S T A T E O F N E W Y O R K
________________________________________________________________________
520--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. BRAUNSTEIN, GOTTFRIED, ZEBROWSKI, COOK,
SEAWRIGHT, GALEF, HEVESI, WEPRIN, L. ROSENTHAL, GRIFFIN, RODRIGUEZ,
MONTESANO, FRIEND, BARRON -- Multi-Sponsored by -- M. of A. McDONOUGH,
NOLAN, PALMESANO, PEOPLES-STOKES, SIMON -- read once and referred to
the Committee on Health -- 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:
§ 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 APPROPRIATE 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.
LBD03464-04-1
A. 520--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
WITHIN AN AMBULANCE WITH ALL DOORS CLOSED OPERATED BY AN AMBULANCE
SERVICE AS DEFINED BY SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF
THIS CHAPTER OR BY A VOLUNTARY AMBULANCE SERVICE AS DEFINED BY SUBDIVI-
SION 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.
(E) NOTHING IN THIS SECTION SHALL APPLY WHERE SUCH RECOGNIZABLE IMAGE
OR SPEECH IS BROADCAST OR CONVEYED AS PART OF THE NEWS GATHERING PROCESS
AMONG PROFESSIONAL JOURNALISTS, NEWSCASTERS OR OTHER INDIVIDUALS OR
ENTITIES, INCLUDING THOSE DEFINED IN SUBDIVISION (A) OF SECTION SEVEN-
TY-NINE-H OF THE CIVIL RIGHTS LAW, AND THEIR AGENTS AND LEGAL ADVISERS,
BUT NOT BROADCAST TO THE PUBLIC.
4. NO HEALTH CARE FACILITY, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION, SHALL INCUR ANY LIABILITY UNDER THIS SECTION FOR
THE BROADCASTING BY A THIRD PARTY OF THE RECOGNIZABLE IMAGE OR SPEECH OF
A PATIENT INVOLVED IN A HEALTH CARE PROCEDURE IN THE FACILITY WHEN SUCH
IMAGE OR SPEECH WAS OBTAINED BY THE THIRD PARTY WITHOUT THE KNOWLEDGE OR
CONSENT OF THE FACILITY OR ITS STAFF.
5. NOTHING IN THIS SECTION SHALL DIMINISH OR IMPAIR ANY RIGHT OR
REMEDY 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 fees to a prevailing plaintiff.
A. 520--A 3
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 ATTORNEY'S
FEES TO A PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN SHALL
SURVIVE THE DEATH OF SUCH INDIVIDUAL AND SHALL ONLY APPLY TO VIOLATIONS
OCCURRING ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
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.