Can You Record Your Doctor Appointment in Colorado?
Last reviewed
Yes. Colorado law 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: C.R.S. § 18-9-304
Recording an in-person visit
Colorado's eavesdropping law only applies to a person who is "not visibly present" during a conversation, and even then it requires the consent of at least one of the main parties. A patient sitting in the exam room is visibly present and is a party, so you may record without telling the clinician. Colorado has no special recording rule for medical offices.
Phone and telehealth visits
Colorado's wiretapping law applies only to someone who is "not a sender or intended receiver" of a phone or electronic communication, which includes video calls. As a participant in a phone or video visit, you may record it. 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
- Some older guides, including the Reporters Committee guide, still say wiretapping is a felony in Colorado. Since October 1, 2023, it is a class 2 misdemeanor.
- 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
Wiretapping (C.R.S. § 18-9-303) and eavesdropping (§ 18-9-304) are each class 2 misdemeanors, punishable by up to 120 days in jail, a fine of up to $750, or both (§ 18-1.3-501). These criminal sections do not themselves 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.
Colorado law and court decisions
- C.R.S. § 18-9-304: Eavesdropping by a person not visibly present, without consent of at least one principal party; class 2 misdemeanor (official 2024 C.R.S. Title 18 PDF)
- C.R.S. § 18-9-303: Wiretapping of telephone, telegraph or electronic communications by a person who is not a sender or intended receiver; class 2 misdemeanor
- C.R.S. § 18-9-301: Definitions, including electronic and oral communication
- C.R.S. § 18-1.3-501: Misdemeanor sentencing ranges
- 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
- People v. Lesslie, 939 P.2d 443 (Colo. App. 1996): Upheld the conviction of a deputy who planted a listening device in a bar restroom; the eavesdropping statute reaches a person not visibly present who overhears a conversation the speakers reasonably expect to be private.
Recent change: HB 23-1293 (effective October 1, 2023) changed § 18-9-303(2) from "a class 6 felony" (a class 2 misdemeanor if a cordless phone was involved) to a class 2 misdemeanor in all cases. Earlier, SB 21-271 (effective March 1, 2022) lowered eavesdropping under § 18-9-304 from a class 1 to a class 2 misdemeanor. The rule on who may record did not change.
Frequently asked questions
Is Colorado a one-party consent state?
Colorado has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Colorado law 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 Colorado?
Colorado's eavesdropping law only applies to a person who is "not visibly present" during a conversation, and even then it requires the consent of at least one of the main parties. A patient sitting in the exam room is visibly present and is a party, so you may record without telling the clinician. Colorado has no special recording rule for medical offices.
Can I record a telehealth or phone visit in Colorado?
Colorado's wiretapping law applies only to someone who is "not a sender or intended receiver" of a phone or electronic communication, which includes video calls. As a participant in a phone or video visit, you may record it. 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 Colorado. AlignCare does not provide medical or legal advice.
