NY State Assembly Bill 2017-A1190B

Assembly Bill A1190B

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 - On Floor Calendar

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
Jun 11, 2018	amended on third reading 1190b
Jan 03, 2018	ordered to third reading cal.80
Jun 15, 2017	amended on third reading 1190a
Jun 15, 2017	ordered to third reading rules cal.368 rules report cal.368 reported
Jun 14, 2017	reported referred to rules
May 16, 2017	reported referred to codes
Jan 11, 2017	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2017-A1190 - Details

See Senate Version of this Bill:: S3696
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: A5161, S4622
2019-2020: A420, S1693
2021-2022: A520, S484
2023-2024: S134

2017-A1190 - 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-A1190 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1190
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, M. G. MILL-
   ER, BRINDISI, ARROYO, HOOPER, GOTTFRIED, ZEBROWSKI,  COOK,  MONTESANO,
   FINCH,  SALADINO,  SEAWRIGHT,  FRIEND, JENNE, GALEF, KAVANAGH, HEVESI,
   WEPRIN -- Multi-Sponsored by -- M. of A. HIKIND, McDONOUGH, PALMESANO,
   PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01750-01-7

 A. 1190                             2
 
 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.
   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

multi-Sponsors

View additional multi-sponsors

2017-A1190A - Details

See Senate Version of this Bill:: S3696
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: A5161, S4622
2019-2020: A420, S1693
2021-2022: A520, S484
2023-2024: S134

2017-A1190A - 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-A1190A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1190--A
                                                            R. R. 368
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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,  KAVANAGH, HEVESI, WEPRIN,
   CASTORINA -- Multi-Sponsored by -- M. of A. HIKIND, McDONOUGH, PALMES-
   ANO, 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
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01750-04-7

 A. 1190--A                          2
 
 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 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

multi-Sponsors

View additional multi-sponsors

2017-A1190B (ACTIVE) - Details

See Senate Version of this Bill:: S3696
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: A5161, S4622
2019-2020: A420, S1693
2021-2022: A520, S484
2023-2024: S134

2017-A1190B (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-A1190B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1190--B
                                                          Cal. No. 80
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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, 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, retain-
   ing 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 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
 
  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 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'

 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 REME-
 DY OTHERWISE APPLICABLE TO ANY PATIENT.
   § 3. This act shall take effect immediately.

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Assembly Bill A1190B

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Sponsored By

BRAUNSTEIN

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

James Skoufis

Walter T. Mosley

Ellen C. Jaffee

Michael G. Miller

multi-Sponsors

Dov Hikind

David McDonough

Philip Palmesano

Crystal Peoples-Stokes

2017-A1190 - Details

2017-A1190 - Summary

2017-A1190 - Bill Text download pdf

co-Sponsors

James Skoufis

Walter T. Mosley

Ellen C. Jaffee

Michael G. Miller

multi-Sponsors

Dov Hikind

David McDonough

Philip Palmesano

Crystal Peoples-Stokes

2017-A1190A - Details

2017-A1190A - Summary

2017-A1190A - Bill Text download pdf

co-Sponsors

James Skoufis

Walter T. Mosley

Ellen C. Jaffee

Michael G. Miller

multi-Sponsors

Dov Hikind

David McDonough

Philip Palmesano

Crystal Peoples-Stokes

2017-A1190B (ACTIVE) - Details

2017-A1190B (ACTIVE) - Summary

2017-A1190B (ACTIVE) - Bill Text download pdf

Comments