AB870,,30302. The surgical patient or other person informed under subd. 1. does not object to the video recording.
AB870,,3131(d) A patient’s surgical practitioner or other health care provider who will administer a patient’s discharge instructions may request that the patient’s discharge instructions, as given by the surgical practitioner or other health care provider, be recorded under the procedures described in this subsection. The surgical facility shall comply with the surgical practitioner’s or other health care provider’s request if all of the following are true:
AB870,,32321. The requesting surgical practitioner or other health care provider has informed the patient or, if applicable, a parent, guardian, legal custodian, person authorized by the patient under s. 146.81 (5), or relative of the patient of the surgical practitioner’s or health care provider’s request for recording and the reason the surgical practitioner or other health care provider has requested that recording.
AB870,,33332. The surgical patient or, if applicable, the parent, guardian, legal custodian, person authorized by the patient under s. 146.81 (5), or relative of the patient does not object to the recording.
AB870,,3434(e) 1. Except as otherwise provided under this subsection, no surgical patient or person on behalf of a surgical patient may disclose, unless the surgical practitioner or other health care provider that is a subject of the recording waives confidentiality, the content of a recording created under this section except to health care providers providing care to the surgical patient, to immediate family members or a person authorized by the patient under s. 146.81 (5), or to an attorney or an attorney’s staff for the purpose of obtaining legal advice. If legal action relating to the surgical procedure is taken, the surgical patient or an attorney for the surgical patient may disclose the recording to additional individuals if necessary for the case, but the recording shall be filed under seal if permitted by the court. In all other respects, recordings under this section shall be treated as patient health care records.
AB870,,35352. Notwithstanding the restrictions on disclosure under this paragraph, a surgical patient or a person on behalf of a surgical patient may disclose a recording of the surgical patient’s discharge instructions made under this section to one or more persons designated by the surgical patient to assist the surgical patient with postsurgical care, and one person designated by the surgical patient may receive a free copy of the recording of the surgical patient’s discharge instructions as set forth under sub. (10).
AB870,,36363. Notwithstanding subds. 1. and 2. and sub. (10), a surgical facility or surgical practitioner may, if authorization is granted under sub. (3), use a copy of a recording created under this section for teaching or research purposes outside the network of the surgical facility and if the surgical patient’s personal identifying information is redacted or if the surgical patient or other person authorized to request or consent to a recording under this section on behalf of the patient expressly consents, in writing, to the use and disclosure. Notwithstanding any other provision of this section, a surgical facility or surgical practitioner may, if not for teaching or research purposes outside of the network of the surgical facility, be permitted to use a recording made under this subsection without informed written confirmation under sub. (3) if the disclosure is otherwise permitted under s. 146.82 or 146.83.
AB870,,3737(3) Written confirmation. Before proceeding with a recording under sub. (2), a surgical facility shall obtain from the surgical patient or other person authorized to request or consent to a recording under sub. (2) on behalf of the patient, confirmation, in writing, authorizing the recording of the surgical patient’s surgical procedure. If a surgical facility or surgical practitioner intends to use a recording as described under sub. (2) (e) 3., the surgical facility shall provide written notice of that proposed use to the surgical patient or other person authorized to request or consent to a recording under sub. (2) on behalf of the patient, and obtain written authorization of that use of the recording.
AB870,,3838(4) Equipment and technical assistance. A surgical facility shall have available appropriate recording equipment and technical assistance as determined by the department in rules promulgated under sub. (8) to comply with a request for a recording of a surgical patient’s surgical procedure or discharge instructions.
AB870,,3939(5) Minors. If a surgical patient is a minor child, a parent, guardian, or legal custodian may request that a recording be made of the minor child’s surgical procedure or discharge instructions under sub. (2) (a).
AB870,,4040(6) Exception for emergencies. (a) Notwithstanding sub. (2), a surgical facility is not required to provide the option of a video recording of a surgical procedure or comply with a request for video recording under this section if the surgical practitioner determines in the exercise of his or her professional judgment that either of the following is true:
AB870,,41411. Immediate surgery is necessary to avert death.
