third reading cal.80
- Amended on third reading 1190a
- Ordered to third reading rules cal.368
- Rules report cal.368
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Patient Consent for Filming
In Senate Committee · Health · Sponsor Martin J. Golden
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1190--B Cal. No. 80
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, M. G. MILL- ER, BRINDISI, ARROYO, HOOPER, GOTTFRIED, ZEBROWSKI, COOK, MONTESANO, FINCH, SEAWRIGHT, FRIEND, JENNE, GALEF, HEVESI, WEPRIN, CASTORINA -- Multi-Sponsored by -- M. of A. HIKIND, McDONOUGH,… Show allHide
Introduced by M. of A. BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, M. G. MILL- ER, BRINDISI, ARROYO, HOOPER, GOTTFRIED, ZEBROWSKI, COOK, MONTESANO, FINCH, SEAWRIGHT, FRIEND, JENNE, GALEF, HEVESI, WEPRIN, CASTORINA -- Multi-Sponsored by -- M. of A. HIKIND, McDONOUGH, PALMESANO, PEOPLES- STOKES, SCHIMMINGER, SIMON, TITONE -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading -- ordered to a third reading, amended and 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 written consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2806-c to read as follows:
§ 2806-c. Restrictions on broadcasting of patients. 1. Every patient in a health care facility shall have the right to have privacy in treatment and in caring for personal needs, including the broadcasting of the recognizable image or speech of such patient involved in a health care procedure in such facility, with the exception of broadcasting such image or speech for the purposes of advancing the health care treatment of the individual, a quality assurance program, the education or training of health care personnel, or necessary security purposes.
2. Such privacy in treatment shall include the obtaining by the health care facility of express written consent on a separate document used solely for such purpose from an individual receiving treatment in such facility prior to broadcasting the recognizable image or speech of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01750-09-8
A. 1190--B 2
patient involved in such treatment. In the case of broadcasting the recognizable image or speech for education or training of health care personnel, the patient shall have the right to know of and shall have the right to refuse the broadcasting for that purpose. A person legally authorized to make health care decisions for the patient or otherwise authorized to consent may grant such consent or exercise such refusal if the patient cannot reasonably do so due to such patient's incapacity.
3. For the purposes of this section:
(a) "health care facility" shall mean a residential health care facility, general hospital, free-standing ambulatory care facility, diagnostic and/or treatment center and clinic authorized under this article, or ambulance operated by an ambulance service as defined by subdivision two of section three thousand one of this chapter or by a voluntary ambulance service as defined by subdivision three of section three thousand one of this chapter;
(b) "quality assurance" shall mean any evaluation of services provided in or by a health care facility for purposes of improvement in safety, quality or outcomes;
(c) "education or training of health care personnel" shall mean a program of education or training of health care personnel or students being educated or trained to be health care personnel, that the health care facility has authorized;
(d) "broadcasting" of an image or speech shall mean transmission by broadcast, cable, closed circuit, internet or other television or visual medium, social media, or other system by which it can be viewed in violation of the privacy rights and expectations of a patient. Provided however, that broadcasting shall not include incidental transmission of the image or speech of an individual being treated, transported or otherwise cared for or attended to by an ambulance service as defined in subdivision two of section three thousand one of this chapter or by a voluntary ambulance service as defined in subdivision three of section three thousand one of this chapter, at an ambulance response scene, public area or during delivery or admission to a health care facility, that is captured by news media, bystanders or others who do not have the written consent of such ambulance service or voluntary ambulance service.
4. Nothing in this section shall diminish or impair any right or remedy otherwise applicable to any patient.
§ 2. Section 50-c of the civil rights law, as amended by chapter 643 of the laws of 1999, is amended to read as follows:
§ 50-c. Private right of action. 1. If the identity of the victim of an offense defined in subdivision one of section fifty-b of this article is disclosed in violation of such section, any person injured by such disclosure may bring an action to recover damages suffered by reason of such wrongful disclosure. In any action brought under this section, the court may award reasonable [attorney's] attorneys' fees to a prevailing plaintiff.
2. If the privacy of an individual as defined in section twenty-eight hundred six-c of the public health law regarding the right to have privacy in treatment and in caring for personal needs, including the broadcasting of the recognizable image or speech of a patient involved in a health care procedure in such a facility has been violated, such individual or his or her estate representative may bring an action to recover damages suffered by reason of such violation. In any action brought under this section, the court may award reasonable attorneys'
A. 1190--B 3
fees to a prevailing plaintiff. The cause of action created herein shall survive the death of such individual.
3. Nothing in this section shall diminish or impair any right or remedy otherwise applicable to any patient.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.