Can You Record Your Doctor Appointment in Illinois?
Last reviewed
Only openly. Illinois makes it a felony to secretly record a private conversation unless everyone agrees, and a doctor visit is very likely private. Recording that the clinician knows about is not secret, but getting a clear yes is the safest approach.
- In-person visit
- Notice ruleTell everyone you're recording
- Phone or telehealth visit
- Notice ruleTell everyone you're recording
Main law: 720 ILCS 5/14-2
Recording an in-person visit
Illinois' eavesdropping law makes it a crime to use a device 'in a surreptitious manner' (by stealth, deception, secrecy or concealment) to record a private conversation you are part of, unless all the other people in it consent (720 ILCS 5/14-2(a)(2)). A talk with your doctor in an exam room is very likely a 'private conversation,' because the law counts expectations that come from legal privileges, and Illinois protects what patients tell physicians (735 ILCS 5/8-802). Because the law only covers secret recording, recording openly after telling the clinician should fall outside it. We found no court decision about a patient who recorded openly after a clinician objected.
Phone and telehealth visits
The same rule covers phone calls and the audio of video visits, because a 'private conversation' includes one carried by wire or other means. Saying at the start of the call that you are recording, so it is not secret, is the key step, and getting the clinician to agree is better still. If the clinician is in another state, Illinois law may apply to you in Illinois and the other state's law may also apply, so follow the stricter rule.
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
- Most recording guides call Illinois an 'all-party consent' state. That is accurate for secret recording, which is what the law bans.
- Tell everyone in the room or on the call, not just the doctor. A nurse or interpreter is also part of the conversation.
- A clinician who does not want to be recorded may decline to go on, and clinics can set their own recording policies.
- Illinois' older eavesdropping law was struck down in 2014, and the current version took effect December 30, 2014. Some online guides still describe the old law.
- A narrow exception lets a person secretly record when they reasonably suspect a crime is being committed against them or their household (720 ILCS 5/14-3(i)). It is not meant for ordinary visits.
What happens if you break the law
Eavesdropping is a Class 4 felony for a first offense and a Class 3 felony for a second (720 ILCS 5/14-4(a)); it is a Class 3 felony (Class 2 for a repeat) when the person recorded is a police officer, prosecutor or judge doing official duties (14-4(b)). People recorded illegally can get an injunction, actual damages and punitive damages (720 ILCS 5/14-6).
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.
Illinois law and court decisions
- 720 ILCS 5/14-2: Eavesdropping offense: surreptitious recording of a private conversation without consent of all other parties
- 720 ILCS 5/14-1: Definitions of 'private conversation' (in person or by wire, including expectations from a privilege) and 'surreptitious'
- 720 ILCS 5/14-3: Exemptions, including recording by a party who reasonably suspects a crime against them (14-3(i))
- 720 ILCS 5/14-4: Sentence: Class 4 felony first offense, Class 3 second
- 720 ILCS 5/14-6: Civil remedies: injunction, actual and punitive damages
- 735 ILCS 5/8-802: Physician-patient privilege, which supports treating a doctor visit as a private conversation
- People v. Melongo, 2014 IL 114852: Held the pre-2014 eavesdropping law's recording provision, and its ban on publishing such recordings, unconstitutionally overbroad under the First Amendment.
- People v. Clark, 2014 IL 115776: Held the 1994 version of the eavesdropping law overbroad because it banned recording conversations without everyone's consent even when no one expected privacy; the legislature then limited the law to surreptitious recording of private conversations (P.A. 98-1142).
Recent change: P.A. 104-245 (effective January 1, 2026) amended the exemptions section, 720 ILCS 5/14-3, only to replace 'child pornography' with 'child sexual abuse material.' The core offense in 14-2 was last amended in 2016 (P.A. 99-352).
Frequently asked questions
Is Illinois a one-party consent state?
Illinois has a notice rule, so everyone must know they're being recorded, for in-person conversations and for phone and video calls. Only openly. Illinois makes it a felony to secretly record a private conversation unless everyone agrees, and a doctor visit is very likely private. Recording that the clinician knows about is not secret, but getting a clear yes is the safest approach.
Do I need my doctor's permission to record a visit in Illinois?
Illinois' eavesdropping law makes it a crime to use a device 'in a surreptitious manner' (by stealth, deception, secrecy or concealment) to record a private conversation you are part of, unless all the other people in it consent (720 ILCS 5/14-2(a)(2)). A talk with your doctor in an exam room is very likely a 'private conversation,' because the law counts expectations that come from legal privileges, and Illinois protects what patients tell physicians (735 ILCS 5/8-802). Because the law only covers secret recording, recording openly after telling the clinician should fall outside it. We found no court decision about a patient who recorded openly after a clinician objected.
Can I record a telehealth or phone visit in Illinois?
The same rule covers phone calls and the audio of video visits, because a 'private conversation' includes one carried by wire or other means. Saying at the start of the call that you are recording, so it is not secret, is the key step, and getting the clinician to agree is better still. If the clinician is in another state, Illinois law may apply to you in Illinois and the other state's law may also apply, so follow the stricter rule.
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 Illinois. AlignCare does not provide medical or legal advice.
