New York Legislation Would Make It a Felony to Film Patients Without Prior Consent

wly proposed legislation would make it a felony in New York to film patients receiving medical treatment without prior consent.
New York Legislation Would Make It a Felony to Film Patients Without Prior Consent
. Adam Lerner/AP for ProPublica
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State Assemblyman Ed Braunstein, a Queens Democrat, filed the bill last month in response to a ProPublica article, published in January with the New York Times. The story detailed how the TV show “NY Med” aired the final moments of Mark Chanko’s life while he was being treated at NewYork-Presybterian Hospital/Weill Cornell Medical Center.

 Neither Chanko nor his family had given the show permission to film him. Although Chanko’s face was blurred on the broadcast and his voice altered, his widow immediately recognized him when the episode aired in August 2012.

“You can imagine what the family went through when they witnessed their loved one dying on TV,” Braunstein said in an interview. “After watching the story and finding out that they were really without any recourse, we decided we should introduce something to fix the problem. In the future, if someone is going to be filming medical treatment, you have to get a signoff from the patient or the patient’s power of attorney or health care proxy.”