Can You Record Your Doctor Appointment in Maryland?
Last reviewed
Only if your clinician agrees. Maryland requires everyone in a private conversation to consent before it is recorded, in person or by phone, so ask first and record only after a clear yes.
- In-person visit
- All-party consentEveryone must agree
- Phone or telehealth visit
- All-party consentEveryone must agree
Main law: Md. Code, Cts. & Jud. Proc. 10-401
Recording an in-person visit
Maryland's Wiretap Act lets a participant record only when all parties have given prior consent. In 2018 a Maryland appeals court said that secretly recording a face-to-face conversation on a cell phone is a presumptive violation of the law. The in-person rule covers "private" conversations, and a talk in a closed exam room is very likely the kind of conversation the law protects. Your clinician must agree before you record.
Phone and telehealth visits
Phone and video calls also require everyone's consent, and the law's definition of a phone call does not depend on whether anyone expects privacy. If you are in Maryland, expect Maryland's rule to apply even if your clinician is in a one-party state. Maryland's highest court has also refused to let Maryland courts use a secretly recorded call with a person in Maryland, even though the recording was made where one-party recording was legal (Washington, D.C.).
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
- Not knowing the law is not a defense. Maryland's highest court has held that recording on purpose is enough, even if you did not know it was illegal.
- If your clinician says no, recording anyway could be a felony.
- Asking at the start and capturing the yes on the recording is a simple way to show you had consent.
- Sharing or using an illegally made recording is a separate violation.
What happens if you break the law
Illegal interception is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both (Md. Code, Cts. & Jud. Proc. 10-402(b)). A person whose conversation is illegally recorded can sue for actual damages (at least $100 a day or $1,000, whichever is higher), punitive damages and attorney fees (10-410).
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.
Maryland law and court decisions
- Md. Code, Cts. & Jud. Proc. 10-401: Definitions; oral communication means words spoken in private conversation.
- Md. Code, Cts. & Jud. Proc. 10-402: Bans interception; (c)(3) allows a party to record only if all parties gave prior consent; felony penalty.
- Md. Code, Cts. & Jud. Proc. 10-410: Civil damages for illegal interception.
- Holmes v. State, 236 Md. App. 636, 182 A.3d 341 (2018): A mother's secret cell phone recording of a face-to-face conversation with her child was a presumptive violation of the Wiretap Act and was properly excluded.
- Agnew v. State, 461 Md. 672, 197 A.3d 27 (2018): A person who secretly recorded his own phone call could not use the Wiretap Act to keep that recording out of evidence against himself.
- Deibler v. State, 365 Md. 185, 776 A.2d 657 (2001): An interception is "willful" if done intentionally; the person need not know it is illegal.
- Mustafa v. State, 323 Md. 65, 591 A.2d 481 (1991): Recordings of calls with people in Maryland, secretly made by a private person in Washington, D.C. where that was legal, still could not be admitted in a Maryland court.
Recent change: No change to the all-party rule from 2023 to 2026. Bills to lower the crime to a misdemeanor (2026 HB 688 and SB 680, after similar 2025 bills), to add an imminent-danger exception (2023 and 2024 bills), and to allow recordings of crimes as evidence (2026 SB 661) all failed to become law.
Frequently asked questions
Is Maryland a one-party consent state?
Maryland has an all-party consent rule, so everyone in the conversation must agree, for in-person conversations and for phone and video calls. Only if your clinician agrees. Maryland requires everyone in a private conversation to consent before it is recorded, in person or by phone, so ask first and record only after a clear yes.
Do I need my doctor's permission to record a visit in Maryland?
Maryland's Wiretap Act lets a participant record only when all parties have given prior consent. In 2018 a Maryland appeals court said that secretly recording a face-to-face conversation on a cell phone is a presumptive violation of the law. The in-person rule covers "private" conversations, and a talk in a closed exam room is very likely the kind of conversation the law protects. Your clinician must agree before you record.
Can I record a telehealth or phone visit in Maryland?
Phone and video calls also require everyone's consent, and the law's definition of a phone call does not depend on whether anyone expects privacy. If you are in Maryland, expect Maryland's rule to apply even if your clinician is in a one-party state. Maryland's highest court has also refused to let Maryland courts use a secretly recorded call with a person in Maryland, even though the recording was made where one-party recording was legal (Washington, D.C.).
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 Maryland. AlignCare does not provide medical or legal advice.
