NY State Senate Bill 2017-S3696B

Senate Bill S3696B

2017-2018 Legislative Session

Relates to requiring a medical facility or related services to obtain express prior written consent before the making and/or broadcasting of visual images of a patient's medical treatment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	print number 3696b
May 31, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Jun 15, 2017	print number 3696a
Jun 15, 2017	amend and recommit to health
Jan 25, 2017	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

2017-S3696 - Details

See Assembly Version of this Bill:: A1190
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2806-c, Pub Health L; amd §50-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4622, A5161
2019-2020: S1693, A420
2021-2022: S484, A520
2023-2024: S134

2017-S3696 - Summary

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.

2017-S3696 - Sponsor Memo

                                 BILL NUMBER:  S3696

 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 require hospitals and ambulances to obtain a patient's consent
before allowing the patient's medical treatment to be filmed and
broadcasted.

 SUMMARY OF PROVISIONS :

Section 1 of this bill adds a new section 2806-c of the Public Health
Law. Subsection 1 of this new section provides that every patient
shall have the right to privacy in treatment and in caring for
personal needs, including the broadcasting of a recognizable image or
speech of a patient involved in a medical procedure at a health care
facility, excluding some exceptions.

Subsection 2 of this new section provides that the right to privacy in
treatment and caring for personal needs afforded by subsection 1
requires the health care facility to obtain a patient's express
written consent on a separate document prior to a recognizable image

or speech of the patient involved in a medical procedure.

Subsection 3 provides definitions for the purpose of this section.

Subsection 4 provides that nothing in this section shall diminish or
impair any right or remedy otherwise applicable to any patient.

Section 2 of this bill amends section 50-c of the Civil Rights Law to
add subsection 2, which provides a private right of action for a
violation of Section 2806-c of the public health law, including the
broadcasting of a recognizable image or speech of a patient involved
in a medical procedure at a health care facility. This subsection also
provides that the individual or his or her estate's representative may
bring an action for damages, and the cause of action shall survive the
death of the individual.

Section 3 of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Under the federal Health Insurance Portability and Accountability Act
("HIPAA"), a patient's private health information is not to be shared
with anyone not designated by the patient. As a result of HIPAA,
hospitals and doctors have imposed many rules that are intended to
protect patient privacy. Despite these measures, a reality medical
television show on ABC, "NY Med", has broadcast intimate details of
patients' health care at New York-Presbyterian HospitallWeill Cornell
Medical Center.

One patient, Mark Chanko, who was struck by a sanitation truck, passed
away at New York-Presbyterian Hospital/Weill Cornell Medical Center
during the course of the filming NY Med. Mr. Chanko's widow, Anita,
was watching an episode of NY Med when a new segment of the show
started. As the segment progressed, she realized that, even though the
patient's face had been blurred out; the patient who was the subject
of the new segment was her deceased husband, Mark. She heard her
husband asking for her while in his hospital bed, and saw his eventual
death on her television. Mrs. Chanko became incredibly distraught
after having to relive the 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 film and 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 :

2016: S.4622-C - Recommitted to Health
2015: S.4622-A - Referred to Health

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3696 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3696
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens. GOLDEN, ADDABBO, HOYLMAN -- 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:
 
   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 TREAT-
 MENT 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  TRAIN-
 ING 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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01750-01-7

 S. 3696                             2
 
   (A) "HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACIL-
 ITY,  GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY, DIAGNOS-
 TIC 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 AMBU-
 LANCE 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.
   4. NOTHING IN THIS SECTION SHALL DIMINISH OR IMPAIR ANY RIGHT OR REME-
 DY 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. This act shall take effect immediately.

co-Sponsors

2017-S3696A - Details

See Assembly Version of this Bill:: A1190
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2806-c, Pub Health L; amd §50-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4622, A5161
2019-2020: S1693, A420
2021-2022: S484, A520
2023-2024: S134

2017-S3696A - Summary

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.

2017-S3696A - Sponsor Memo

                                 BILL NUMBER:  S3696A

 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 SPECIFIC 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 broadcasting 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 necessary 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
treatment. 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.

2806-c (3) provides definitions. "Health care facility" means 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 service as defined
by subdivision two of section 3001 of the Public Health Law or
voluntary ambulance service, as defined by subdivision three of
section 3001 of the PHL.

"Quality assurance" is defined as any evaluation of services provided
in or by a health care facility for the purposes of improvement in
safety, quality, or outcomes.

"Education or training of health care personnel" shall mean a program
of education or training of health care personnel or students being
educated or training to be health care personnel, and which the health
care facility has authorized.

"Broadcasting a visual image" is defined as the transmission by one of
several methods, including by broadcast, cable, closed circuit,
Internet, TV or other visual medium, social media, or other system by
which it can be viewed in violation of the privacy rights and
expectations of a patient.

2806-c (4) states that nothing in this section shall diminish or
impair any right or remedy otherwise applicable to any patient.

Section 2. Amends section 50-c of the Civil Rights Law. Adds a private
right of action for a violation of Section 2806-c of the Public Health
Law regarding the right to have privacy in treatment and in caring for
personal needs, including the broadcasting of an image or voice of a
patient undergoing treatment. This section also provides that the
individual or his or her estate representative may bring an action for
damages, and the cause of action shall survive the death of the
individual.

Section 3. Sets forth the effective date.

 JUSTIFICATION :

Under the federal HIPAA law, a patient's private health information is
not to be shared, with the exception of those designated by the
patient. As such, hospitals and doctors have imposed many rules that
are intended to protect patient privacy.  Despite this, a reality
medical television show on ABC, "NY Med", broadcast intimate details
of a patient's health at NewYork-Presbyterian Hospital/Weill Cornell
Medical Center.

One patient, Mark Chanko, passed away during the course of the filming
after he was hit by a sanitation truck. Mr. Chanko's widow, Anita, was
already watching an episode of NY Med when a new segment of the show
started. As it progressed, she realized that the patient that was
being shown, despite the face being blurred out, was Mark. She heard
her husband asking for her while in his hospital bed, and saw his
eventual death on her television. Mrs. Chanko became incredibly
distraught after having to relive the 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 :

2015-2016: A.5161-D/S.4622-C - Ordered to Third Reading Rules Cal.
436.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3696A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3696--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens. GOLDEN, ADDABBO, HOYLMAN -- 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
 
 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:
 
   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 TREAT-
 MENT 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  TRAIN-
 ING 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01750-05-7

 S. 3696--A                          2
 
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACIL-
 ITY,  GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY, DIAGNOS-
 TIC 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  AMBU-
 LANCE  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 REME-
 DY 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. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S3696B (ACTIVE) - Details

See Assembly Version of this Bill:: A1190
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2806-c, Pub Health L; amd §50-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4622, A5161
2019-2020: S1693, A420
2021-2022: S484, A520
2023-2024: S134

2017-S3696B (ACTIVE) - Summary

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.

2017-S3696B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3696B

SPONSOR: GOLDEN
 
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.

2017-S3696B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3696--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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 TREAT-
 MENT 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  TRAIN-
 ING 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 FACIL-
 ITY,  GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY, DIAGNOS-
 TIC 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  AMBU-
 LANCE  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 REME-
 DY 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 REME-
 DY OTHERWISE APPLICABLE TO ANY PATIENT.
   § 3. This act shall take effect immediately.

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Senate Bill S3696B

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S3696 - Details

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2017-S3696A - Details

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2017-S3696B (ACTIVE) - Details

2017-S3696B (ACTIVE) - Summary

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