Can You Record Your Doctor Appointment in Kansas?
Last reviewed
Yes. Kansas lets any one party to a private conversation consent to recording it, 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: K.S.A. 21-6101
Recording an in-person visit
Kansas makes it a crime to use a device inside a private place to record sounds there 'without the consent of the person or persons entitled to privacy therein' (K.S.A. 21-6101(a)(4)). The Kansas Supreme Court read that same wording in 1984 to mean that any one party to a private conversation can give that consent (State v. Roudybush). So as a participant, your own consent is enough to make an audio recording of your visit. The rule is also aimed at capturing sounds that could not otherwise be heard.
Phone and telehealth visits
For phone calls and other private communications, Kansas bans intercepting a message without the consent of the sender or receiver (K.S.A. 21-6101(a)(1)), so your consent as a participant is enough. This covers phone and 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 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 key court decision is from 1984 and interpreted an earlier version of the law that used the same consent wording.
- Video is riskier than audio. Kansas has a separate felony for recording a person who is nude or undressed without consent in certain situations, so stick to audio unless everyone agrees.
- 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
Breach of privacy under K.S.A. 21-6101(a)(1) through (a)(5), which includes illegal audio recording, is a class A nonperson misdemeanor (up to 1 year in county jail under K.S.A. 21-6602 and a fine of up to $2,500 under K.S.A. 21-6611). Under the Kansas wiretap act, a person whose communication is illegally intercepted can sue for actual damages of at least $100 a day or $1,000, whichever is greater, plus punitive damages and attorney's fees (K.S.A. 22-2518).
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.
Kansas law and court decisions
- K.S.A. 21-6101: Breach of privacy: intercepting messages without consent of sender or receiver (a)(1); recording sounds in a private place without consent of those entitled to privacy (a)(4); images of nude or undressed persons (a)(6)
- K.S.A. 22-2514: Kansas wiretap act definitions, including 'oral communication'
- K.S.A. 22-2518: Civil damages for interception in violation of the wiretap act
- K.S.A. 21-6602: Class A misdemeanor jail term (up to 1 year)
- K.S.A. 21-6611: Class A misdemeanor fine (up to $2,500)
- State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984): The phrases 'without the consent of the person or persons entitled to privacy therein' and 'without the consent of the sender or receiver' mean any one party to a private conversation can waive privacy and consent to its recording.
Recent change: K.S.A. 21-6101 was amended in 2024 (L. 2024, ch. 96) and 2025 (L. 2025, ch. 120). Those changes involved recording or sharing nude or intimate images, including images altered by artificial intelligence; they did not change the rules for recording a conversation.
Frequently asked questions
Is Kansas a one-party consent state?
Kansas has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Kansas lets any one party to a private conversation consent to recording it, 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 Kansas?
Kansas makes it a crime to use a device inside a private place to record sounds there 'without the consent of the person or persons entitled to privacy therein' (K.S.A. 21-6101(a)(4)). The Kansas Supreme Court read that same wording in 1984 to mean that any one party to a private conversation can give that consent (State v. Roudybush). So as a participant, your own consent is enough to make an audio recording of your visit. The rule is also aimed at capturing sounds that could not otherwise be heard.
Can I record a telehealth or phone visit in Kansas?
For phone calls and other private communications, Kansas bans intercepting a message without the consent of the sender or receiver (K.S.A. 21-6101(a)(1)), so your consent as a participant is enough. This covers phone and 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 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 Kansas. AlignCare does not provide medical or legal advice.
