Recording Telehealth Appointments

In 2025, telehealth is prevalent. As it has become more prevalent, practitioners have many questions about delivering high-quality healthcare while also protecting patient privacy. For instance, recording virtual medical appointments has potential benefits such as improved patient understanding and better documentation. One question that practitioners might have is whether recording virtual medical appointments is legally permissible or even advisable. Here is some guidance for healthcare providers about recording telehealth appointments.

Legal and Regulatory Considerations

According to the United States Department of Health and Human Services, telehealth appointments should not be recorded. Nevertheless, some physicians record appointments, and an increasing number of patients are recording their appointments without the knowledge or consent of the physician.

The big question is whether this is legal. Georgia’s wiretapping law follows a “one-party consent” rule when it comes to audio recordings. Under this law, it is illegal to secretly record a phone call or in-person conversation that takes place in a private setting unless at least one person involved in the conversation gives consent. You are legally allowed to record a conversation if you are a participant or if one of the participants has given you permission beforehand. Other states require all parties to consent to audio recordings, so for providers seeing patients across state lines, it is important to know the laws of all states in which they practice.

Even if it is legal to record the session, the telehealth provider is still bound by regulations, including HIPAA. HIPAA governs how healthcare providers handle protected health information (PHI), including any audio or video recordings of telehealth sessions. If a session is recorded and contains identifiable health information, it is considered part of the patient’s medical record and would be subject to HIPAA’s privacy and security rules. These recordings, like other forms of PHI, must be stored securely. Typically, they are integrated into the patient’s electronic health record (EHR) system, which is designed with built-in safeguards to ensure HIPAA compliance. These systems use encryption, access controls, and audit trails to protect sensitive data from unauthorized access or disclosure. HIPAA requires that patients be notified about how their PHI will be used or disclosed.

Reasons to Record Telehealth Appointments

There are several reasons that practitioners might want to record telehealth appointments.

Better Documentation

Recordings can serve as an additional layer of documentation that complements traditional written medical records, offering a more comprehensive and nuanced account of the interaction with the patient. While clinicians typically summarize key details in progress notes, these summaries may not capture the full context, tone, or specific wording used during the conversation. A recording, on the other hand, provides an exact account of what was said, which can be especially valuable in complex or sensitive cases.

Quality Control

Recordings can be reviewed as part of regular audits or peer review processes to ensure that providers are adhering to clinical guidelines, maintaining professionalism, and effectively communicating with patients. This type of oversight helps identify patterns, strengths, and areas where improvement may be needed—whether related to diagnostic accuracy, bedside manner, or clarity of explanations.

Improved Patient Understanding

Patients often struggle to fully absorb, retain, or comprehend the information discussed during medical appointments, especially in high-stress situations or when complex medical terminology is used. Research has shown that patients can struggle to remember a whopping 80% of what was discussed in the appointment. This can lead to misunderstandings about their diagnosis, medication instructions, follow-up care, or even the seriousness of their condition. Recording telehealth appointments can significantly improve patient understanding and recall. By having access to the complete audio or video record of their session, patients can revisit the conversation at their own pace, pausing and replaying as needed to process difficult concepts or ensure they heard everything correctly. 

Coordinating With Multiple Providers

In healthcare settings where patients are receiving long-term care or are being treated by multiple providers across different specialties, maintaining consistent and coordinated communication is critical, but often challenging. In these scenarios, recordings of telehealth appointments can serve as a powerful tool for ensuring continuity of care. While it is certainly possible for providers to check the notes from appointments, recordings can be superior. Other providers can hear exactly what was discussed in prior sessions, including clinical rationale, patient concerns, and specific instructions. This minimizes the risk of conflicting advice, duplicated assessments, or gaps in care.

Concerns Regarding Recording Telehealth Sessions

Despite the potential benefits, recording telehealth sessions also presents risks that must be carefully weighed. One concern is the possibility of privacy breaches. If recordings are not adequately secured, they could be accessed by unauthorized individuals or leaked accidentally, resulting in violations of HIPAA and compromising patient trust.

Another thing to consider is that, while the recordings could resolve disputes in the physician’s favor in medical malpractice suits, they could work the other way. A recorded session might capture statements or actions that could later be used against the provider in legal proceedings.

Additionally, the knowledge that a session is being recorded may cause some patients to feel uncomfortable or inhibited, especially when discussing sensitive or deeply personal health issues. This discomfort can stem from concerns about privacy or uncertainty about how the recording might be used or who might eventually view it. As a result, patients may be less forthcoming with critical details about their symptoms or concerns, all information that is often essential for accurate diagnosis and effective treatment planning. This reluctance to speak openly can diminish the quality of the appointment and negatively impact the provider’s ability to deliver quality care. 

Consult with a Telehealth Attorney

Recording telehealth appointments can significantly enhance patient care, promote transparency, and improve documentation. However, this practice must be approached with care, given the legal, ethical, and technological complexities involved. Involving a healthcare law attorney who understands the nuances of telehealth ensures that providers can take advantage of the benefits of recording while staying fully compliant with healthcare laws and regulations.