Wednesday, 15 Aug 2018

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Patient Recordings of Visits May be Legal

The current issue of JAMA reviews the rising practice of patient recording of medical visits and their legality.

Unbeknownst to clinicians, some patients may be recording clinic visits, with or without permission. In a UK study, up to 15% of patients acknowledged they secretly recorded clinic visits.  

Such practices may serve a compliance and educational objective, as studies have shown that patient use of audio-recorded clinic-visit information was frequently used, shared and highly valued with greater understanding and recall of medical information.  

But there issues regarding ownership of such information and whether there are legal implications as well. 

This viewpoint review covers whether it is legal for patients to record encounters, whether wiretapping laws apply and whether such recordings are subject to HIPPA compliance standards.  

The simple answer is that it's complex and varies by state.

 

Disclosures: 
The author has no conflicts of interest to disclose related to this subject

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