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S03696 Summary:

BILL NOS03696B
 
SAME ASSAME AS A01190-B
 
SPONSORGOLDEN
 
COSPNSRADDABBO, HOYLMAN, KAVANAGH, SEPULVEDA, SERRANO
 
MLTSPNSR
 
Add 2806-c, Pub Health L; amd 50-c, Civ Rts L
 
Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.
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S03696 Actions:

BILL NOS03696B
 
01/25/2017REFERRED TO HEALTH
06/15/2017AMEND AND RECOMMIT TO HEALTH
06/15/2017PRINT NUMBER 3696A
01/03/2018REFERRED TO HEALTH
05/31/2018AMEND AND RECOMMIT TO HEALTH
05/31/2018PRINT NUMBER 3696B
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S03696 Memo:

Memo not available
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S03696 Text:



 
                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 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 shall have the right to have privacy in treat-
     5  ment and in caring for personal needs, including the broadcasting of the
     6  recognizable  image  or speech of such patient involved in a health care
     7  procedure in such facility, with  the  exception  of  broadcasting  such
     8  image  or speech for the purposes of advancing the health care treatment
     9  of the individual, a quality assurance program, the education or  train-
    10  ing of health care personnel, or necessary security purposes.
    11    2. Such privacy in treatment shall include the obtaining by the health
    12  care  facility  of  express  written consent on a separate document used
    13  solely for such purpose from an individual receiving treatment  in  such
    14  facility  prior to broadcasting the recognizable image or speech of such
    15  patient involved in such treatment. In  the  case  of  broadcasting  the
    16  recognizable  image  or  speech for education or training of health care
    17  personnel, the patient shall have the right to know of  and  shall  have
    18  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
 
     1  authorized to make health care decisions for the  patient  or  otherwise
     2  authorized to consent may grant such consent or exercise such refusal if
     3  the patient cannot reasonably do so due to such patient's incapacity.
     4    3. For the purposes of this section:
     5    (a) "health care facility" shall mean a residential health care facil-
     6  ity,  general hospital, free-standing ambulatory care facility, diagnos-
     7  tic and/or treatment center and clinic authorized under this article, or
     8  ambulance operated by an ambulance service as defined by subdivision two
     9  of section three thousand one of this chapter or by  a  voluntary  ambu-
    10  lance  service as defined by subdivision three of section three thousand
    11  one of this chapter;
    12    (b) "quality assurance" shall mean any evaluation of services provided
    13  in or by a health care facility for purposes of improvement  in  safety,
    14  quality or outcomes;
    15    (c)  "education  or  training  of  health care personnel" shall mean a
    16  program of education or training of health care  personnel  or  students
    17  being  educated  or trained to be health care personnel, that the health
    18  care facility has authorized;
    19    (d) "broadcasting" of an image or speech shall  mean  transmission  by
    20  broadcast, cable, closed circuit, internet or other television or visual
    21  medium,  social  media,  or  other  system  by which it can be viewed in
    22  violation of the privacy rights and expectations of a patient.  Provided
    23  however, that broadcasting shall not include incidental transmission  of
    24  the  image  or  speech  of  an  individual being treated, transported or
    25  otherwise cared for or attended to by an ambulance service as defined in
    26  subdivision two of section three thousand one of this chapter  or  by  a
    27  voluntary  ambulance  service as defined in subdivision three of section
    28  three thousand one of this chapter,  at  an  ambulance  response  scene,
    29  public  area  or during delivery or admission to a health care facility,
    30  that is captured by news media, bystanders or others who do not have the
    31  written  consent  of  such  ambulance  service  or  voluntary  ambulance
    32  service.
    33    4. Nothing in this section shall diminish or impair any right or reme-
    34  dy otherwise applicable to any patient.
    35    §  2.  Section 50-c of the civil rights law, as amended by chapter 643
    36  of the laws of 1999, is amended to read as follows:
    37    § 50-c. Private right of action.  1. If the identity of the victim  of
    38  an offense defined in subdivision one of section fifty-b of this article
    39  is  disclosed  in  violation of such section, any person injured by such
    40  disclosure may bring an action to recover damages suffered by reason  of
    41  such  wrongful disclosure. In any action brought under this section, the
    42  court may award reasonable [attorney's] attorneys' fees to a  prevailing
    43  plaintiff.
    44    2.  If the privacy of an individual as defined in section twenty-eight
    45  hundred six-c of the public health  law  regarding  the  right  to  have
    46  privacy  in  treatment  and  in caring for personal needs, including the
    47  broadcasting of the recognizable image or speech of a  patient  involved
    48  in  a  health  care procedure in such a facility has been violated, such
    49  individual or his or her estate representative may bring  an  action  to
    50  recover  damages  suffered  by  reason  of such violation. In any action
    51  brought under this section, the court may  award  reasonable  attorneys'
    52  fees to a prevailing plaintiff. The cause of action created herein shall
    53  survive the death of such individual.
    54    3. Nothing in this section shall diminish or impair any right or reme-
    55  dy otherwise applicable to any patient.
    56    § 3. This act shall take effect immediately.
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