Senate orders third reading of bill allowing telehealth visits to be recorded with consent

The Vermont Senate on April 1 advanced H84, a bill that would permit telehealth and audio‑only health appointments to be recorded when both the patient and provider consent. Senator Gulick, reporting for the Committee on Health and Welfare, said the measure would allow providers to use recordings to produce summaries and reduce the burden of manual note‑taking.

Gulick told colleagues the bill adds a single line to the chapters governing telemedicine and audio‑only services to allow recording "unless both the patient and the provider consent to the recording." She cited committee testimony and a committee vote in favor and said the bill leaves most clinical‑record rules unchanged. "This is the rare bill that came to our committee and left in the same exact form as it came to us," Gulick said.

Gulick said the change responds to clinician burnout tied to electronic health records. "According to the Vermont Medical Society, 57% of practitioners say the EHR ... is a top source of burnout," she said, arguing that recorded visits could produce summaries that clinicians then review and finalize.

During floor questioning, a senator identified as the senator from Chittenden Central asked whether recordings could be used for purposes beyond note‑taking. The presenter answered, "Yes, it could be used for other purposes." The senator also asked how long recordings could be stored; the presenter said retention is not specified in statute and cited a best practice example, noting times such as "three months after a patient's death or 10 years after the patient has seen a practitioner." The presenter said there was "no testimony" taken on whether recordings would be subpoenaable in court cases.

Senator Gulick listed witnesses who appeared before the committee: legislative counsel; Daisy Bbecco; Amy Johnson of Vermont Care Partners; Devin Green of the Vermont Association of Hospitals and Health Systems; Anne Morris, associate dean of primary care at the Larner College of Medicine at the University of Vermont; and Jessa Barter of the Vermont Medical Society.

After the report and questions, the presiding officer called the question and the Senate ordered third reading of H84. The bill's effective date, if enacted, was not specified on the floor; Gulick said the committee voted in favor and asked the chamber to concur.

Next steps: H84 was ordered for third reading by the Senate; no floor amendment or final passage was recorded in this transcript segment.