Can You Record Your Doctor Appointment in Georgia?
Last reviewed
Yes. Georgia lets a person who is part of a conversation record it, so you can make an audio recording of your own doctor visit without the clinician's permission. Video is different: filming people in a private place like an exam room needs everyone's consent.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: O.C.G.A. § 16-11-66
Recording an in-person visit
Georgia's eavesdropping law does not stop a person from recording a conversation they are part of (O.C.G.A. § 16-11-66(a)). That means you can make an audio recording of your visit in the exam room without asking. Video is treated differently: Georgia makes it a felony to use a device to watch, photograph or record the activities of others in a private place without the consent of everyone observed (§ 16-11-62(2)), and the Georgia Supreme Court has said the one-party rule does not cover video (State v. Cohen, 2017). An exam room is likely a private place, so get everyone's OK before filming.
Phone and telehealth visits
The one-party rule also covers phone calls and electronic communications, so you may record a phone or video visit you are part of. To be safe, record only the audio of a video visit unless everyone agrees to video, because we found no court decision on how Georgia's video rule applies to a video call. If the clinician is in a state that requires everyone's consent, that state's law may also apply, so telling the clinician you are recording 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
- The one-party rule covers sound. Filming or photographing people in an exam room without everyone's consent can be a felony.
- At county health department clinics, Georgia law bars photographing or recording the activities of patients without the consent of all patients observed. Be careful not to capture other patients, for example in a waiting room.
- Your consent only covers conversations you are part of. Leaving a device to record when you are not in the room is not covered.
- A clinic may have its own policy on recording visits.
- O.C.G.A. § 16-11-62(7), added in 2022, makes it unlawful to knowingly photograph or record the activities of patients in a facility operated by a county board of health without the consent of all patients observed. It protects patients from being recorded; it does not bar a patient from recording their own conversation with staff, but it means you should not capture other patients.
What happens if you break the law
Violating Georgia's eavesdropping and surveillance law is a felony punishable by 1 to 5 years in prison, a fine of up to $10,000, or both (O.C.G.A. § 16-11-69).
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.
Georgia law and court decisions
- O.C.G.A. § 16-11-66: Participant exception: nothing in 16-11-62 bars a party to a wire, oral or electronic communication from recording it
- O.C.G.A. § 16-11-62: Eavesdropping and surveillance offenses, including all-party consent for video of activities in a private place (para. 2) and recording patients at county health department facilities (para. 7)
- O.C.G.A. § 16-11-60: Definitions; 'private place' means a place where there is a reasonable expectation of privacy
- O.C.G.A. § 16-11-69: Penalty: felony, 1 to 5 years and/or up to $10,000
- State v. Cohen, 302 Ga. 616, 807 S.E.2d 861 (2017): The one-party consent rule in § 16-11-66(a) covers intercepted communications such as voices, but not secret video of people in a private place, which needs the consent of all persons observed under § 16-11-62(2).
Recent change: No 2023 to 2026 change to these rules was found. The code text reviewed is current through March 2024; SB 97 (2025, adding electronic tracking limits to 16-11-62) was not confirmed as enacted, and SB 398 (2026, 'virtual peeping') did not survive the session. Neither would change the audio rule. The county health department provision dates from 2022 (SB 539).
Frequently asked questions
Is Georgia a one-party consent state?
Georgia has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Georgia lets a person who is part of a conversation record it, so you can make an audio recording of your own doctor visit without the clinician's permission. Video is different: filming people in a private place like an exam room needs everyone's consent.
Do I need my doctor's permission to record a visit in Georgia?
Georgia's eavesdropping law does not stop a person from recording a conversation they are part of (O.C.G.A. § 16-11-66(a)). That means you can make an audio recording of your visit in the exam room without asking. Video is treated differently: Georgia makes it a felony to use a device to watch, photograph or record the activities of others in a private place without the consent of everyone observed (§ 16-11-62(2)), and the Georgia Supreme Court has said the one-party rule does not cover video (State v. Cohen, 2017). An exam room is likely a private place, so get everyone's OK before filming.
Can I record a telehealth or phone visit in Georgia?
The one-party rule also covers phone calls and electronic communications, so you may record a phone or video visit you are part of. To be safe, record only the audio of a video visit unless everyone agrees to video, because we found no court decision on how Georgia's video rule applies to a video call. If the clinician is in a state that requires everyone's consent, that state's law may also apply, so telling the clinician you are recording 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 Georgia. AlignCare does not provide medical or legal advice.
