An increasing number of patients are recording their visits to the doctor on their smart-phones, oftentimes without even telling the doctor. Are such secretly recorded conversations legal? Under federal law, audio recording is permitted if at least one party to the conversation has given consent (even if that's the person doing the recording). Only a dozen states require that all parties in the conversation give permission (per www.bioethics.net). These states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
A ton of patient information exchanges hands daily: patient to doctor, doctor to patient, doctor to doctor, doctor to hospital, and so on. Much of this exchange is now by text messaging, as many doctors find it faster and more efficient than emails and phone calls. Unfortunately, doctors are often completely unaware of the legal pitfalls involved in text messaging and how to avoid them.
Topics: Dr. Ken's Corner, HIPAA-compliant encrypted solutions, hospital, HIPPA, Medical Economics, patient information, patient record, PHI, protected health information, SecureChat, SecureText, text messaging policy, text orders