State Policy Proposals

If you’re a resident of California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania or Washington, you can petition your state representatives to give patients the right to record.

Below are the specific proposed policy ammendments:

California Amendment

California Penal Code Section 632 subpart (e) is proposed to be amended as follows:

(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, if the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility, (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility, or (4) to any conversation between a patient and a licensed medical professional concerning that patient’s health.

Connecticut Amendment

Connecticut General Statutes Title 52, Civil Actions 52-570d(b) is proposed to be amended as follows:

The provisions of subsection (a) of this section shall not apply to…
(9) Any patient or caretaker thereof who records a conversation between the patient and a medical professional concerning that patient’s health.

Florida Amendment

Florida Title XLVII, Chapter 934.03 is proposed to be amended as follows:

(2)(l) It is lawful under this section and ss. 934.04-934.09 for a patient or caretaker thereof to intercept and record an oral communication if the patient or caregiver is a party to the communication and the conversation is with a medical professional concerning the patient’s health.

Illinois Amendment

Possibly moot due to People v. Melongo (2014).
Illinois 720 ILCS 5/14-3 is proposed to be amended as follows:

Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(s) Recording of a conversation between a patient or caretaker thereof with a medical professional when discussing the patient’s health, when the recording is initiated by the patient or caretaker thereof.

Maryland Amendment

Md. Code Ann., Cts. & Jud. Proc. § 10-402(c) is proposed to be amended as follows:

(11)  It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication, and the communication is between a patient or caretaker thereof and a medical professional, and the conversation concerns the patient’s health.

Massachusetts Amendment

Mass. General Laws, Part IV, Title I, Chapter 272, Section 99 is proposed to be amended as follows:

D. Exemptions
1. Permitted interception of wire or oral communications.
It shall not be a violation of this section—
g. For a patient or caretaker thereof to record a conversation with a medical professional concerning that patient’s health.

Montana Amendment

Mont. Code Ann. § 45-8-213 is proposed to be amended as follows:

(2) (a) Subsection (1)(c) does not apply to:
(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;
(ii) persons speaking at public meetings;
(iii) persons given warning of the transcription or recording. If one person provides the warning, either party may record.
(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.
(v) a patient or caretaker thereof if the recording is of a communication made between the patient and a medical professional concerning that patient’s health.

New Hampshire Amendment

N.H. Rev. Stat. Ann. § 570-A:2 is proposed to be amended as follows:

II. It shall not be unlawful under this chapter for:
(n) a patient or caretaker thereof to make an audio recording provided they are a party to a communication between the patient and a medical professional concerning that patient’s health.

Oregon Amendment

Or. Rev. Stat. Ann § 165.540 is proposed to be amended as follows:

(6) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings:
or (d) A communication between a patient and a medical professional concerning that patient’s health, where the party recording is either the patient or caretaker thereof, with the patient’s knowledge.

Pennsylvania Amendment

18 Pa. Cons. Stat. Ann. § 5704 is proposed to be amended as follows:

§ 5704.  Exceptions to prohibition of interception and disclosure of communications.
It shall not be unlawful and no prior court approval shall be required under this chapter for:
(19) a patient or caretaker thereof to make an audio recording provided they are a party to a communication between the patient and a medical professional concerning that patient’s health.

Washington Amendment

RCW 9.73 is proposed to be amended as follows:

RCW 9.73.115 Intercepting, recording, or disclosing private communications—Not unlawful for patient—Conditions.
It shall not be unlawful for a patient or the agent of such person, to intercept, record, or disclose communications or conversations which occur with a licensed medical professional concerning the health of said patient, provided the patient is a party to the communication.

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