Can You Record Your Doctor Appointment in Kentucky?
Last reviewed
Yes. Kentucky is a one-party consent state, so you can record a doctor visit you are part of without asking your clinician, whether it happens in person, by phone, or by video.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: Ky. Rev. Stat. 526.010
Recording an in-person visit
Kentucky's eavesdropping law only makes it a crime to record a conversation "of others" without the consent of at least one person in it. Because you are part of the visit, your own consent is enough. In 2023 the Kentucky Court of Appeals said a father who secretly recorded a meeting with a counselor and a grandmother did not break the law because he was part of the conversation. Your clinician does not have to know or agree.
Phone and telehealth visits
The same rule covers phone calls and video visits: you may record a call you are on. If your clinician is in another state, that state's law may also apply. Some states, such as California, Maryland and Massachusetts, require consent from or notice to everyone, so telling your clinician is the safest choice when they are out of state.
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 record a conversation you are not part of, such as leaving your phone recording in the room after you step out. That can be felony eavesdropping.
- The 2023 appeals court decision is unpublished, so it is not binding precedent, but it follows the plain words of the law.
- Clinics and hospitals can still have their own rules about recording on their property.
- Kentucky has no law written specifically about recording medical visits.
What happens if you break the law
Eavesdropping is a Class D felony (KRS 526.020), which carries 1 to 5 years in prison (KRS 532.060). Using or sharing information obtained by eavesdropping is a Class A misdemeanor (KRS 526.060). Chapter 526 itself does not create a right to sue for damages.
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.
Kentucky law and court decisions
- Ky. Rev. Stat. 526.010: Defines eavesdrop as recording a wire or oral communication of others without the consent of at least one party.
- Ky. Rev. Stat. 526.020: Eavesdropping offense; Class D felony.
- Ky. Rev. Stat. 526.060: Using or divulging illegally obtained information; Class A misdemeanor.
- Ky. Rev. Stat. 532.060: Prison range for felonies (Class D: 1 to 5 years).
- Capps v. Chapman, No. 2022-CA-0711-MR (Ky. Ct. App. June 16, 2023) (unpublished): A parent who secretly recorded a three-person meeting with a counselor did not commit eavesdropping because he was a party to the conversation, so excluding the recording as illegally obtained was error (the error was found harmless).
Frequently asked questions
Is Kentucky a one-party consent state?
Kentucky has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Kentucky is a one-party consent state, so you can record a doctor visit you are part of without asking your clinician, whether it happens in person, by phone, or by video.
Do I need my doctor's permission to record a visit in Kentucky?
Kentucky's eavesdropping law only makes it a crime to record a conversation "of others" without the consent of at least one person in it. Because you are part of the visit, your own consent is enough. In 2023 the Kentucky Court of Appeals said a father who secretly recorded a meeting with a counselor and a grandmother did not break the law because he was part of the conversation. Your clinician does not have to know or agree.
Can I record a telehealth or phone visit in Kentucky?
The same rule covers phone calls and video visits: you may record a call you are on. If your clinician is in another state, that state's law may also apply. Some states, such as California, Maryland and Massachusetts, require consent from or notice to everyone, so telling your clinician is the safest choice when they are out of state.
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 Kentucky. AlignCare does not provide medical or legal advice.
