May 26, 2011

 

Question:

Hi Jennifer,

I hired a website company where I am listed and when someone inquires about my service through the website and they call the office through their special number the call is recorded for training purposes and so if there is a dispute with the company in case it was not a legitimate call.

The question is do I need to let my staff know that their conversations may be recorded if someone from this particular site calls in? They will never know from the call where it's coming from so they will not know when they're being recorded....

Dr. S

Answer:

NYS requires that one party, either the "sender" or "receiver" (the person calling or the person answering) be advised that a call is being recorded and potentially overheard. So, the answer to the above depends on whether your practice will have that automated message for every call by a patient received that such call "may be recorded for quality assurance" or another reason you provide why each call may be recorded. If no such disclaimer is set forth for the patient, then the answer is yes, your staff should be advised.

The applicable statute relevant to this answer is NY Penal Law s. 250.00, which provides:

1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment....."

For assistance drafting a disclaimer for your practice contact me at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com. 

 

Copyright © 2011 by Kirschenbaum & Kirschenbaum, P.C.

All Rights Reserved. This email is provided for news and information purposes only and does not constitute legal advice or an invitation to an attorney-client relationship. While every effort has been made to ensure the accuracy of the information contained herein, Kirschenbaum & Kirschenbaum PC does not guarantee such accuracy and cannot be held liable for any errors in, any reliance upon this, or losses caused by the information. Under New York’s Code of Professional Responsibility, this material may constitute attorney advertising. Prior results do not guarantee a similar outcome.