FAQs for Recording Consent

Sidekick: 

FAQs for Recording Consent

TABLE OF CONTENTS

• How can we comply with call recording regulations? 
• How should I explain to my patients why they are being asked to sign the two-party consent for recording?
• What should the consent page look like?
• Do we need to ask the patient before each visit if we plan to record, even after they’ve signed the consent form?
• What if a patient does not consent to being recorded? 

At the time this guide was published, the information below was accurate. Since states are regularly updating consent policies, we recommend checking this list against your state’s current regulations to ensure you are working with the most up to date information. 

How can we comply with call recording regulations? 

Recording laws vary state to state. Some states allow recording when one of the parties is aware of the recording (one party consent states), while others require two-party consent. We recommend researching your specific state’s requirements  or discussing with legal counsel to ensure you are adhering with all requirements.

Below is a list of states and their consent requirements for recording visits:

One Party Consent Policy States:

Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

Two Party Consent Policy States: 

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

How should I explain to my patients why they are being asked to sign the two-party consent for recording?

It can be helpful to outline the key benefits of Sidekick when discussing why you are asking for their consent. 

1. It allows the therapist to spend more time directly with the patient, focusing on care rather than documentation.

2. It ensures greater accuracy in documentation from both a content and compliance perspective, which leads to better care.

3. In the long term, it helps therapists dedicate more time to critical thinking and patient care instead of administrative tasks like documenting. 

The goal of using Sidekick during patient visits is to improve the overall quality and efficiency of their care. 

What should the consent page look like?

Here is an example of a consent form. We strongly recommend you consult with your legal counsel to ensure that you are adhering to all requirements for consent as outlined by the state you are practicing in.  

Do we need to ask the patient before each visit if we plan to record, even after they’ve signed the consent form?

No, once the patient signs the two-party consent, the clinician does not need to obtain verbal confirmation before each visit. However, some clinicians choose to mention that they are using an AI scribe to avoid any confusion when they start speaking to their computer during the session.

What if a patient does not consent to being recorded? 

We have multiple audio modes that make it possible to still use Sidekick to help with documentation efficiency if a patient does not consent to being recorded.  You can use the both audio modes of sidekick to dictate the visit after you are with your patient to still save time with documenting.  If the patient has any specific concerns, feel free to reach out to support@predictionhealth.com and we’d be happy to help answer any questions they might have.