senate Bill S1693B

2019-2020 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

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Jun 12, 2019 amended on third reading 1693b
Jun 04, 2019 amended on third reading 1693a
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.455
Jan 15, 2019 referred to health

Votes

view votes

Apr 9, 2019 - Health committee Vote

S1693
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 9, 2019

aye wr (2)
excused (1)

Co-Sponsors

S1693 - Details

Current Committee:
Senate Rules
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
2017-2018: S3696

S1693 - Summary

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

S1693 - Sponsor Memo

S1693 - Bill Text download pdf


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

                                  1693

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sen. KRUEGER -- 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.
                                                           LBD02693-01-9

Co-Sponsors

S1693A - Details

Current Committee:
Senate Rules
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
2017-2018: S3696

S1693A - Summary

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

S1693A - Sponsor Memo

S1693A - Bill Text download pdf


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

                                 1693--A
    Cal. No. 455

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in 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 WITHIN THE CONFINES OF 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 SECURI-
TY 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

Co-Sponsors

S1693B (ACTIVE) - Details

Current Committee:
Senate Rules
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
2017-2018: S3696

S1693B (ACTIVE) - Summary

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

S1693B (ACTIVE) - Sponsor Memo

S1693B (ACTIVE) - Bill Text download pdf


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

                                 1693--B
    Cal. No. 455

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in 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 IN THIS STATE 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 WITHIN THE CONFINES OF SUCH  FACILI-
TY,  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

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