Behind clinic doors: a history of covert recording legislation and implications for clinical practice

Access to mobile recording devices and the prevalence of telehealth encounters have increased dramatically in recent years. These circumstances create opportunities for patients to record their clinical encounters, and some states do not require permission from the physician to do so. State laws that define requirements to record conversations vary significantly, and clinicians may be unaware of their own states' policies. Furthermore, institutions may not have official guidelines addressing recording procedures in the clinical setting. Although research suggests that there are opportunities for consensual recordings to benefit healthcare delivery, covert recording of clinicians without their knowledge or consent has received less attention. This review explores the legislation governing recording laws, describes several cases involving recorded healthcare information, and reviews studies examining the risks and benefits of recording encounters. Finally, practical recommendations for healthcare providers and institutions are addressed, acknowledging the need for proactive transparency, trust, and therapeutic alliance in a rapidly changing healthcare landscape.