Q.

We are in the process of replacing our telephone system equipment. The system we are considering allows us to push a button and record conversations. This would be used at our access center/emergency line. We need to know the legalities regarding recording clients'  conversations.
 

A.

As you may know, there are federal and state laws prohibiting the interception of electronic communications without the permission of both parties to the conversation.  There are some exceptions for law enforcement officials which would not be applicable in your situation.

From a risk management perspective, I believe that recording conversations would be quite risky. You have many people on your staff with substantial differences in education, training and experience.  Most community mental health centers also have substantial staff turnover. There are many varied situations in which the opportunity to record conversations might arise. Under these circumstances I believe that it would be difficult to always ensure compliance with the laws requiring permission of both parties to intercept communications. It would be equally difficult to ensure that in every instance staff provide appropriate documentation of the permission to intercept the communication.