Back then, 35% of Americans owned smartphones.
Furthermore, in 2016, there was a sharp rise in ownership among both older people and lower-income people.
Smartphones are everywhere, and their coverage is growing.
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In addition to making phone calls, smartphones can do lots of other things.
They can take photos, shoot video, play music, and get into the Internet.
They can also be used to record healthcare provider appointments without the knowledge of the practitioner.
Secretly recording clinical encounters may sound sneaky, but in 39 of 50 states, its legal.
Furthermore, research shows that recorded clinical encounters can beempoweringand educational for patients.
How Common Is It?
How Legal Is It?
Each state has its own wiretapping and eavesdropping statutes.
In other words, in these jurisdictions, if somebody wants to record another personincluding a clinical encounterits legal.
In these states, its a felony for a patient to record a healthcare provider without permission.
The clinician must then choose to continue or terminate the encounter.
In all-party jurisdictions, the clinicianmust be askedby the patient to record the clinical encounter.
Any illegal recording can then be reported by the clinician to the authorities.
What About HIPAA?
However, HIPAA doesnt extend to recordings made by the patient.
In other words, in single-party jurisdictions, the patient can distribute the recording as pleased.
For the most part, these recordings have been shown to improve patient recall and understanding of their conditions.
How Do Healthcare Providers Feel?
Especially at work, few people like to be recorded without their permission; healthcare providers are no different.
First, these practitioners may believe that they were denied the right to consent to recording.
Second, healthcare providers may feel vulnerable to scrutiny and distrustful of the patient.
Doing so may obviate any hard feelings, trepidation, or indignation on the part of the healthcare provider.
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Rodriguez M, Morrow J.Ethical implications of patients and families secretly recording conversations with physicians.JAMA.
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