Recording physician visits

I went to my doctor’s last week for a check-up. Waiting, I noticed information placards on the wall. One read “No Audio or Video Recordings Allowed” and it cited Federal Law (HIPAA Rules) and Kootenai Health policy.

HIPAA does not prohibit recording clinic visits because patients are not a “covered entity” like a physician would be, and so they are not bound by HIPAA. Americans are so accustomed to being told what they cannot do, or what they are allowed to act on or talk about because of HIPAA, that seeing a notice like this is routine and acceptable to them.

Also, there are state laws that govern recordings. Idaho is a single-party jurisdiction state, along with most of the United States. This means if somebody wants to record another person, including a clinical encounter, it’s legal.

Before I retired as an RN, I counseled my patients to make use of their smartphones and record their clinic visits. Research shows that patients put a high value on recordings made of clinical encounters. On average, 72% of patients listen to recorded consultations after their visits. Part of patient safety is empowering patients by educating them about their conditions, treatments and medications. Recording improves their recall. Most providers, when surveyed, welcome the use of clinic recordings because the entire visit, including any treatment plan, is available to the patient after the visit. They may then listen to it with a family member or another person at any time.

With the advent of the electronic medical record, after-visit summaries are now given to every patient. Patients must review this template-driven document for mistakes that can occur. They might not fully comprehend what took place during the visit or understand the care instructions. Worse, they may feel the form is a cookie-cutter, and not pay attention to it at all.

Recording a clinic visit promotes patient safety. It empowers patients to have control over their care. It increases comprehension and willingness to comply with provider care plans. All current research points to advantages of recording.

Kootenai Health's Mission Statement says, “We improve health one patient at a time in a friendly and professional culture committed to superior quality and safety.”

Prohibiting clinic recordings does not promote patient safety. It shows corporate concern over liability and money. Talk to your doctor and tell them how you feel about this restriction that prohibits participation in your care.

• • •

Michele Martin is a resident of Worley.