Assembly Bill A5161D

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5161

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the penal law, in relation  to
  prohibiting  filming  and  broadcast of individuals undergoing medical
  treatment without prior written consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  f  of  subdivision  3 of section 2803-c of the
public health law, as added by chapter 648  of  the  laws  of  1975,  is
amended to read as follows:
  f. Every patient shall have the right to have privacy in treatment and
in  caring  for  personal  needs,  confidentiality  in  the treatment of
personal  and  medical  records,  and  security  in   storing   personal
possessions.
  PRIVACY  IN TREATMENT SHALL ENTAIL THE OBTAINMENT BY A MEDICAL FACILI-
TY, AMBULANCE SERVICE AS DEFINED BY SUBDIVISION  TWO  OF  SECTION  THREE
THOUSAND  ONE OF THIS CHAPTER, VOLUNTARY AMBULANCE SERVICE AS DEFINED BY
SUBDIVISION THREE OF SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  OR
CERTIFIED  FIRST  RESPONDERS  AS  DEFINED BY SUBDIVISION FIVE OF SECTION
THREE THOUSAND ONE OF THIS CHAPTER, OF  EXPRESS  WRITTEN  CONSENT  ON  A
SEPARATE  DOCUMENT  USED  SOLELY  FOR  SUCH  PURPOSE  FROM AN INDIVIDUAL
RECEIVING TREATMENT FROM SUCH FACILITY AND/OR SERVICES PRIOR TO  FILMING
AND/OR  BROADCASTING  FOOTAGE  OF  SUCH  TREATMENT. A PATIENT'S POWER OF
ATTORNEY MAY GRANT SUCH CONSENT IF IT CANNOT REASONABLY BE OBTAINED FROM
SUCH PATIENT DUE TO SUCH PATIENT'S INCAPACITY.
  FOR THE PURPOSES OF THIS PROVISION, "MEDICAL FACILITY"  SHALL  MEAN  A
RESIDENTIAL  HEALTH CARE FACILITY, GENERAL HOSPITAL, FREE-STANDING AMBU-
LATORY CARE FACILITY, DIAGNOSTIC  AND/OR  TREATMENT  CENTER  AND  CLINIC
AUTHORIZED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  S  2. Section 250.65 of the penal law is renumbered section 250.70 and
a new section 250.65 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-04-5
              

A. 5161                             2

S 250.65 UNLAWFULLY RECORDING MEDICAL TREATMENT.
  A  PERSON  IS GUILTY OF UNLAWFULLY RECORDING MEDICAL TREATMENT WHEN HE
OR SHE FILMS AND/OR BROADCASTS FOOTAGE OF MEDICAL TREATMENT IN VIOLATION
OF PARAGRAPH F OF SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT  HUNDRED
THREE-C OF THE PUBLIC HEALTH LAW.
  UNLAWFULLY RECORDING MEDICAL TREATMENT IS A CLASS E FELONY.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the first of November  next
succeeding the date on which it shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH,  SALADINO, ROBINSON, SEAWRIGHT, FRIEND -- Multi-Sponsored by --
  M. of A.  CERETTO,  HIKIND,  PALMESANO,  PEOPLES-STOKES,  SCHIMMINGER,
  SIMON,  TITONE -- read once and referred 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, the penal law and the civil
  rights law, in relation to prohibiting filming and broadcast of  indi-
  viduals undergoing medical treatment without prior written consent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph f of subdivision  3  of  section  2803-c  of  the
public  health  law,  as  added  by  chapter 648 of the laws of 1975, is
amended to read as follows:
  f. Every patient shall have the right to have privacy in treatment and
in caring for personal needs, INCLUDING THE FILMING AND BROADCASTING  OF
MEDICAL  PROCEDURES  WITH  THE EXCEPTION OF FILMING AND BROADCASTING FOR
THE PURPOSES OF ADVANCING THE MEDICAL TREATMENT OF  THE  INDIVIDUAL  AND
HOSPITAL  SECURITY;  confidentiality  in  the  treatment of personal and
medical records, and security in storing personal possessions.
  (I) PRIVACY IN TREATMENT SHALL ENTAIL  THE  OBTAINMENT  BY  A  MEDICAL
FACILITY,  AMBULANCE  SERVICE  AS  DEFINED BY SUBDIVISION TWO OF SECTION
THREE THOUSAND ONE OF  THIS  CHAPTER,  VOLUNTARY  AMBULANCE  SERVICE  AS
DEFINED BY SUBDIVISION THREE OF SECTION THREE THOUSAND ONE OF THIS CHAP-
TER,  OR  CERTIFIED  FIRST  RESPONDERS AS DEFINED BY SUBDIVISION FIVE OF
SECTION THREE THOUSAND ONE OF THIS CHAPTER, OF EXPRESS  WRITTEN  CONSENT
ON  A  SEPARATE DOCUMENT USED SOLELY FOR SUCH PURPOSE FROM AN INDIVIDUAL
RECEIVING TREATMENT FROM SUCH FACILITY AND/OR SERVICES PRIOR TO  FILMING
AND/OR  BROADCASTING  FOOTAGE  OF  SUCH  TREATMENT. A PATIENT'S POWER OF
ATTORNEY, HEALTH CARE PROXY OR NEXT OF KIN MAY GRANT SUCH CONSENT IF  IT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-11-5
              

