What's happening
This bill prohibits broadcasting images or speech of patients receiving medical treatment without prior written consent, except for specific purposes, and allows patients to seek damages for violations.
Why it matters
Strengthens patient privacy protections. by strictly limiting when images or speech of individuals receiving medical care can be broadcast, requiring prior express written consent in almost all cases.
Gives patients more control. over their medical information by allowing them (or their representatives) to refuse the use of their image or speech for educational or training purposes, not just public broadcast.
Creates legal recourse for violations. , enabling patients (or their estates) to sue for damages if their privacy is breached, with the possibility of recovering attorneys’ fees, and ensuring that this right survives the patient’s death.
Defines clear exceptions. (such as for quality assurance, education/training, or security) while still mandating consent, making the boundaries of lawful broadcasting in medical settings explicit and enforceable.
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Who cares
Headline styles
Require Patient Consent for Filming
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 3696b
- Amend and recommit to health
- Referred to health
- Print number 3696a
- Amend and recommit to health
- 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 Consent for Medical Filming
Assembly Floor Calendar · Sponsor Edward Braunstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3696--B
2017-2018 Regular Sessions
IN SENATE
January 25, 2017
Introduced by Sens. GOLDEN, ADDABBO, HOYLMAN, KAVANAGH, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01750-08-8
S. 3696--B 2
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' 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To protect patients undergoing treatment from having images or speech broadcast without consent.
Summary of provisions
Section 1. Adds a new section 2806-c to the Public Health Law.
Section 2806-c (1) provides that every patient in a health care facility shall have the right to privacy in treatment, which includes the broad- casting of a patient's image or speech. This section also offers an exception when such broadcast is for the specific purposes of advancing the health care treatment of the individual, a quality assurance program, the education or training of health care personnel, or neces- sary security purposes.
2806-c (2) provides an explanation of "privacy in treatment." Privacy in treatment entails that the health care facility must obtain express written consent on a separate document used solely for the purpose of the consent to broadcasting, from the individual receiving treatment, obtained before broadcasting the image or voice of the patient in treat- ment. When the broadcast is for the purpose of education or training of health care personnel, the patient must be informed of and has the right to refuse the making or broadcasting for that purpose.
If the patient cannot reasonably do so due to incapacity, a person who is legally authorized to make health care decisions for the patient or otherwise authorized to consent may grant such consent or exercise such refusal.
most horrifying experience of her life. The hospital and NY Med did not seek permission from either Mark or his family before commencing the filming, or even before the show was broadcast.
Patients have an expectation and a right to privacy when being treated in a medical facility. To broadcast this treatment without permission is an outrageous violation of their rights to privacy as a patient.
Viewing the medical treatment, including the death, of a close family member, is traumatic for those who have gone through such a disturbing experience. Therefore, seeking permission from patients or those who are their power of attorney, health care proxy, or next of kin will prevent patients and their families from being subject to additional suffering.
Prior legislative history
2017: S.3696-A - Referred to Health 2016: S.4622-C - Referred to Health 2015: S.4622-A - Referred to Health
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.