Can You Record Your Doctor Appointment in Massachusetts?
Last reviewed
Yes, as long as you do not do it secretly. Massachusetts bans secret recording, but a recording is not secret if your clinician clearly knows about it, so tell them at the start or keep the recorder in plain view.
- In-person visit
- Notice ruleTell everyone you're recording
- Phone or telehealth visit
- Notice ruleTell everyone you're recording
Main law: Mass. Gen. Laws ch. 272, 99
Recording an in-person visit
Massachusetts makes it a crime to "secretly" record a conversation unless everyone has given prior authority. The state's highest court has held that a recording is not secret when the other person actually knows about it, and that simply announcing the recording or holding the recorder in plain sight would have avoided a violation. Unlike most states, this rule applies even if no one expects privacy. So your clinician must be aware, but a separate formal consent is not required.
Phone and telehealth visits
Phone and video visits follow the same rule: say at the start that you are recording so the recording is not secret. If you are outside Massachusetts but your clinician is in Massachusetts, Massachusetts law may still apply, so give notice either way.
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
- Hiding the recording is what makes it illegal. A phone app recording quietly in your pocket counts as secret.
- A federal court ruling that allows secretly recording police doing their jobs in public does not apply to a private doctor's office.
- Even when recording is legal, a practice can set its own rules, such as asking you to stop or ending the visit.
- Massachusetts has no law written specifically about recording medical visits.
What happens if you break the law
Secret interception is punishable by a fine of up to $10,000, up to 5 years in state prison or up to 2.5 years in jail, or a fine plus one of those prison terms (G.L. c. 272, 99(C)(1)). Using or disclosing an illegal recording is a misdemeanor with up to 2 years in jail or a $5,000 fine (99(C)(3)). Victims can sue for actual damages (at least $100 a day or $1,000, whichever is higher), punitive damages and attorney fees (99(Q)).
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.
Massachusetts law and court decisions
- Mass. Gen. Laws ch. 272, 99: Defines interception as secretly hearing or recording without prior authority of all parties; criminal penalties (C) and civil remedy (Q).
- Commonwealth v. Jackson, 370 Mass. 502, 349 N.E.2d 337 (1976): A recording is not "secret" (and so not an interception) when the person recorded has actual knowledge of it, shown by clear and unequivocal objective signs.
- Commonwealth v. Hyde, 434 Mass. 594, 750 N.E.2d 963 (2001): The statute bans secret recording of any oral communication with no privacy-expectation requirement, but announcing the recording or holding the recorder in plain sight would have made it lawful.
- Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020): The statute violates the First Amendment as applied to secret audio recording of police officers doing their duties in public spaces; it does not address private settings like a medical exam room.
Recent change: No change from 2023 to 2026. A 2025 bill to allow one-party recording of phone calls (H.1935) was sent to a study order in March 2026, and other wiretap-update bills were aimed at law enforcement.
Frequently asked questions
Is Massachusetts a one-party consent state?
Massachusetts has a notice rule, so everyone must know they're being recorded, for in-person conversations and for phone and video calls. Yes, as long as you do not do it secretly. Massachusetts bans secret recording, but a recording is not secret if your clinician clearly knows about it, so tell them at the start or keep the recorder in plain view.
Do I need my doctor's permission to record a visit in Massachusetts?
Massachusetts makes it a crime to "secretly" record a conversation unless everyone has given prior authority. The state's highest court has held that a recording is not secret when the other person actually knows about it, and that simply announcing the recording or holding the recorder in plain sight would have avoided a violation. Unlike most states, this rule applies even if no one expects privacy. So your clinician must be aware, but a separate formal consent is not required.
Can I record a telehealth or phone visit in Massachusetts?
Phone and video visits follow the same rule: say at the start that you are recording so the recording is not secret. If you are outside Massachusetts but your clinician is in Massachusetts, Massachusetts law may still apply, so give notice either way.
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 Massachusetts. AlignCare does not provide medical or legal advice.
