Recording laws · Arizona

Can You Record Your Doctor Appointment in Arizona?

Last reviewed

Yes. Arizona lets a person who is part of a conversation record it, so you can record your own doctor visit without the clinician's permission.

In-person visit
One-party consentYour consent is enough
Phone or telehealth visit
One-party consentYour consent is enough

Main law: A.R.S. § 13-3005

Recording an in-person visit

Arizona makes it a felony to intercept a conversation you are not present for without a party's consent. A separate exemption allows recording "with the consent of a party to the communication or a person who is present during the communication." As a patient in the exam room, your own consent is enough, and you do not need to tell the clinician. Arizona has no special recording rule for medical offices.

Phone and telehealth visits

For phone and video calls, Arizona's law only reaches people who are not a party to the call, and the consent exemption covers you as a participant. Federal law also lets a participant record. If your clinician is in a state that requires everyone's consent, such as California, that state's law may also apply, so asking first is the safest choice.

When you and your clinician are in different states, for example on a phone or video visit, there is no single national rule for which state's law applies. Courts decide case by case, and they have not all agreed. California's highest court applied California's stricter rule to calls recorded in Georgia with people in California, while a Pennsylvania court declined to apply Pennsylvania's stricter rule to a call recorded in New York. The safest choice is to follow the stricter state's rule: tell everyone you are recording and get their OK.

Things to know

  • Video is different from audio. Arizona makes it a felony to record someone who is undressing or nude in a private setting without consent (A.R.S. § 13-3019), so keep any video focused on the conversation.
  • In 2024 a bill (HB 2038) would have required notice to everyone before recording calls. It did not pass.
  • Do not leave your phone recording in the room after you step out. Once you are not part of the conversation, recording it could count as illegal eavesdropping.
  • Clinics may have their own recording policies and may ask you to stop, even where recording is legal.

What happens if you break the law

Unlawful interception is a class 5 felony (A.R.S. § 13-3005). A person whose communication is unlawfully intercepted can sue for the greatest of actual damages plus the violator's profits, $100 a day, or $10,000, plus possible punitive damages and attorney fees (A.R.S. § 12-731).

How to ask your clinician

Your state's law doesn't require it, but asking first keeps the visit friendly and makes your reason clear:

“Before we start, is it okay if I record this visit? I want to remember your instructions correctly.”

Wait for a clear yes. If your clinician says no, take notes instead or ask for a written summary. More tips are in our guide to asking to record your doctor visit.

Arizona law and court decisions

  • A.R.S. § 13-3005: Interception of wire, electronic and oral communications by a non-party or a person not present; class 5 felony
  • A.R.S. § 13-3012(9): Exemption for interception with the consent of a party or a person present during the communication
  • A.R.S. § 13-3001: Definitions of oral, wire and electronic communication and intercept
  • A.R.S. § 12-731: Civil damages for unlawful interception
  • A.R.S. § 13-3019: Secretly photographing or video recording a person who is undressed or in a private setting; felony
  • 18 U.S.C. § 2511(2)(d): Federal wiretap law: a participant may record a wire, oral or electronic communication unless the purpose is to commit a crime or tort

Recent change: No amendments to the recording statutes. HB 2038 (2024), which would have added a notice-to-all-parties requirement to § 13-3005, was held awaiting third reading in the House and did not become law.

Frequently asked questions

Is Arizona a one-party consent state?

Arizona has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Arizona lets a person who is part of a conversation record it, so you can record your own doctor visit without the clinician's permission.

Do I need my doctor's permission to record a visit in Arizona?

Arizona makes it a felony to intercept a conversation you are not present for without a party's consent. A separate exemption allows recording "with the consent of a party to the communication or a person who is present during the communication." As a patient in the exam room, your own consent is enough, and you do not need to tell the clinician. Arizona has no special recording rule for medical offices.

Can I record a telehealth or phone visit in Arizona?

For phone and video calls, Arizona's law only reaches people who are not a party to the call, and the consent exemption covers you as a participant. Federal law also lets a participant record. If your clinician is in a state that requires everyone's consent, such as California, that state's law may also apply, so asking first is the safest choice.

Does HIPAA stop me from recording my doctor?

HIPAA is the federal health privacy law, but it applies to doctors, hospitals, health plans and the companies that work for them. It does not apply to patients. So HIPAA does not stop you from recording your own visit, and it does not give a doctor a right not to be recorded. A recording you keep on your own phone is your personal record, not part of your medical chart. If you give a copy to your clinic and the clinic keeps it, the clinic's copy can become part of its records and HIPAA would then cover that copy.

Can my doctor's office ban recording?

Yes, a clinic or hospital can have a no-recording policy and can ask you to stop. That policy is a rule of the practice, not a law, but in states that require everyone's consent, recording without permission can be illegal on its own. If you keep recording after being asked to stop, the clinician may end the visit, and a practice may stop seeing you as a patient if it gives proper notice (hospital emergency departments still must screen and stabilize anyone with an emergency). Many medical liability insurers advise clinicians to ask why you want to record and to consider allowing it, so asking first often works.

This page is general information, not legal advice. Recording laws change and can depend on the details of your situation. For a legal question, talk to a licensed attorney in Arizona. AlignCare does not provide medical or legal advice.

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Medical Disclaimer: This app does not provide medical advice, diagnosis, or treatment. It is for informational and organizational purposes only. Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition and before making medical decisions.