Phoenix, AZ asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah

Q: Can I record a teleheatlth appointment?

Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and remember better. And I did.

As far as I know, Utah is a one party consent state and I did the recording in my own home (since the appointment was over teleheath video chat on a laptop). I also haven't posted the audio anywhere or shared it with anyone but I have shared the transcript I made from it (after I changed names) with my own personal therapist.

Another therapist that works with this home therapist is claiming what I did was illegal. But I don't see how. It shouldn't have violated HIPAA as I'm using it for personal use, and I was under the impression you have the right to record in your own home. Any clarification would be greatly appreciated.

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not clear, you have not used the recording for any nefarious purposes, do it is highly unlikely anyone is going to be concerned about the recording even if it is not technically legal. If possible, you should always get permission for recordings of a similar nature. I know this would be sensitive in a therapy wrong and may violate the rules of conduct the therapist practices under. It would seem, however, that you're disability should allow you reasonable accommodation.

Regardless, I would not share the therapist's concern.

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