Policy No.: ADM-005  ·  Effective Date: June 23, 2026  ·  Review Date: June 23, 2027

1.  PURPOSE

Bespoke Aesthetic Plastic Surgery is committed to protecting the privacy, dignity, and confidentiality of our patients, staff, and providers in all interactions — whether in our office, in procedure rooms, or via telephone. This policy establishes clear expectations regarding unauthorized recording of consultations, appointments, phone calls, and all other practice communications.

2.  SCOPE

This policy applies to all patients, patient representatives, and visitors; all in-office and telephone interactions including consultations, pre- and post-operative visits, and all clinical or administrative encounters; and all virtual or telehealth appointments.

3.  LEGAL FRAMEWORK

Maryland is an all-party consent state under the Maryland Wiretapping and Electronic Surveillance Act (Md. Code Ann., Cts. & Jud. Proc. §§ 10-401 et seq.). All parties to a conversation must consent before any recording may lawfully take place. Unauthorized recording is a criminal offense and may give rise to civil liability. Recordings capturing patient conversations or identifiable health data without authorization may also constitute a HIPAA violation.

4.  PRACTICE POLICY

4.1  Prohibition on Unauthorized Recording

Patients, guests, and visitors are strictly prohibited from making any audio, video, or photographic recording of staff, providers, or other patients without prior express written consent of all parties. This applies to all consultations, pre- and post-operative visits, administrative interactions, telephone calls, and all areas of the practice.

4.2  Telephone Calls

Bespoke Aesthetic Plastic Surgery does not consent to being recorded during telephone calls unless prior written authorization has been obtained. Patients who indicate intent to record will be asked to refrain or arrange an alternative means of communication. The practice may record calls for quality assurance with appropriate notice.

4.3  Provider-Authorized Recording

Patients wishing to record a consultation for personal medical reference may request permission in advance. Any such recording requires a written request, written authorization signed by Nadya Clarke, MD, and agreement that the recording is for personal use only and will not be posted, shared, or published without the practice's written consent. The practice reserves the right to decline any recording request.

4.4  Transcription — Manual, Software, and AI-Assisted

The prohibition on unauthorized recording extends to any transcription that involves, is derived from, or is produced simultaneously with an audio or video recording. Patients may not use any tool or application — including but not limited to AI-assisted transcription services such as Otter.ai, Google Live Transcribe, or similar platforms — to record and transcribe any consultation, appointment, or telephone call without the prior express written consent of all parties and written authorization from Nadya Clarke, MD. Such tools constitute a form of recording under Maryland law and are subject to the all-party consent requirement of the Maryland Wiretapping and Electronic Surveillance Act (Md. Code Ann., Cts. & Jud. Proc. §§ 10-401 et seq.).

Separately and independently, any transcription — whether derived from a recording or created through live manual note-taking — that captures protected health information (PHI) discussed during a clinical encounter is subject to HIPAA privacy protections. Unauthorized creation, retention, or disclosure of such transcripts may constitute a HIPAA violation regardless of whether the Maryland Wiretap Act applies.

4.5  Social Media and Online Posting

No patient or visitor may post photographs, videos, recordings, or transcripts of Bespoke staff, providers, or other patients to social media or any public platform without the express written consent of all individuals depicted and written approval of the practice.

 

5.  CONSEQUENCES OF UNAUTHORIZED RECORDING OR TRANSCRIPTION

Patients found to be recording without consent will be subject to:

• Immediate termination of the current appointment or phone call

• Requirement to delete the recording in the presence of a staff member

• Documentation of the incident in the patient's medical record

• Potential discharge from the practice

• Referral to legal counsel if the recording is posted publicly or used in a defamatory or harassing manner

The practice reserves the right to pursue all available legal remedies, including civil action, for violations of this policy or applicable law.

6.  PATIENT NOTIFICATION

This policy will be communicated through: visible notice in the waiting area and at the front desk; posting in exam rooms; posting on the practice website; and verbal notice by staff when relevant.

7.  STAFF RESPONSIBILITIES

All Bespoke team members are expected to familiarize themselves with this policy upon hire and at each annual review; courteously advise patients if recording is observed or suspected; immediately notify Nadya Clarke, MD if a patient refuses to cease recording or if an incident escalates; and document any recording incidents in the relevant patient encounter note.

8.  EXCEPTIONS

Authorized exceptions include: (a) recordings by law enforcement with proper legal authority; (b) recordings expressly authorized in writing by the physician for patient education or telemedicine; and (c) recordings made by the practice for quality assurance or training with appropriate notice.

9.  POLICY REVIEW AND REVISIONS

This policy will be reviewed annually and updated as needed to reflect changes in Maryland law, federal regulations, or practice operations.

 

Policy Approved By:

 

Nadya Clarke, MD

Founder & Medical Director, Bespoke Aesthetic Plastic Surgery

Date: ________06/23/26___________________