The legality of recording a doctor during a visit varies by state, primarily divided into "one-party consent" and "all-party consent" jurisdictions. Here's an overview of the laws organized by state:
One-Party Consent States
In these states, only one person involved in the conversation needs to consent to the recording. This means that a patient can legally record a doctor's visit without the doctor's consent. The states following this rule include:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, Washington D.C.All-Party Consent States
In these states, all parties involved in the conversation must consent to the recording. This means that a patient must obtain the doctor's consent before recording the visit. The states with all-party consent laws are:
California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Washington
Legal and Ethical Considerations
Even in one-party consent states, healthcare providers may have policies that restrict recordings. Recording without consent in all-party states can lead to felony charges and legal consequences. Additionally, distributing recordings made without consent can further complicate legal repercussions, particularly if they harm the doctor's reputation.
Patients often record visits to help recall medical advice and share information with family members. While beneficial, this practice raises concerns among healthcare providers about privacy and potential misuse.
For more details, you can refer to resources from the Journal of the American Medical Association (JAMA) and Verywell Health.