Can You Record Your Doctor Appointment in Arkansas?
Last reviewed
Yes. Arkansas law allows a person who is part of a conversation to 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: Ark. Code Ann. § 5-60-120
Recording an in-person visit
Arkansas makes it a crime to intercept and record an oral, phone or wireless communication "unless the person is a party to the communication" or a party has given prior consent. As a patient in the exam room, you are a party, so your own consent is enough. You do not have to tell the clinician. Arkansas has no special recording rule for medical offices.
Phone and telehealth visits
The same statute covers landline, phone and wireless communications, and the party exception applies to you on a phone or video visit. 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
- 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.
- Federal law does not protect a recording made in order to commit a crime or another legal wrong against someone.
What happens if you break the law
A violation is a Class A misdemeanor (Ark. Code § 5-60-120(b)), punishable by up to one year in jail (§ 5-4-401) and a fine of up to $2,500 (§ 5-4-201). The statute does not create a civil damages claim.
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.
Arkansas law and court decisions
- Ark. Code Ann. § 5-60-120: Interception and recording of wire, oral, telephonic or wireless communications; party exception; Class A misdemeanor
- Ark. Code Ann. § 5-4-401: Jail terms by offense class
- Ark. Code Ann. § 5-4-201: Fines by offense class
- 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
Frequently asked questions
Is Arkansas a one-party consent state?
Arkansas has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Arkansas law allows a person who is part of a conversation to 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 Arkansas?
Arkansas makes it a crime to intercept and record an oral, phone or wireless communication "unless the person is a party to the communication" or a party has given prior consent. As a patient in the exam room, you are a party, so your own consent is enough. You do not have to tell the clinician. Arkansas has no special recording rule for medical offices.
Can I record a telehealth or phone visit in Arkansas?
The same statute covers landline, phone and wireless communications, and the party exception applies to you on a phone or video visit. 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 Arkansas. AlignCare does not provide medical or legal advice.
