senate Bill S484A

2021-2022 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

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Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2021 referred to health
delivered to assembly
passed senate
Feb 22, 2021 advanced to third reading
Feb 10, 2021 2nd report cal.
Feb 09, 2021 1st report cal.346
Jan 21, 2021 print number 484a
Jan 21, 2021 amend and recommit to health
Jan 06, 2021 referred to health

Co-Sponsors

view additional co-sponsors

S484 - 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
2019-2020: S1693

S484 - 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.

S484 - Sponsor Memo

S484 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    484
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  ADDABBO,  BIAGGI, HOYLMAN, KAPLAN, LIU,
   RIVERA, SERINO -- 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 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
 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.

Co-Sponsors

view additional co-sponsors

S484A (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
2019-2020: S1693

S484A (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.

S484A (ACTIVE) - Sponsor Memo

S484A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  484--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  ADDABBO,  BIAGGI, HOYLMAN, KAPLAN, LIU,
   RIVERA, SERINO -- read twice and ordered printed, and when printed  to
   be  committed to the Committee on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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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