Can You Record Your Doctor's Appointment?
Recording Consent Laws by State (2026)

The states that require everyone's consent — what you need to know

California

California's Penal Code § 632 is the strictest in the country. Recording a "confidential communication" without all parties' consent is a crime — first offense up to $2,500 per violation or a year in county jail, rising to $10,000 per violation for repeat offenses, plus civil damages of $5,000 per violation or three times actual damages. The exam room qualifies as a confidential setting. You must get your doctor's verbal consent before recording, and it's worth capturing that consent on the recording itself.

Florida

Under § 934.03, secret recording of an oral communication by a party without all other parties' consent is generally a third-degree felony — up to five years in prison. Florida has no blanket exception for participants. Get explicit verbal consent before the visit starts.

Illinois

The Illinois Eavesdropping Act (720 ILCS 5/14-2) was revised in 2014 after a previous version was struck down as unconstitutional. The current version requires all-party consent for private conversations. A doctor visit qualifies as a private conversation. Get verbal consent.

Maryland

Cts. & Jud. Proc. § 10-402 makes secret recording of oral communications a felony (up to five years). The privacy-expectation test applies, and an exam room consistently meets it. Verbal consent at the start of the visit is required.

Massachusetts

Massachusetts has one of the strictest statutes in the country. Gen. Laws ch. 272 § 99 prohibits "secret" recording of oral communications — a felony with up to five years in prison. The critical word is "secret": openly recording with the knowledge of the other party removes the prohibition. Announce that you are recording and the bar is lifted, but you must do so clearly before recording begins.

Montana

§ 45-8-213 prohibits recording using a "hidden electronic or mechanical device" without all parties' knowledge. The key word is "hidden" — a visible recorder or an announced recording satisfies the statute. A simple verbal announcement before recording begins resolves the issue.

New Hampshire

RSA 570-A:2 requires all-party consent. A knowing violation by a non-participant is a felony, reduced to a misdemeanor for a participant. Get verbal consent before recording.

Pennsylvania

18 Pa. Cons. Stat. § 5703 makes intercepting an "oral communication" — defined to include any private conversation where the speaker has a reasonable expectation of privacy — a third-degree felony up to seven years. Pennsylvania is consistently flagged as one of the strictest states. Verbal consent on the recording itself is the standard practice.

Washington State

RCW 9.73.030 requires consent of all parties to record a private conversation. However, § 9.73.030(3) provides that consent is satisfied by an announcement that is itself recorded at the start. So in Washington, you can record after announcing — you don't need a verbal "yes," but you must announce before you begin.

The special cases

Oregon — notice required, not veto

Oregon requires that all participants be "specifically informed" before a conversation is recorded (ORS § 165.540(1)(c)). This is a notice rule, not a consent rule: once informed, the other party may leave the room but cannot legally block you from recording. This was upheld 10-2 by the Ninth Circuit en banc on January 7, 2025, and the Supreme Court declined to hear the case in October 2025. Practically: announce clearly that you are recording before the visit starts, capture the announcement on the recording, and you have complied with Oregon law.

Connecticut — one-party in-person, all-party for phone

Connecticut's criminal wiretap statute (§ 53a-187/189) follows one-party consent for in-person conversations. The civil statute (§ 52-570d) imposes an all-party requirement for telephone calls. For an in-person doctor's visit, Connecticut is one-party. For a telehealth call, treat it as all-party.

Nevada — one-party in-person, all-party for phone

Nevada is one-party for in-person conversations (NRS 200.650) and all-party for phone and electronic communications (NRS 200.620). For a face-to-face appointment, no additional consent is needed. For a telehealth call from Nevada, all-party rules apply.

Michigan — participant exception to an otherwise all-party statute

Michigan's eavesdropping statute (MCL 750.539c) reads as all-party on its face, but since Sullivan v. Gray (1982), courts recognize that a "participant exception" means a person cannot eavesdrop on their own conversation. A federal court reaffirmed this in April 2026. A patient recording their own appointment is a participant, not an eavesdropper — so Michigan is functionally one-party for this purpose.

Delaware — genuinely contested

Two Delaware statutes conflict: § 1335 (privacy crimes, all-party) and § 2402 (wiretap, one-party). No Delaware state court has resolved the conflict as applied to in-person conversations. Given the criminal penalties, the conservative and correct approach is to treat Delaware as all-party until a court rules otherwise.

What about telehealth and phone calls?

The rules above apply to in-person conversations. For phone calls and telehealth visits, the standard advice is to apply the stricter of the two states' rules — the state you're in and the state your provider is in. Connecticut, Nevada, and Delaware impose stricter rules for phone conversations than for in-person ones. California, Florida, Pennsylvania, and the other all-party states apply their rules to phone calls as well.

What if my clinic has a no-recording policy?

Clinics and hospitals are private property. A facility can adopt a no-recording policy as a condition of service. Violating that policy isn't a crime, but the provider can decline to continue the appointment or refuse future service. HIPAA governs what providers do with health information — it doesn't restrict patients from recording their own visits. If a provider's policy prohibits recording, the practical options are to ask for an exception, see a different provider, or take thorough written notes instead.

The universal recommendation

Ask first, everywhere. Not because the law always requires it, but because it's honest, it's respectful, and it almost always works. Providers who know they're being recorded tend to be more deliberate and clear — which actually improves the quality of the recording and the summary you'll get from it.

"I have trouble remembering everything after appointments — is it okay if I record this so I can go back and review it?" Most providers say yes.

This article reflects law as of June 2026 and is general information, not legal advice. Recording laws change; verify current law in your state before relying on this guide, and consult a licensed attorney for advice about a specific situation.