Vermont H 563: An act relating to a private right of action for unauthorized use of a person’s likeness obtained near the immediate entrance of an essential care facility

Bill Text

BILL AS INTRODUCED H.563
2026 Page 1 of 6

VT LEG #386231 v.1
H.563 1
Introduced by Representative Kleppner of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Court procedure; unauthorized use of a person’s likeness; private right 5
of action 6
Statement of purpose of bill as introduced: This bill proposes to create a 7
private right of action for the unauthorized use of a person’s likeness that is 8
obtained near the immediate entrance of an essential care facility. 9
An act relating to a private right of action for unauthorized use of a person’s 10
likeness obtained near the immediate entrance of an essential care facility 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 12 V.S.A. chapter 223 is added to read: 13
CHAPTER 223. UNCONSENTED USE OF PERSON’S LIKENESS 14
§ 7401. APPLICATION AND CONSTRUCTION; PURPOSE 15
(a) In applying and construing this chapter, consideration shall be given to 16
the following: 17
(1) Access to essential human and medical care is fundamental to the 18
health, safety, and well-being of all Vermonters, particularly vulnerable 19
populations. 20

BILL AS INTRODUCED H.563
2026 Page 2 of 6

VT LEG #386231 v.1
(2) Individuals seeking such care are often in moments of profound 1
vulnerability, seeking assistance for deeply personal circumstances, and have a 2
deeply personal and objectively reasonable expectation of privacy when 3
accessing these critical services. 4
(3) The contemporary societal landscape mandates an expansive 5
understanding of “care” to encompass not only traditional medical facilities but 6
also critical human services that address fundamental needs, health, and well-7
being, such as homeless shelters providing medical-adjacent services like 8
medication management. 9
(4) National public policy, as exemplified by the Health Insurance 10
Portability and Accountability Act (HIPAA), establishes a powerful norm that 11
matters concerning one’s health and the act of seeking medical-related care are 12
inherently private. 13
(5) The commercial exploitation of individuals’ images at the threshold 14
of facilities providing essential care undermines this national policy by 15
potentially deterring vulnerable individuals from accessing critical services due 16
to fear of public exposure of their private health circumstances. 17
(6) While the First Amendment generally protects photography in public 18
places, this protection is not absolute, especially when images are used for 19
purely commercial purposes that invade an individual’s right to privacy or 20
control over the individual’s own likeness. 21

BILL AS INTRODUCED H.563
2026 Page 3 of 6

VT LEG #386231 v.1
(7) Vermont recognizes the tort of appropriation of likeness, which 1
protects an individual’s right to control the commercial use of the individual’s 2
name or image. 3
(8) There is a compelling governmental interest in ensuring safe and 4
unimpeded access to health care facilities and protecting the health and safety 5
of citizens. 6
(b) The purpose of this act is to: 7
(1) recognize and protect a “functional curtilage of care” around the 8
immediate entrances of essential human and medical care facilities, 9
establishing a heightened and objectively reasonable expectation of privacy in 10
those sensitive areas; 11
(2) prohibit the unauthorized commercial exploitation of individuals’ 12
images taken around the immediate entrances of essential human and medical 13
care facilities; and 14
(3) ensure unfettered access to essential care by mitigating deterrents 15
caused by unwanted visual intrusion for commercial gain. 16
§ 7402. DEFINITIONS 17
As used in this chapter: 18
(1) “Care” means any service provided to an individual that addresses 19
fundamental needs, health, and well-being, including medical treatment, 20
mental health services, reproductive health services, substance abuse treatment, 21

BILL AS INTRODUCED H.563
2026 Page 4 of 6

VT LEG #386231 v.1
shelter, food assistance, or the secure holding and dispensing of prescribed 1
medications or other health-related support. 2
(2) “Commercial exploitation” means the unauthorized use, publication, 3
display, or dissemination of an individual’s image for advertising, marketing, 4
or any other commercial purpose, including the sale of images, inclusion in 5
commercial publications, or use in promotional materials, where such use is 6
not connected to a legitimate newsgathering activity, journalistic purpose, or 7
legitimate public interest nexus. 8
(3) “Essential human and medical care facility” means any building or 9
premises where “care” is regularly provided, including abortion clinics, general 10
hospital facilities, emergency medical treatment centers, methadone 11
dispensaries, homeless shelters providing medical-adjacent services, and 12
similar facilities. 13
(4) “Functional curtilage of care” means the immediate area surrounding 14
any entrance, exit, or designated access point of an essential human and 15