Is It Legal to Use a Digital Scribe in My State?
- stevekrozer
- Jul 22, 2025
- 4 min read
Understanding Privacy Laws, HIPAA, and Digital Scribe Compliance
If you’re a clinician, you’ve likely heard about digital scribes—tools that record your conversations with patients and turn them into chart notes. The benefits are clear: less time charting, better documentation, more presence during the session.
But if you're feeling skeptical, you’re not alone. Many providers ask:
Can I legally record patient conversations?
What about HIPAA?
Do I need to get consent from every patient?
Is it different from state to state?
This blog is here to give you clear answers. We'll cover:
✅ What federal law and HIPAA say about recording
✅ One-party vs. two-party consent by state
✅ How tools like Kenzie are built to keep you compliant
✅ Scripts, checklists, and policies to use in your practice
Let’s break it down together:
📜 What the Law Says at the Federal Level
At the federal level, the Electronic Communications Privacy Act (ECPA) allows one-party consent. That means if you’re part of the conversation, you can record it—even without the other person knowing.
But here’s the catch: state laws override federal law if they are more strict. That’s where the one-party vs. two-party consent issue comes in.
Also important: if your recording includes protected health information (PHI)—diagnoses, symptoms, medications—then HIPAA applies. HIPAA doesn’t ban recording, but it does require you to:
Get consent if recording PHI
Secure the recordings with encryption and access controls
Allow patients to request access or deletion
Kenzie checks all those boxes. Let’s look closer at the state breakdown:
🗺️ One-Party vs. Two-Party Consent — By State
One-party consent means only one person in the conversation (you, the clinician) needs to know about the recording.
Two-party (or all-party) consent means everyone involved must give permission before you can legally record.
🟢 One-Party States
These states follow the federal one-party rule:
Alabama, Alaska, Arizona, Arkansas, Colorado, D.C., 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, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
In these states, you can use Kenzie legally as long as you, the provider, are aware and part of the conversation.
Still, we recommend informing the patient anyway to build trust and stay transparent.
🔴 Two-Party (All-Party) Consent States
These states require consent from everyone in the room—patient, spouse, student observer, etc.
California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon (in-person only), Pennsylvania, Washington
If you're in one of these states, you'll need explicit consent before recording a session—even if it’s just for documentation.
🖥️ What About Telehealth?
Some states (like Connecticut and Oregon) make a distinction between in-person vs. electronic communication.
State | Telehealth | In-Person |
California | Two-party | Two-party |
Connecticut | Two-party | One-party |
Oregon | One-party | Two-party |
Illinois | One-party | Two-party |
Nevada | Two-party | One-party |
Michigan | One-party (varies) | One-party (varies) |
Kenzie is designed to default to the stricter rule automatically—so you don’t have to worry about the tech making a mistake.
🔐 How Kenzie Helps You Stay Compliant
Kenzie isn’t just another audio recorder. It’s a HIPAA-compliant digital scribe platform built with legal compliance at its core.
Maintaining trust, integrity, and security is our priority. We have implemented enterprise-grade encryption and security protocols ensure patient confidentiality and regulatory compliance.
We are HIPAA compliant. A free BAA is included in every plan.
PHI that is stored in our system is fully encrypted.
Here’s how:
✅ Consent Features
Consent reminder before each session (when applicable)
Option to collect verbal or written consent
Automatic disabling if consent is not given
✅ Security
End-to-end encryption
Role-based access
Full audit logs
✅ HIPAA Coverage
Patients can request access to recordings
Recordings stored in secure, U.S.-based servers
Meets all administrative, physical, and technical safeguard requirements
📄 Sample Consent Language
Here are examples you can use in your practice:
Verbal Script
"Before we begin, I’d like to let you know this session may be recorded using a HIPAA-compliant scribe tool, Kenzie. This helps me focus more on you and ensure documentation accuracy. The recording is securely stored and only used for charting. Do I have your permission to record this session?"
Written Form (for intake packet)
I consent to the audio recording of my clinical visits using Kenzie, a HIPAA-compliant documentation assistant. Recordings are securely stored and only accessed by authorized clinical staff. I understand I may opt out at any time.
✅ Clinic-Ready Compliance Checklist
Want to roll this out in your clinic? Here’s what to do:
Verify your state’s consent law (use the table above)
Add a consent form to your intake packet
Use Kenzie’s verbal script at the start of each visit
Train your staff to document consent
Set patient expectations in your welcome email or website
🤝 Final Thoughts
Using a digital scribe doesn’t have to be risky or confusing. Kenzie is built to:
Respect your patients
Protect your license
Save your time
When in doubt, always ask for consent—even in one-party states. It’s good medicine, good ethics, and good business.
If you're still unsure, our team is happy to walk you through your specific state law and help you get set up.
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