Can You Record Your Doctor Appointment in Maine?
Last reviewed
Generally yes: Maine lets a person who is part of a conversation record it without anyone else's consent. A separate law bans using recording devices in "private places" like bathrooms and changing rooms without consent, and because no court has said whether an exam room counts, recording openly is the safest choice in person.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: 15 M.R.S. 709
Recording an in-person visit
Under Maine's interception law, the "sender or receiver" of a communication is not intercepting it, so a patient may record a visit they are part of. Maine's highest court described the law this way in 2014. But a separate privacy law makes it a crime to use a recording device in a "private place" without the consent of the people entitled to privacy there; it lists changing rooms and bathrooms as examples. No Maine court has decided whether an exam room is a private place or whether a clinician is a person whose consent is needed, so telling your clinician you are recording avoids the question.
Phone and telehealth visits
Phone calls and video visits follow the one-party rule: you may record a call you are on without your clinician's consent. The private-place law is aimed at recording inside places like bathrooms and changing rooms, so it is much less likely to matter when you record from your own home. If your clinician is in a state that requires everyone's consent, that state's law may also apply.
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
- Maine's private-place law (17-A M.R.S. 511) has not been tested on a patient recording their own visit. Recording openly is the safest choice in an exam room.
- Do not record a conversation you are not part of, such as leaving your phone recording after you leave the room.
- Clinics and hospitals can still have their own rules about recording on their property.
- Maine has no law written specifically about recording medical visits.
What happens if you break the law
Illegal interception is a Class C crime (15 M.R.S. 710), punishable by up to 5 years in prison (17-A M.R.S. 1604) and a fine of up to $5,000 (17-A M.R.S. 1704). Violation of privacy in a private place is a Class D crime (17-A M.R.S. 511), punishable by less than one year and a fine of up to $2,000. A party to an illegally intercepted conversation can sue for actual damages of at least $100 per day of violation plus attorney fees (15 M.R.S. 711).
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.
Maine law and court decisions
- 15 M.R.S. 709: Definitions; "intercept" excludes the sender or receiver and anyone given prior authority by the sender or receiver.
- 15 M.R.S. 710: Interception and disclosure offenses; Class C crime.
- 15 M.R.S. 711: Civil remedy for illegal interception.
- 17-A M.R.S. 511: Violation of privacy, including using a recording device in a private place without consent of those entitled to privacy there; Class D crime.
- 17-A M.R.S. 1604 and 1704: Maximum prison terms and fines by crime class.
- Griffin v. Griffin, 2014 ME 70, 92 A.3d 1144: Explaining that recording by the sender or receiver, or someone they authorize, is not an interception, Maine's highest court held that a parent may give that authority on behalf of a young child when acting in good faith for the child's best interests.
Recent change: PL 2023, ch. 227 amended 17-A M.R.S. 511 to add tougher treatment when the person recorded is under 16 and to adjust the wording of the outside-a-private-place and under-clothing provisions. A 2023 revisor's correction touched 15 M.R.S. 710. Neither change affects a patient recording their own conversation.
Frequently asked questions
Is Maine a one-party consent state?
Maine has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Generally yes: Maine lets a person who is part of a conversation record it without anyone else's consent. A separate law bans using recording devices in "private places" like bathrooms and changing rooms without consent, and because no court has said whether an exam room counts, recording openly is the safest choice in person.
Do I need my doctor's permission to record a visit in Maine?
Under Maine's interception law, the "sender or receiver" of a communication is not intercepting it, so a patient may record a visit they are part of. Maine's highest court described the law this way in 2014. But a separate privacy law makes it a crime to use a recording device in a "private place" without the consent of the people entitled to privacy there; it lists changing rooms and bathrooms as examples. No Maine court has decided whether an exam room is a private place or whether a clinician is a person whose consent is needed, so telling your clinician you are recording avoids the question.
Can I record a telehealth or phone visit in Maine?
Phone calls and video visits follow the one-party rule: you may record a call you are on without your clinician's consent. The private-place law is aimed at recording inside places like bathrooms and changing rooms, so it is much less likely to matter when you record from your own home. If your clinician is in a state that requires everyone's consent, that state's law may also apply.
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 Maine. AlignCare does not provide medical or legal advice.