A. 5161--A                          2

CANNOT  REASONABLY  BE  OBTAINED FROM SUCH PATIENT DUE TO SUCH PATIENT'S
INCAPACITY.
  (II) IF THE MEDICAL FACILITY AND/OR MEDICAL STAFF ARE UNABLE TO SECURE
A  PATIENT'S  OR  THEIR REPRESENTATIVE'S PRIOR CONSENT FOR RECORDING THE
PARTICULAR PROCEDURE OR EVENT SOUGHT, AS OUTLINED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH, THE IMAGES MAY STILL BE RECORDED AND PREPARED FOR QUALI-
TY IMPROVEMENT AND/OR  QUALITY  ASSURANCE  PURPOSES,  PROVIDED  THAT  NO
RECORDED IMAGES WILL BE REVIEWED, USED OR RELEASED FOR ANY PURPOSE UNTIL
THE PROPER INFORMED CONSENT IS OBTAINED. IF SUCH INFORMED CONSENT IS NOT
OBTAINED, ALL RECORDED IMAGES SHOWING AND/OR INVOLVING THE PATIENT SHALL
BE  DESTROYED.  IN  THE EVENT A PATIENT OR THEIR REPRESENTATIVE REQUESTS
FILMING TO CEASE, THE REQUEST SHALL BE HONORED IMMEDIATELY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH: (1) "MEDICAL FACILITY" SHALL
MEAN A RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, FREE-STANDING
AMBULATORY CARE FACILITY, DIAGNOSTIC AND/OR TREATMENT CENTER AND  CLINIC
AUTHORIZED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER; (2) "QUALITY
IMPROVEMENT AND/OR QUALITY ASSURANCE PURPOSES" SHALL MEAN ANY EVALUATION
OF SERVICES PROVIDED IN SUCH MEDICAL FACILITIES FOR PURPOSES OF IMPROVE-
MENT IN SAFETY, QUALITY AND/OR OUTCOMES.
  S 2. Section 250.65 of the penal law is renumbered section 250.70  and
a new section 250.65 is added to read as follows:
S 250.65 UNLAWFULLY RECORDING MEDICAL TREATMENT.
  A  PERSON  IS GUILTY OF UNLAWFULLY RECORDING MEDICAL TREATMENT WHEN HE
OR SHE FILMS AND/OR BROADCASTS FOOTAGE OF MEDICAL TREATMENT IN VIOLATION
OF PARAGRAPH F OF SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT  HUNDRED
THREE-C OF THE PUBLIC HEALTH LAW.
  UNLAWFULLY RECORDING MEDICAL TREATMENT IS A CLASS E FELONY.
  S  3.  Section 50-c of the civil rights law, as amended by chapter 643
of the laws of 1999, is amended to read as follows:
  S 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 fees to a prevailing plaintiff.
  2. IF THE PRIVACY OF AN INDIVIDUAL AS DEFINED IN PARAGRAPH F OF SUBDI-
VISION THREE OF SECTION  TWENTY-EIGHT  HUNDRED  THREE-C  OF  THE  PUBLIC
HEALTH  LAW REGARDING THE FILMING AND BROADCASTING OF MEDICAL PROCEDURES
IS VIOLATED, SUCH INDIVIDUAL OR THEIR 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 ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN
SHALL SURVIVE THE DEATH OF SUCH INDIVIDUAL.
  S  4.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the first of November  next
succeeding the date on which it shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH, SALADINO, ROBINSON, SEAWRIGHT, FRIEND, RUSSELL, GALEF, KAVANAGH
  --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  HIKIND,  PALMESANO,
  PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, 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:
  S 2806-C. RESTRICTIONS ON VISUAL IMAGES OF PATIENTS. 1. EVERY PATIENT,
IN OR BEING SERVED BY A HEALTH CARE FACILITY, SHALL HAVE  THE  RIGHT  TO
HAVE  PRIVACY  IN  TREATMENT AND IN CARING FOR PERSONAL NEEDS, INCLUDING
THE MAKING OR BROADCASTING OF A VISUAL IMAGE OF A HEALTH CARE  PROCEDURE
INCLUDING  THE  PATIENT,  WITH THE EXCEPTION OF MAKING OR BROADCASTING A
VISUAL IMAGE 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 SECURITY.
  2. 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 FROM SUCH FACIL-
ITY  OR  SERVICES PRIOR TO MAKING OR BROADCASTING A VISUAL IMAGE OF SUCH
TREATMENT. IN THE CASE OF MAKING OR  BROADCASTING  A  VISUAL  IMAGE  FOR
EDUCATION  OR  TRAINING OF HEALTH CARE PERSONNEL, THE PATIENT SHALL HAVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-15-5
              

