AB 255

This bill creates a requirement for hospitals, ambulatory surgical centers, or

any other places where surgical procedures are performed (surgical facilities) to offer

surgical patients the option to have their surgical procedures videotaped. Surgical

facilities must provide notice of the option and all related procedures and conditions

set forth in the bill. For purposes of this bill, a surgical procedure is one for which

a patient is given a general anesthetic. If a patient makes a request to have a surgical

procedure recorded, this bill requires that the surgical facility, or its designee, record

the surgical procedure with both audio and color video, and record with color video

any entryway to or exit from the surgical suite during the time reserved for the

surgery of the requesting patient, including preparation time. If the surgical patient

is incapacitated, the surgical facility is required to provide a person authorized by

the patient with notice of the option for video recording, and that person may request

that a recording be made. Similarly, if the surgical patient is a minor, the surgical

facility must notify a parent, guardian, or legal custodian of the option for video

recording and allow that person to make a request for a recording on behalf of the

minor. The bill also allows a physician or certain other individual who holds a valid

license or other credential that allows him or her to perform surgical procedures for

which a patient is under general anesthesia (surgical practitioner) and who is

scheduled to perform a surgical patient's surgical procedure to request that a

recording be made, and a surgical facility must comply with the request so long as

certain conditions are met, including that the surgical patient or person authorized

by the patient does not object. Under the bill, in certain limited emergency

circumstances, surgical facilities are not required to provide the option of recording.

In return for exercising the option to have a surgical procedure recorded, under

the bill, the surgical patient or, if applicable, parent, guardian, legal custodian, or

person authorized by the patient may disclose the recording only to limited

authorized individuals unless confidentiality is waived by the surgical practitioner.

Video recordings of surgical procedures created under this bill are otherwise treated

as patient health care records and are subject to the same protections as other

medical records including all criminal and civil penalties for improper disclosure or

destruction. The bill specifies that, once a recording is complete, the surgical facility

or its designee must preserve the recording as part of the patient's health care record

but delete copies of the recording from the recording device and elsewhere. Upon

request, the surgical facility must provide to the patient, person authorized by the

patient, or parent, guardian, or legal custodian of the patient one copy of the

recording free of charge. Recordings under this bill are admissible as evidence in any

civil or criminal action or proceeding related to any alleged act or omission depicted

in the recording.

Under this bill, a surgical patient may complete an advance request for

recording, which permits an individual who is of sound mind and over the age of 18