AB870,,42422. Other circumstances exist such that video recording would cause a delay that would create a serious risk of substantial and irreversible impairment of one or more of the surgical patient’s bodily functions.
AB870,,4343(b) The surgical practitioner or other health care provider at the surgical facility shall inform the surgical patient or, if applicable, other persons as described under sub. (2) (b) of the medical indications supporting the surgical practitioner’s reasonable medical judgment that an emergency condition under par. (a) exists.
AB870,,4444(c) If a surgical practitioner determines under par. (a) that an emergency exists such that the surgical facility is not required to comply with a request for video recording of a surgical procedure, the surgical facility shall provide the surgical patient or, if applicable, other person under sub. (2) (b), with the option to have the patient’s discharge instructions recorded as provided under sub. (2) (a) 3.
AB870,,4545(7) Extensions for facility compliance. The department may in its discretion grant a surgical facility one or more 6-month extensions of the deadline for the facility to comply with the requirements of this section, but may not grant more than a total of 6 extensions. In order to qualify for an extension, a surgical facility shall provide the department with evidence of a compelling need, financial or otherwise, for additional time for compliance.
AB870,,4646(8) Rules. (a) The department shall promulgate rules establishing standards for video recording of surgical procedures, recording of discharge instructions, and the use of recording equipment in surgery and discharge settings to ensure such recordings are professional and of sufficient quality to accurately portray what takes place when discharge instructions are given or during a surgical procedure, including who enters and leaves and a view of the patient without requiring close-up views of the patient or the surgical procedure itself.
AB870,,4747(b) In addition to the rules required under par. (a), the department may promulgate rules, as necessary, to implement and administer this section, including rules that address any of the following:
AB870,,48481. Establishing criteria and procedures for providing notice and the option for recording under sub. (2).
AB870,,49492. Implementing the requirements regarding preservation and destruction of recordings under sub. (9).
AB870,,50503. Establishing standards, procedures, and forms for advance requests for recording under sub. (12).
AB870,,51514. Implementing the forfeiture procedures under sub. (14).
AB870,,5252(9) Preservation and destruction. (a) After the video recording of a surgical procedure under this section is complete, the surgical facility shall promptly do all of the following:
AB870,,53531. Preserve the recording as part of the surgical patient’s health care record, which may include a copy in the patient’s health care record and any electronic backup of health care records kept in the normal course of business.
AB870,,54542. Preserve a separate additional electronic copy of the recording.
AB870,,55553. Except as provided under subds. 1. and 2., delete copies of the recording from the recording device or any other electronic device, including any memory card or flash drive.
AB870,,5656(b) The surgical facility shall preserve the copy of the recording in the surgical patient’s health care record, including any backup copy, as it would other records in the patient’s health care record as required by law. The surgical facility or its designee shall retain the additional copy required under par. (a) 2. for at least 7 years after the recording was first made.
AB870,,5757(10) Fees. A surgical facility may charge a surcharge of up to $25 for each recording made of a surgical procedure or discharge instructions to offset the costs of creating and providing a recording. The surgical facility shall provide, upon request by the surgical patient, a person authorized by the surgical patient under s. 146.81 (5), or a parent, guardian, or legal custodian of a minor surgical patient, one copy of each recording made under sub. (2) (a) 1. for which a request is made without additional charge. The surgical facility shall provide to the surgical patient, upon request by the surgical patient, one free copy of the discharge instructions for the surgical patient and up to one additional free copy of the discharge instructions for another person designated by the surgical patient. The surgical facility may charge fees as described under s. 146.83 (3f) (b) 3m. for additional copies of the recordings.
AB870,,5858(11) Admissibility of recording. For purposes of admissibility in a civil or criminal action or proceeding, a recording created under this section is a patient health care record under s. 146.81 and shall be treated as a health care record under ss. 908.03 (6m) and 909.02 (11). If certified by an appropriate record custodian, recordings under this section shall be admissible as evidence in any civil or criminal action or proceeding related to any alleged act or omission depicted in the recording.