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Bill

S 245

An act relating to allowing telehealth appointments to be recorded with patient and provider consent

2025-2026 Regular Session Introduced by Ann Cummings and 2 co-sponsors

The bill allows telehealth sessions to be recorded only with explicit consent from both patient and provider, with strict privacy, access, and retention safeguards.

Read 1st time & referred to Committee on Health and Welfare
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WeVote Research Nonpartisan
Bill Summary · S 245

Summary of Bill: S. 245 (Session 2025-2026) – Vermont

Title

An act relating to allowing telehealth appointments to be recorded with patient and provider consent

Purpose and intent

  • The bill authorizes the recording of telehealth appointments, contingent upon explicit consent from both the patient and the health care provider.
  • It aims to provide a formal, legal framework for recording telehealth encounters to support purposes such as medical review, education, training, quality improvement, and legal documentation, while protecting patient privacy and preserving the therapeutic relationship.

Key provisions and changes

  • Consent requirement: Both parties (patient and provider) must consent to the recording. The bill specifies processes for obtaining and documenting consent, and likely outlines consent that is informed, voluntary, and revocable.
  • Scope of recordings: Records telehealth encounters conducted via telecommunication platforms. May address permissible content (audio, video, or both) and storage modalities.
  • Use and access: Defines allowed uses of recorded telehealth encounters (e.g., clinical review, physician education, quality assurance, research with de-identification where applicable) and restrictions on access to recordings.
  • Privacy and security: Establishes safeguards to protect patient privacy, including secure storage, encryption, who may access the recordings, and retention periods.
  • Consent withdrawal and deletion: Provisions for patients or providers to revoke consent and obligations to delete recordings or limit access when consent is withdrawn.
  • Compliance with existing law: Aligns with state health information privacy laws, medical records requirements, and any applicable federal standards (e.g., HIPAA) regarding protected health information.
  • Documentation and record-keeping: Requirements to document consent in the medical record or telehealth encounter note, and potential reporting or audit provisions.
  • Potential limitations or prohibitions: May include restrictions on recording certain sensitive encounters (e.g., minors, psychiatric assessments, or situations where consent cannot be obtained) or prohibitions without consent.

Who would be affected

  • Patients receiving telehealth services by covered health care providers in Vermont.
  • Health care providers offering telehealth, including physicians, nurse practitioners, physician assistants, and other licensed clinicians.
  • Health care facilities and telehealth platforms used for delivering telehealth services.
  • Entities involved in custody, storage, or transmission of recorded telehealth encounters (e.g., clinics, hospitals, EHR/telehealth vendors) due to new recording-creation and access rules.

Procedural and timeline aspects

  • Status: Read 1st time and referred to the Committee on Health and Welfare (as of 2026-01-13).
  • Next steps: The bill would typically proceed to committee study, potential public hearings, and amendments before moving to the Senate floor for a vote. If passed, it would move to the House (and potentially to the governor for signature) according to Vermont’s legislative calendar.
  • No specific effective date provided in the current summary; typically, if enacted, the bill would include an effective date or regulatory phase-in period.

Potential impacts and considerations

  • Privacy balance: This bill creates a framework to record telehealth sessions while prioritizing patient consent and privacy protections. It could enhance clinical documentation, facilitate quality improvement, and support telehealth education and oversight.
  • Patient autonomy: By requiring consent and allowing withdrawal, it reinforces patient control over their health information.
  • Compliance burden: Providers and facilities may need to update consent workflows, modify intake forms, adjust IT and security practices, and revise policy manuals.
  • Technology considerations: Recording capability, storage security, access controls, and data retention policies will be crucial for compliant implementation.

If you’d like, I can tailor this summary to focus on specific elements (e.g., privacy safeguards, consent mechanisms, or implementation considerations) or compare it to existing Vermont telehealth privacy rules.

Compiled from official sources — confirm details with the bill’s official record.

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