Sec. 14. Prohibition of visual recording without informed consent
237 words·~1 min read·
/bill/113/hr/357/eh/section-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7331 is amended— by striking The Secretary, upon and inserting
(a); and In general.— The Secretary, upon by adding at the end the following new subsection: The Secretary shall prescribe regulations establishing procedures to ensure that, except as provided by paragraph (2), any visual recording made by the Secretary of a patient during the course of furnishing care under this title is carried out only with the full and informed consent of the patient or, in appropriate cases, a representative thereof. The Secretary may waive the requirement for informed consent under paragraph
(1)with respect to the visual recording of a patient if such recording is made— pursuant to a determination by a physician or psychologist that such recording is medically necessary or necessary for the safety of the patient; pursuant to a warrant or order of a court of competent jurisdiction; or in a public setting where a person would not have a reasonable expectation to privacy, such as a waiting room or hallway, and such recording is for general security purposes not particularized to the patient. In this subsection, the term visual recording means the recording or transmission of images or video, but does not include— medical imaging, including such imaging produced by radiographic procedures, nuclear medicine, endoscopy, ultrasound, or other similar procedures; or images, video, and other clinical information transmitted for the purposes of providing treatment through telehealth and telemedicine technologies. .