New York A 6954: 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

Bill Text

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A06954 Summary:

BILL NOA06954 

&nbsp

SAME ASSAME AS S00555

&nbsp

SPONSORBraunstein

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

&nbsp

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.

Go to top A06954 Actions:

BILL NOA06954 

&nbsp

03/18/2025referred to health

01/07/2026referred to health

Go to topA06954 Committee&nbspVotes:

Go to topA06954 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06954 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6954

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 18, 2025
 ___________

 Introduced by M. of A. BRAUNSTEIN -- read once and referred 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:

 1 Section 1. The public health law is amended by adding a new section
 2 2806-c to read as follows:
 3 § 2806-c. Restrictions on broadcasting of patients. 1. Every patient
 4 in a health care facility in this state shall have the right to have
 5 privacy in treatment and in caring for personal needs, including the
 6 broadcasting of the recognizable image or speech of such patient
 7 involved in a health care procedure within the confines of such facili-
 8 ty, with the exception of broadcasting such image or speech for the
 9 purposes of advancing the health care treatment of the individual, a
 10 quality assurance program, the education or training of health care
 11 personnel, or necessary security purposes.
 12 2. Such privacy in treatment shall include the obtaining by the health
 13 care facility of express written consent on a separate document used
 14 solely for such purpose from an individual receiving treatment in such
 15 facility prior to broadcasting the recognizable image or speech of such
 16 patient involved in such treatment. In the case of broadcasting the
 17 recognizable image or speech for education or training of health care
 18 personnel, the patient shall have the right to know of and shall have
 19 the right to refuse the broadcasting for that purpose. A person legally
 20 authorized to make health care decisions for the patient or otherwise
 21 authorized to consent may grant such consent or exercise such refusal if
 22 the patient cannot reasonably do so due to such patient's incapacity.
 23 3. For the purposes of this section:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01710-01-5

 A. 6954 2

 1 (a) "health care facility" shall mean a residential health care facil-
 2 ity, general hospital, free-standing ambulatory care facility, diagnos-
 3 tic and/or treatment center and clinic authorized under this article, or
 4 within an ambulance with all doors closed operated by an ambulance
 5 service as defined by subdivision two of section three thousand one of
 6 this chapter or by a voluntary ambulance service as defined by subdivi-
 7 sion three of section three thousand one of this chapter;
 8 (b) "quality assurance" shall mean any evaluation of services provided
 9 in or by a health care facility for purposes of improvement in safety,
 10 quality or outcomes;
 11 (c) "education or training of health care personnel" shall mean a
 12 program of education or training of health care personnel or students
 13 being educated or trained to be health care personnel, that the health
 14 care facility has authorized;
 15 (d) "broadcasting" of an image or speech shall mean transmission by
 16 broadcast, cable, closed circuit, internet or other television or visual
 17 medium, social media, or other system by which it can be viewed in
 18 violation of the privacy rights and expectations of a patient. Provided
 19 however, that broadcasting shall not include transmission of the image
 20 or speech of an individual being treated, transported or otherwise cared
 21 for or att