Signed by Governor Jerry Brown, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits unauthorized disclosure of confidential conversations between a healthcare provider and patient.

Highlights:

• Prohibits an individual from disclosing or distributing the contents of a confidential communication with a healthcare provider on “social media” (Sec. 2).

• Defines “social media” as an electronic service or account, or electronic content, including, but not limited to the following services (Sec. 2):

• Videos, blogs, & video blogs;

• Instant and text messages, including still photographs;

• Email and podcasts; and

• Online services and internet web site locations and profiles.

• Establishes the following penalties for a violation of the provisions of this bill (Sec. 2):

• For a first violation, a fine of up to $2,500 and/or imprisonment in a county jail or state prison for up to 1 year; and

• For a subsequent violation, a fine of up to $10,000 and/or imprisonment in a county jail or state prison for up to 1 year.

• Specifies that an individual who has been injured by a violation of this bill will be able to receive the greater of the following amounts from the individual who violated the provisions of this bill (Sec. 2):

• $5,000 per violation; or

• 3 times the amount of actual damages, if any, sustained by the injured individual.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits eavesdropping on confidential conversations between a healthcare provider and patient.

Highlights:

• Prohibits an individual from disclosing or distributing the contents of a confidential communication with a healthcare provider on “social media” (Sec. 2).

• Defines “social media” as an electronic service or account, or electronic content, including, but not limited to the following services (Sec. 2):

• Videos, blogs, & video blogs;

• Instant and text messages, including still photographs;

• Email and podcasts; and

• Online services and internet web site locations and profiles.

• Establishes the following penalties for a violation of the provisions of this bill (Sec. 2):

• For a first violation, a fine of up to $2,500 and/or imprisonment in a county jail or state prison for up to 1 year; and

• For a subsequent violation, a fine of up to $10,000 and/or imprisonment in a county jail or state prison for up to 1 year.

• Specifies that an individual who has been injured by a violation of this bill will be able to receive the greater of the following amounts from the individual who violated the provisions of this bill (Sec. 2):

• $5,000 per violation; or

• 3 times the amount of actual damages, if any, sustained by the injured individual.

Full Bill Text