Veterans' Privacy Act

Bill: 113-hr-1490
Sponsor: full_name: Rep. Miller, Jeff [R-FL-1]
Introduced: 2013-04-11
Policy area: Armed Forces and National Security
Subjects: Health information and medical records

Internet and video services

Internet, web applications, social media

Photography and imaging

Right of privacy

Veterans' medical care
Latest action: action_date: 2013-06-27
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

Summaries:
action_date: 2013-04-11
action_desc: Introduced in House
text: <p>Veterans' Privacy Act - Directs the Secretary of Veterans Affairs to prescribe regulations to ensure that any visual recording made of a patient during the course of furnishing care through the Department of Veterans Affairs (VA) is carried out only with the full and informed consent of that patient or, in appropriate cases, a representative thereof.</p> <p>Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy (such as a waiting room or hallway) and the recording is for general security purposes not particularized to the patient.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 1490 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to prohibit the recording of a patient in a facility of the Department of Veterans Affairs without the informed consent of the patient.

1. Short title This Act may be cited as the Veterans’ Privacy Act . 2. Prohibition of visual recording without informed consent Section 7331 of title 38, United States Code, is amended— (1) by striking The Secretary, upon and inserting (a) In general.— The Secretary, upon ; and (2) by adding at the end the following new subsection: (b) Visual recording (1) 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. (2) 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— (A) pursuant to a determination by a physician or psychologist that such recording is medically necessary; (B) pursuant to a warrant or order of a court of competent jurisdiction; or (C) 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. (3) In this subsection, the term visual recording means the recording or transmission of images or video. .