A. 5161--B                          2

THE RIGHT TO KNOW OF AND SHALL HAVE THE RIGHT TO REFUSE  THE  MAKING  OR
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 FACIL-
ITY, GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY,  DIAGNOS-
TIC  AND/OR  TREATMENT  CENTER AND CLINIC AUTHORIZED UNDER THIS ARTICLE,
AMBULANCE SERVICE AS DEFINED BY SUBDIVISION TWO OF SECTION  THREE  THOU-
SAND  ONE  OF  THIS  CHAPTER,  VOLUNTARY AMBULANCE SERVICE AS DEFINED BY
SUBDIVISION THREE OF SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  OR
CERTIFIED  FIRST  RESPONDERS  AS  DEFINED BY SUBDIVISION FIVE 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 A VISUAL IMAGE" SHALL MEAN  TRANSMISSION  BY  BROAD-
CAST,  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.
  S  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:
  S 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 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 MAKING AND BROAD-
CASTING OF VISUAL IMAGES OF MEDICAL PROCEDURES IS VIOLATED,  SUCH  INDI-
VIDUAL  OR  THEIR  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 ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN  SHALL  SURVIVE
THE DEATH OF SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH, SALADINO, ROBINSON, SEAWRIGHT, FRIEND, RUSSELL, GALEF, KAVANAGH
  --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  HIKIND,  PALMESANO,
  PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee -- reported and  referred
  to  the  Committee  on  Codes  --  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:
  S 2806-C. RESTRICTIONS ON VISUAL IMAGES OF PATIENTS. 1. EVERY PATIENT,
IN OR BEING SERVED BY A HEALTH CARE FACILITY, SHALL HAVE  THE  RIGHT  TO
HAVE  PRIVACY  IN  TREATMENT AND IN CARING FOR PERSONAL NEEDS, INCLUDING
THE MAKING OR BROADCASTING OF A VISUAL IMAGE OF A HEALTH CARE  PROCEDURE
INCLUDING  THE  PATIENT,  WITH THE EXCEPTION OF MAKING OR BROADCASTING A
VISUAL IMAGE 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. 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 FROM SUCH FACIL-
ITY  OR  SERVICES PRIOR TO MAKING OR BROADCASTING A VISUAL IMAGE OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-17-5
              

A. 5161--C                          2

TREATMENT. IN THE CASE OF MAKING OR  BROADCASTING  A  VISUAL  IMAGE  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  MAKING  OR
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 FACIL-
ITY,  GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY, DIAGNOS-
TIC AND/OR TREATMENT CENTER AND CLINIC AUTHORIZED  UNDER  THIS  ARTICLE,
AMBULANCE  SERVICE  AS DEFINED BY SUBDIVISION TWO OF SECTION THREE THOU-
SAND ONE OF THIS CHAPTER, VOLUNTARY  AMBULANCE  SERVICE  AS  DEFINED  BY
SUBDIVISION  THREE  OF  SECTION  THREE  THOUSAND ONE OF THIS CHAPTER, OR
CERTIFIED FIRST RESPONDERS AS DEFINED BY  SUBDIVISION  FIVE  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  A  VISUAL IMAGE" SHALL MEAN TRANSMISSION BY BROAD-
CAST, 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.
  S 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:
  S  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 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
MAKING OR BROADCASTING OF A VISUAL IMAGE  OF  A  HEALTH  CARE  PROCEDURE
INCLUDING  THE  PATIENT,  SUCH INDIVIDUAL OR HIS OR HER ESTATE REPRESEN-
TATIVE 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 ATTORNEY'S FEES TO  A  PREVAILING  PLAINTIFF.  THE  CAUSE  OF
ACTION CREATED HEREIN SHALL SURVIVE THE DEATH OF SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.