Can You Record Your Doctor Appointment in Idaho?
Last reviewed
Yes. Idaho is a one-party consent state, so you can record your own doctor visit, in person or by phone or video, 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: Idaho Code § 18-6702
Recording an in-person visit
Idaho law makes it lawful to record a conversation when one of the parties has given consent (Idaho Code § 18-6702(2)(d)). As a participant, your own consent counts, so the clinician does not have to know or agree. We found no separate Idaho law that limits audio recording in a private place like an exam room.
Phone and telehealth visits
The same one-party rule covers phone calls and electronic communications, including video visits. 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 the call crosses state lines.
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
- Recording for the purpose of committing a crime is never allowed (Idaho Code § 18-6702(2)(e)).
- 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.
What happens if you break the law
Illegal interception is a felony punishable by up to 5 years in state prison, a fine of up to $5,000, or both (Idaho Code § 18-6702(1)). A person recorded illegally can sue for actual damages of at least $100 per day or $1,000, whichever is higher, plus punitive damages and attorney's fees (§ 18-6709).
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.
Idaho law and court decisions
- Idaho Code § 18-6702: Bans interception of wire, electronic or oral communications (felony); lawful when one party consents (2)(d); never lawful for a criminal purpose (2)(e)
- Idaho Code § 18-6701: Definitions, including 'oral communication' and 'electronic communication'
- Idaho Code § 18-6709: Civil damages for illegal interception
Frequently asked questions
Is Idaho a one-party consent state?
Idaho has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Idaho is a one-party consent state, so you can record your own doctor visit, in person or by phone or video, without the clinician's permission.
Do I need my doctor's permission to record a visit in Idaho?
Idaho law makes it lawful to record a conversation when one of the parties has given consent (Idaho Code § 18-6702(2)(d)). As a participant, your own consent counts, so the clinician does not have to know or agree. We found no separate Idaho law that limits audio recording in a private place like an exam room.
Can I record a telehealth or phone visit in Idaho?
The same one-party rule covers phone calls and electronic communications, including video visits. 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 the call crosses state lines.
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 Idaho. AlignCare does not provide medical or legal advice.
