Assembly Bill 988 mandates that surgical facilities, including hospitals and ambulatory surgical centers, must offer patients the option to have their surgical procedures recorded on video, along with the recording of discharge instructions. The bill outlines specific requirements for these recordings, including continuous audio and video coverage from the preparation stage through to the cleanup after the procedure. It also stipulates that if a patient is incapacitated or a minor, a designated person such as a guardian or parent must be notified of this option. The bill allows for a surcharge of up to $25 for each recording, while also ensuring that patients can receive one free copy of their recording and up to two free copies of their discharge instructions.

Additionally, the bill establishes penalties for healthcare providers who refuse to comply with recording requests, with fines of up to $25,000 for violations. It also includes provisions for the Department of Health Services to create rules regarding the recording equipment and procedures. Importantly, the bill protects the confidentiality of the recordings, treating them as patient health care records, and restricts their disclosure to authorized individuals unless confidentiality is waived. In emergency situations, the requirement for recording may be waived if the surgical practitioner determines that recording would pose a risk to the patient's health.