Would I be in violation to hippa if I audio recorded all patient interactions in a chiropractors office as an employee.

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Would I be in violation to hippa if I audio recorded all patient interactions in a chiropractors office as an employee.

Asked by chiropractors to record all patient
interactions it be medical records nutrition and
financial info without patient consent.

Asked on April 30, 2019 under Malpractice Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are a participant in the conversation, you can record the conversations, since your state (NC) is a "one-party consent" state, which means that so long as one participant in the conversation (e.g. you) is aware of and consents to the recording, it is legal. But if you record anything where you are not part of the conversation, that is illegal, since a non-participant may not record other persons's conversations without their consent. It would be a violation of the wire tapping laws, which apply to all recordings of conversations, not just those which are the result of wire tapping.
HIPPA would not be violated so long as the conversation kept with (and kept as secure/confidential as) the patient's other medical records.


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