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Patient audio recording illegal?

November 8, 2016
 
Question:

Hi Jennifer,

Recently 2 of my patients' daughters recorded my conversation with their mother without my knowledge. Only I found out at the end of the conversation. It is legal, don't they need to ask me permission to record it. I thought NYS, if you are recording the conversation we have to let other party's permission. 
Please clarify for me please. 
Thank you

Dr. W

Answer: 

Bad news here...NY Penal law requires only 1 party give consent to a recording. So, yes, you can be recorded without your consent.  Here is a link to the statute - http://ypdcrime.com/penal.law/article250.htm#p250.05.  

Now is a good time to remind - Its not just patients who may be recording - employees may record, or even government agents. Clients of ours have been in situations where government agents pose as patients presenting with drug seeking behavior, or otherwise to attempt to entrap. Conduct with care...

Recording consent is based on state law, so if you practice in a state other than NY, please be sure to check or request we check the consent requirements if you are interested. 

 

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