Recording laws · Hawaii

Can You Record Your Doctor Appointment in Hawaii?

Last reviewed October 6, 2026

For phone and video visits, yes: Hawaii lets a participant record. For an in-person visit the law is not settled, because a separate privacy law limits using a recording device in a private place without the consent of the people entitled to privacy there, so asking the clinician first is the safest choice.

In-person visit: UnsettledUnclear, so ask first
Phone or telehealth visit: One-party consentYour consent is enough

Main law: HRS § 803-42

Recording an in-person visit

Hawaii's wiretap law lets a person record a conversation they are part of (HRS § 803-42(b)(3)(A)), and in 1984 the Hawaii Supreme Court allowed recordings made by a person who wore a recorder during visits to a doctor's private office (State v. Lee). But Hawaii's privacy law makes it a misdemeanor to install or use a recording device in a private place without the consent of the person or persons entitled to privacy there (HRS § 711-1111(1)(d)). The word 'uses' was added in 2004, after the Lee case, and we found no court decision on whether it applies to a patient recording their own visit. Because a doctor's office or exam room can count as a private place, asking the clinician first avoids the question.

Phone and telehealth visits

For phone calls and video visits, Hawaii is a one-party state: you may record a call you are part of (HRS § 803-42(b)(3)(A)), and the privacy law's rule for phone and electronic messages is broken only when a message is intercepted without the consent of the sender or receiver (§ 711-1111(1)(g)). If other people are in the room with you during the call, the private-place rule could matter for them. If the clinician is in a state that requires everyone's consent, that state's law may also apply.

In Hawaii, the rule for calls is different from the rule for in-person conversations, so check which one fits your visit.

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

Hawaii has two laws that point in different directions for in-person recording. Until a court decides the question, there is real uncertainty.
In a 1983 case, the Hawaii Supreme Court said recording devices installed in a private place need the consent of everyone rightfully there, not just one person (State v. Lo).
The one-party rule never covers recording to commit a crime or a tortious (harmful) act.
A 2023 bill would have made Hawaii an all-party consent state. It did not become law.

What happens if you break the law

Illegal interception under HRS § 803-42 is a class C felony (up to 5 years in prison under § 706-660 and a fine of up to $10,000 under § 706-640). Violation of privacy in the second degree (§ 711-1111) is a misdemeanor (up to 1 year under § 706-663 and a fine of up to $2,000 under § 706-640), and the court may order the recording destroyed. A person whose communication is illegally intercepted can sue for the greater of actual damages plus the violator's profits, or statutory damages of $100 a day or $10,000, whichever is greater, plus punitive damages and attorney's fees (§ 803-48).

How to ask your clinician

Ask before you start, and record the answer so there's no doubt later:

“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.

Hawaii law and court decisions

HRS § 803-42: Bans interception of wire, oral or electronic communications (class C felony); party or one-party consent exception at (b)(3)(A)
HRS § 803-41: Definitions, including 'oral communication' (justified expectation the utterance is not subject to interception)
HRS § 803-48: Civil damages for illegal interception
HRS § 711-1111: Violation of privacy in the second degree, including installing or using a recording device in a private place without consent of those entitled to privacy (1)(d), and intercepting messages without consent of sender or receiver (1)(g)
HRS § 711-1100: Definition of 'private place'
State v. Lee, 67 Haw. 307, 686 P.2d 816 (1984): An undercover officer posing as a patient who wore a recorder in a doctor's private office did not 'install' a device in a private place, so the participant's recordings did not violate § 803-42(b)(3) as then written.
State v. Lo, 66 Haw. 653, 675 P.2d 754 (1983): Recording devices installed in a hotel room with a cooperating patient's consent violated § 803-42(b)(3), which protects private places and the privacy of anyone rightfully there.

Recent change: No amendments found from 2023 to 2026. HB 242 (2023, carried into 2024) would have removed the one-party exception from § 803-42 and required both parties' consent; it did not pass. § 803-42 was last amended in 2014 and § 711-1111 in 2016.

Frequently asked questions

Is Hawaii a one-party consent state?

For in-person conversations, Hawaii has no settled rule, so the safest choice is to ask first. For phone and video calls, it has a one-party consent rule, so your own consent is enough. For phone and video visits, yes: Hawaii lets a participant record. For an in-person visit the law is not settled, because a separate privacy law limits using a recording device in a private place without the consent of the people entitled to privacy there, so asking the clinician first is the safest choice.

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

Can I record a telehealth or phone visit in Hawaii?

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 Hawaii. AlignCare does not provide medical or legal advice.