House orders third reading for bill to allow telehealth recordings with consent

The Vermont House on Friday ordered third reading for H.84, a bill that allows telehealth appointments to be recorded when both the patient and the provider agree.

The Member from Winooski, speaking for the House Health Care Committee, said H.84 "does not require recording. It does not permit any secret recording or mandate it," and that existing state and federal privacy protections remain intact. The presenter described the change as a short, half‑page bill intended to align statute with telehealth practices that became common during the COVID‑19 pandemic and to support clinical supervision and workforce needs.

Under the bill text explained on the floor, Section 1 adds a consent requirement to existing statutes on telemedicine recording and store‑and‑forward technologies; Section 2 applies the same language to audio‑only telephone consultations. The presenter said recording remains strictly voluntary on both sides so a patient cannot compel a provider to record a visit and a provider cannot require recording as a condition of care.

Floor discussion included a question from the Member from Franklin asking whether a patient is able to record a visit; the presenter replied yes, provided both patient and provider consent. Committee testimony on H.84 included the deputy chief counsel (Office of Legislative Counsel), the chief health care advocate at Vermont Legal Aid, clinical representatives from Washington County Mental Health Services and Northeast Kingdom Human Services, and the chief health information officer at UVM Health. The committee reported the bill favorably with a 10‑0‑1 vote.

The House ordered the bill read a third time; final floor passage, if taken, will be recorded on a subsequent calendar day.