Cameras in my waiting room allowed?

Question:

Jennifer,

Are there any state regulations about having security camera in the waiting room of my office?

Thanks,
Dr. R

Answer:

NYS allows cameras anywhere where an individual does not have an expectation of privacy - so your waiting area, presumably, is absolutely appropriate for cameras, as is monitoring your front desk, hallways and even offices or treatment rooms (unless you foreseeably have patients changing there).  Bathroom stalls or in changing areas would be inappropriate and not authorized. 

Most other states follow the above rule, but each state has slight variations.  For instance, in NY, we are a 1 party consent for audio - meaning at least one party to a two party conversation must consent to being recorded - so you are not authorized to capture audio in your waiting room because you could foreseeably capture a conversation where the participants are not aware they are being recorded.  Posting a sign in the area stating you are recording audio may not be enough to save you from potential exposure with audio because audio recording in violation of NYS statute is a criminal violation - amounting to a potential Class E felony (Mechanical Overhearing - Eavesdropping - NY CLS Penal § 250.00).

Healthcare Newsletter, Provided by: Jennifer Kirschenbaum, Esq.

516 747-6700 x. 302, Jennifer@Kirschenbaumesq.com

Kirschenbaum & Kirschenbaum, P.C.