WI AB988

Surgical facilities must offer patients the option to have their surgical procedures video recorded with continuous color video and audio, from preparation through cleanup, including preoperative communications and surgical time-outs

Recordings are treated as patient health care records with strict confidentiality protections; patients may only disclose to health care providers, immediate family, authorized persons, or attorneys unless the surgical practitioner waives confidentiality

Facilities may charge up to $25 per recording, must retain a separate copy for at least 7 years, and must provide one free copy to patients upon request

Patients age 18+ may execute an advance request to have all future surgical procedures recorded; parents, guardians, or authorized persons may request recording for minors or incapacitated patients

Health care providers who knowingly refuse recording requests or facilities that fail to provide required notice face forfeitures up to $25,000 per violation; unauthorized disclosure by patients carries fines up to $3,000, and extortion using recordings is a Class I felony