Mississippi 2025 Regular Session

Mississippi House Bill HB1374 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Human Services By: Representative Porter House Bill 1374 AN ACT TO BE KNOWN AS THE PATIENT PRIVACY AND MEDICAL RECORDING PROTECTION ACT; TO PROHIBIT 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; TO PROVIDE FOR CERTAIN EXEMPTIONS; TO PROVIDE FOR FINES AND CIVIL REMEDIES FOR VIOLATIONS; TO PROHIBIT THE SHARING OF MEDICAL INFORMATION, INCLUDING IMAGES, VIDEOS OR RECORDINGS CONTAINING IDENTIFIABLE PATIENT INFORMATION, WITH OTHER MEDICAL PROFESSIONALS OR THIRD PARTIES UNLESS THE INFORMATION IS ANONYMIZED TO REMOVE ALL IDENTIFIABLE DETAILS OR THE PATIENT PROVIDES EXPLICIT WRITTEN CONSENT FOR SHARING IDENTIFIABLE INFORMATION; TO PROHIBIT MEDICAL FACILITIES AND PROVIDERS FROM SHARING REVEALING IMAGES OF PATIENTS WITHOUT THEIR EXPRESS CONSENT, EXCEPT AS REQUIRED BY LAW; TO PROVIDE FOR FINES AND CIVIL REMEDIES FOR VIOLATIONS; TO PROVIDE THAT THE STATE BOARD OF MEDICAL LICENSURE WILL OVERSEE ENFORCEMENT OF THIS ACT, INVESTIGATE COMPLAINTS, AND IMPOSE PENALTIES FOR NONCOMPLIANCE; TO AUTHORIZE PATIENTS AND MEDICAL PROVIDERS TO FILE COMPLAINTS ABOUT UNAUTHORIZED RECORDINGS OR DATA SHARING WITH THE BOARD; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 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. (1) (a) 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. (b) Signs must be prominently displayed in medical facilities to notify patients and visitors of the recording prohibition. (2) The following recordings are exempt from the provisions of this act: (a) Recordings authorized by the medical facility for training or quality assurance purposes, with patient consent; and (b) Recordings required by law enforcement or legal proceedings, with court approval. (3) (a) Individuals violating this prohibition may be subject to fines of up to Five Thousand Dollars ($5,000.00) per incident. (b) Medical facilities may seek civil remedies, including injunctive relief, to address unauthorized recordings. SECTION 4. Restrictions on sharing medical information. (1) Medical information, including images, videos or recordings containing identifiable patient information, may not be shared with other medical professionals or third parties unless: (a) The information is anonymized to remove all identifiable details; or (b) The patient provides explicit written consent for sharing identifiable information. (2) Medical facilities and providers are prohibited from sharing revealing images of patients without their express consent, except as required by law. (3) (a) Medical professionals or facilities violating this subsection are subject to fines of up to Ten Thousand Dollars ($10,000.00) per incident and potential suspension of their licenses for repeated violations. (b) Patients may seek civil remedies, including damages, for harm caused by unauthorized sharing of identifiable medical information. SECTION 5. Enforcement and oversight. (1) The State Board of Medical Licensure shall oversee enforcement of this act, investigate complaints, and impose penalties for noncompliance. (2) The board shall submit annual reports on violations and enforcement actions under this act to the Legislature. (3) Patients and medical providers may file complaints about unauthorized recordings or data sharing with the board. SECTION 6. This act shall take effect and be in force from and after July 1, 2025.
2	2
3	3	MISSISSIPPI LEGISLATURE
4	4
5	5	2025 Regular Session
6	6
7	7	To: Public Health and Human Services
8	8
9	9	By: Representative Porter
10	10
11	11	# House Bill 1374
12	12
13	13	AN ACT TO BE KNOWN AS THE PATIENT PRIVACY AND MEDICAL RECORDING PROTECTION ACT; TO PROHIBIT 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; TO PROVIDE FOR CERTAIN EXEMPTIONS; TO PROVIDE FOR FINES AND CIVIL REMEDIES FOR VIOLATIONS; TO PROHIBIT THE SHARING OF MEDICAL INFORMATION, INCLUDING IMAGES, VIDEOS OR RECORDINGS CONTAINING IDENTIFIABLE PATIENT INFORMATION, WITH OTHER MEDICAL PROFESSIONALS OR THIRD PARTIES UNLESS THE INFORMATION IS ANONYMIZED TO REMOVE ALL IDENTIFIABLE DETAILS OR THE PATIENT PROVIDES EXPLICIT WRITTEN CONSENT FOR SHARING IDENTIFIABLE INFORMATION; TO PROHIBIT MEDICAL FACILITIES AND PROVIDERS FROM SHARING REVEALING IMAGES OF PATIENTS WITHOUT THEIR EXPRESS CONSENT, EXCEPT AS REQUIRED BY LAW; TO PROVIDE FOR FINES AND CIVIL REMEDIES FOR VIOLATIONS; TO PROVIDE THAT THE STATE BOARD OF MEDICAL LICENSURE WILL OVERSEE ENFORCEMENT OF THIS ACT, INVESTIGATE COMPLAINTS, AND IMPOSE PENALTIES FOR NONCOMPLIANCE; TO AUTHORIZE PATIENTS AND MEDICAL PROVIDERS TO FILE COMPLAINTS ABOUT UNAUTHORIZED RECORDINGS OR DATA SHARING WITH THE BOARD; AND FOR RELATED PURPOSES.
14	14
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
16	16
17	17	SECTION 1. Short title. This act shall be known as the Patient Privacy and Medical Recording Protection Act.
18	18
19	19	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.
20	20
21	21	SECTION 3. Prohibition on unauthorized recording. (1) (a) 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.
22	22
23	23	(b) Signs must be prominently displayed in medical facilities to notify patients and visitors of the recording prohibition.
24	24
25	25	(2) The following recordings are exempt from the provisions of this act:
26	26
27	27	(a) Recordings authorized by the medical facility for training or quality assurance purposes, with patient consent; and (b) Recordings required by law enforcement or legal proceedings, with court approval.
28	28
29	29	(3) (a) Individuals violating this prohibition may be subject to fines of up to Five Thousand Dollars ($5,000.00) per incident.
30	30
31	31	(b) Medical facilities may seek civil remedies, including injunctive relief, to address unauthorized recordings.
32	32
33	33	SECTION 4. Restrictions on sharing medical information.
34	34
35	35	(1) Medical information, including images, videos or recordings containing identifiable patient information, may not be shared with other medical professionals or third parties unless:
36	36
37	37	(a) The information is anonymized to remove all identifiable details; or
38	38
39	39	(b) The patient provides explicit written consent for sharing identifiable information.
40	40
41	41	(2) Medical facilities and providers are prohibited from sharing revealing images of patients without their express consent, except as required by law.
42	42
43	43	(3) (a) Medical professionals or facilities violating this subsection are subject to fines of up to Ten Thousand Dollars ($10,000.00) per incident and potential suspension of their licenses for repeated violations.
44	44
45	45	(b) Patients may seek civil remedies, including damages, for harm caused by unauthorized sharing of identifiable medical information.
46	46
47	47	SECTION 5. Enforcement and oversight. (1) The State Board of Medical Licensure shall oversee enforcement of this act, investigate complaints, and impose penalties for noncompliance.
48	48
49	49	(2) The board shall submit annual reports on violations and enforcement actions under this act to the Legislature.
50	50
51	51	(3) Patients and medical providers may file complaints about unauthorized recordings or data sharing with the board.
52	52
53	53	SECTION 6. This act shall take effect and be in force from and after July 1, 2025.