The Patient Privacy and Medical Recording Protection Act enhances patient confidentiality and safeguards against unauthorized recording and data sharing in medical facilities, ensuring dignity and trust in healthcare settings. This Act reinforces trust in healthcare by prioritizing patient dignity, confidentiality, and security in an increasingly digital environment.

Key Provisions

• Prohibition on Unauthorized Recording: Recording interactions or procedures in medical facilities without the consent of all parties is prohibited. Medical facilities must display prominent signs informing patients and visitors of the recording ban. Violators may face fines up to $5,000 per incident, and medical facilities may seek civil remedies.

• Restrictions on Sharing Medical Information: Identifiable medical information, including images and videos, can only be shared if anonymized or with explicit written patient consent. Medical facilities are barred from sharing revealing images of patients without their express consent, unless required by law.

• Penalties: Violations may result in fines up to $10,000 per incident and potential license suspension for repeat offenses. Patients may seek damages for unauthorized sharing.

• Enforcement and Oversight: The state medical board will oversee compliance, investigate complaints, and impose penalties. Annual reports on violations and enforcement actions will be submitted to the state legislature. Patients and providers can file complaints about unauthorized recordings or data sharing with the state medical board.

• Transparency and Accountability: Medical facilities are required to implement measures ensuring compliance with privacy and recording regulations. Patients have clear channels to report violations and seek remedies.

Model Language

Section 1. Short Title: This Act shall be known as the “Patient Privacy and Medical Recording Protection Act.”

Section 2. Purpose: The purpose of this Act is to safeguard patient privacy by prohibiting unauthorized recording in medical facilities and restricting the sharing of identifiable medical information to protect patients’ dignity and confidentiality.

Section 3. Prohibition on Unauthorized Recording

(a) Ban on Recording Without Consent:

1. Patients, visitors, or any other individuals are prohibited from using video, audio, or other recording equipment to capture interactions or procedures in physicians’ offices or other medical facilities without the express consent of all parties involved.

2. Signs must be prominently displayed in medical facilities to notify patients and visitors of the recording prohibition.

(b) Exemptions:

1. Recordings authorized by the medical facility for training or quality assurance purposes, with patient consent.

2. Recordings required by law enforcement or legal proceedings, with court approval.

(c) Penalties for Violations:

1. Individuals violating this prohibition may be subject to fines of up to [$5,000] per incident.

2. Medical facilities may seek civil remedies, including injunctive relief, to address unauthorized recordings.

Section 4. Restrictions on Sharing Medical Information

(a) Anonymization Requirement: Medical information, including images, videos, or records containing identifiable patient information, may not be shared with other medical professionals or third parties unless:

1. The information is anonymized to remove all identifiable details.

2. The patient provides explicit written consent for sharing identifiable information.

(b) Prohibited Sharing of Images:

Medical facilities and providers are prohibited from sharing revealing images of patients without their express consent, except as required by law.

(c) Penalties for Unauthorized Sharing:

1. Medical professionals or facilities violating this provision may face fines of up to [$10,000] per incident and potential suspension of licenses for repeated violations.

2. Patients may seek civil remedies, including damages, for harm caused by unauthorized sharing of identifiable medical information.

Section 5. Enforcement and Oversight

(a) State Medical Board Responsibility:

1. The state medical board shall oversee enforcement of this Act, investigate complaints, and impose penalties for non-compliance.

2. Annual reports on violations and enforcement actions shall be submitted to the state legislature.

(b) Complaint Mechanism: Patients and medical providers may file complaints about unauthorized recordings or data sharing with the state medical board.

Section 6. Severability: If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall not be affected.

Section 7. Effective Date: This Act shall take effect on [date].

Download Model Bill Language