When a patient wants to record their office visit with your providers, the situation presents legal questions that you may not know how to answer. After all, having a recording of an office visit could set you up to malpractice accusations or even HIPAA violations. Your best bet is to have a solid patient recording policy in place to protect yourself and your patients.

Check out five critical tips to keep in mind as you create your practice’s patient recording policy.

1. Familiarize Yourself With Laws

 Before your practice decides whether to allow patient recording, first familiarize yourself with the local and state laws regarding audio and video recording where you practice. In some states, all parties must consent to being recorded, while in others, only one party needs to agree to it.

You should also speak with your malpractice carrier regarding recording policies and responsibilities in your state of practice. In addition, it can be helpful to speak with an attorney or compliance officer if you’re concerned about HIPAA violations or reputation damage resulting from recordings.

2. If Yes, Determine Who Can Record

 If, after investigating local laws and talking to your attorney and your compliance officer, you do decide to allow patient recording of visits, it’s time to move on to the next step. Work with your providers and back office team to decide who can record visits (patients, their families, etc.), and under what circumstances. Establish guidelines on whether you’ll allow audio-only, or video as well. Then, create the policy in writing and have your attorney review it.

3. If No, Post Restrictions

 If you choose not to allow recording, post a highly visible, easy-to-read sign at the practice entrance or check-in area that clearly states: “This office strictly prohibits electronic recording or videotaping of any kind in consideration of the privacy and confidentiality of the physician-patient relationship. We sincerely appreciate your compliance with our request.”

4. Get Your Patient Recording Policy Signed 

Once you have your recording policy in writing, make sure every patient receives and signs a copy of it. Include these with your new patient intake materials or distribute them to existing patients upon check-in. Be sure to scan and keep the electronic signed copy in the patient’s medical records.

5. Never Respond to Recorded Information Online

If you allow patient recording at your practice, keep in mind that patients may share those recordings online. If that happens, avoid responding to postings about the recording or comments about them in a public forum. This could put you at risk of HIPAA violations. By responding, you could be publicly confirming that someone is your patient. This could be a patient privacy violation.