Can You Record Your Doctor Appointment in Indiana?
Last reviewed
Yes. Indiana's recording law lets a participant record phone and electronic communications, and it does not reach face-to-face conversations at all, 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: IC 35-31.5-2-176
Recording an in-person visit
Indiana's wiretap law only covers 'electronic communications' sent by wire, radio or similar systems (IC 35-31.5-2-110). A face-to-face talk in an exam room is not sent that way, and an Indiana appeals court has said the law only covers communications while they are being transmitted (Whitt v. Town of New Carlisle, 2021). We found no Indiana law that requires a clinician's consent before a patient records their own in-person visit. Federal law also lets a participant record a conversation unless it is for a criminal or tortious purpose (18 U.S.C. § 2511(2)(d)).
Phone and telehealth visits
For phone calls and video visits, Indiana defines illegal 'interception' as recording by someone other than a sender or receiver, without the consent of the sender or receiver (IC 35-31.5-2-176). As the patient on the call, you are a sender and receiver, so recording your own call is not interception. If the clinician is in a state that requires everyone's consent, that state's law may also apply, so telling the clinician 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
- Do not leave a phone or recorder running unattended in an exam room. Indiana makes it a crime to place a camera or surveillance equipment that records 'images or data of any kind' while unattended on someone else's private property without the owner's or tenant's consent (IC 35-46-8.5-1).
- The Whitt decision was not published in a reporter, so it carries less weight than a published opinion.
- A clinic may have its own policy on recording visits.
What happens if you break the law
Unlawful interception is a Level 5 felony (IC 35-33.5-5-5(b)), punishable by 1 to 6 years in prison and a fine of up to $10,000 (IC 35-50-2-6(b)). A person whose communication is illegally intercepted can sue for the greater of actual damages, $100 per day, or $1,000, plus court costs, punitive damages and attorney's fees (IC 35-33.5-5-4). Unlawful surveillance under IC 35-46-8.5-1 is a Class A misdemeanor.
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.
Indiana law and court decisions
- IC 35-31.5-2-176: Defines 'interception' as recording by a person other than a sender or receiver, without the consent of the sender or receiver
- IC 35-31.5-2-110: Defines 'electronic communication' as a transfer by wire, radio, electromagnetic, photoelectronic or photo-optical system
- IC 35-33.5-5-5: Unlawful interception is a Level 5 felony
- IC 35-33.5-5-4: Civil damages for illegal interception
- IC 35-46-8.5-1: Unlawful surveillance: placing unattended recording equipment on another's private property without consent; secret tracking devices
- IC 35-50-2-6: Sentence for a Level 5 felony (1 to 6 years, fine up to $10,000)
- 18 U.S.C. § 2511(2)(d): Federal one-party consent rule for wire, oral and electronic communications
- Whitt v. Town of New Carlisle, No. 20A-CT-2279, 2021 WL 2010143 (Ind. Ct. App. May 20, 2021) (unpublished): Affirmed judgment for the town because the Indiana Wiretap Act only covers interception of communications during transmission, and claims that hidden devices captured in-office conversations involved only oral communications outside the Act.
Recent change: In 2023 (P.L.172-2023), Indiana added secret tracking devices to its unlawful surveillance law (IC 35-46-8.5-1). The wiretap law (IC 35-33.5) was not changed from 2023 to 2026.
Frequently asked questions
Is Indiana a one-party consent state?
Indiana has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Indiana's recording law lets a participant record phone and electronic communications, and it does not reach face-to-face conversations at all, 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 Indiana?
Indiana's wiretap law only covers 'electronic communications' sent by wire, radio or similar systems (IC 35-31.5-2-110). A face-to-face talk in an exam room is not sent that way, and an Indiana appeals court has said the law only covers communications while they are being transmitted (Whitt v. Town of New Carlisle, 2021). We found no Indiana law that requires a clinician's consent before a patient records their own in-person visit. Federal law also lets a participant record a conversation unless it is for a criminal or tortious purpose (18 U.S.C. § 2511(2)(d)).
Can I record a telehealth or phone visit in Indiana?
For phone calls and video visits, Indiana defines illegal 'interception' as recording by someone other than a sender or receiver, without the consent of the sender or receiver (IC 35-31.5-2-176). As the patient on the call, you are a sender and receiver, so recording your own call is not interception. If the clinician is in a state that requires everyone's consent, that state's law may also apply, so telling the clinician 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 Indiana. AlignCare does not provide medical or legal advice.
