Senate Bill S1693

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

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2019-S1693 - Details

Current Committee:
Assembly 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
2017-2018: S3696
2021-2022: S484
2023-2024: S134

2019-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.

2019-S1693 - Sponsor Memo

2019-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

2019-S1693A - Details

Current Committee:
Assembly 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
2017-2018: S3696
2021-2022: S484
2023-2024: S134

2019-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.

2019-S1693A - Sponsor Memo

2019-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

2019-S1693B (ACTIVE) - Details

Current Committee:
Assembly 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
2017-2018: S3696
2021-2022: S484
2023-2024: S134

2019-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.

2019-S1693B (ACTIVE) - Sponsor Memo

2019-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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