Can You Record Your Doctor Appointment in Michigan?
Last reviewed
Probably yes, but Michigan is less settled than most states. Courts have long allowed people to record calls and conversations they take part in, yet a separate law against recording in "private places" has never been tested in an exam room, so record openly with your clinician aware.
- In-person visit
- UnsettledUnclear, so ask first
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: MCL 750.539a
Recording an in-person visit
Michigan's eavesdropping law has been read by the Michigan Court of Appeals since 1982, and by federal courts as recently as 2022 and 2026, to let a participant record a conversation without the others' consent. A second law makes it a felony to use a recording device in a "private place" without the consent of the people entitled to privacy there, and a Michigan appeals court applied that law to a participant who secretly recorded in his own bedroom. No court has said whether an exam room counts or whether your clinician must agree. Recording openly, with your clinician aware, avoids this question.
Phone and telehealth visits
For phone and video visits, courts have consistently held that a participant may record a call they are on; the 2022 federal appeals case involved recorded phone calls. The private-place law is aimed at recording inside a private place, which is less of a concern when you record from your own home. If your clinician is in a state that requires everyone's consent, such as California or Maryland, that state's law may also apply, so tell them you are recording.
In Michigan, the rule for calls is different from the rule for in-person conversations, so check which one fits your visit.
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
- Michigan's Supreme Court has never decided whether a participant may secretly record. It declined to answer that question in 2021.
- One federal judge read the law as requiring everyone's consent in 2019, then reversed that view in 2021.
- Recording a conversation you are not part of, such as leaving your phone recording after you leave the room, is a felony.
- Using or sharing a recording made illegally is a separate felony.
- Clinics and hospitals can still have their own rules about recording on their property.
What happens if you break the law
Eavesdropping is a felony punishable by up to 2 years in prison, a $2,000 fine, or both (MCL 750.539c). Using a recording device in a private place without consent is a felony with up to 2 years or $2,000 (up to 5 years or $5,000 for a repeat offense), and distributing such a recording carries up to 5 years or $5,000 (MCL 750.539d). Using or divulging illegally obtained information is a felony with up to 2 years or $2,000 (MCL 750.539e). Parties to an illegally recorded conversation can get an injunction, actual damages and punitive damages (MCL 750.539h).
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.
Michigan law and court decisions
- MCL 750.539a: Definitions of private place and eavesdrop (recording the private discourse of others without the permission of all persons engaged in it).
- MCL 750.539c: Eavesdropping on a private conversation without consent of all parties; felony.
- MCL 750.539d: Installing, placing or using a recording device in a private place without consent of those entitled to privacy there; distributing such recordings; felony.
- MCL 750.539e: Using or divulging information obtained in violation of 539b to 539d; felony.
- MCL 750.539h: Civil remedies for eavesdropping.
- Sullivan v. Gray, 117 Mich. App. 476, 324 N.W.2d 58 (1982): Because eavesdropping means recording the private discourse "of others," a participant who records a conversation (here a phone call) without the other party's consent does not violate the eavesdropping statute.
- Lewis v. LeGrow, 258 Mich. App. 175, 670 N.W.2d 675 (2003): Restated that a participant may record a private conversation without eavesdropping, but held that the separate private-place statute (MCL 750.539d) applied to a participant who secretly videotaped sexual activity in his own bedroom.
- Fisher v. Perron, 30 F.4th 289 (6th Cir. 2022): Predicting Michigan law, the Sixth Circuit followed Sullivan and held that a participant who secretly recorded phone calls did not violate the eavesdropping statute, noting the Michigan Supreme Court has not decided the question.
- In re Certified Question, 959 N.W.2d 172 (Mich. 2021) (mem.): The Michigan Supreme Court declined to answer a federal court's certified question on whether the statute allows participant recording (as described in Fisher v. Perron).
- AFT Michigan v. Project Veritas, No. 17-13292 (E.D. Mich. Nov. 8, 2021): On reconsideration, the court abandoned its 2019 all-party reading and held that the statute is not violated when a conversation is recorded by one of its participants.
- AFT Michigan v. Project Veritas, No. 17-cv-13292 (E.D. Mich. Mar. 30, 2026): As reported by defense counsel, the court granted summary judgment on the eavesdropping claims and held that a person whose presence is apparent is a party to a conversation even if they do not speak.
Recent change: No amendments to MCL 750.539a to 539h from 2023 to 2026 (539c is unchanged since 1967; 539d was last amended in 2004). The main recent development is case law: a March 30, 2026 federal district court ruling in AFT Michigan v. Project Veritas again treated Michigan as one-party for participants.
Frequently asked questions
Is Michigan a one-party consent state?
For in-person conversations, Michigan has no settled rule, so the safest choice is to ask first. For phone and video calls, it has a one-party consent rule, so your own consent is enough. Probably yes, but Michigan is less settled than most states. Courts have long allowed people to record calls and conversations they take part in, yet a separate law against recording in "private places" has never been tested in an exam room, so record openly with your clinician aware.
Do I need my doctor's permission to record a visit in Michigan?
Michigan's eavesdropping law has been read by the Michigan Court of Appeals since 1982, and by federal courts as recently as 2022 and 2026, to let a participant record a conversation without the others' consent. A second law makes it a felony to use a recording device in a "private place" without the consent of the people entitled to privacy there, and a Michigan appeals court applied that law to a participant who secretly recorded in his own bedroom. No court has said whether an exam room counts or whether your clinician must agree. Recording openly, with your clinician aware, avoids this question.
Can I record a telehealth or phone visit in Michigan?
For phone and video visits, courts have consistently held that a participant may record a call they are on; the 2022 federal appeals case involved recorded phone calls. The private-place law is aimed at recording inside a private place, which is less of a concern when you record from your own home. If your clinician is in a state that requires everyone's consent, such as California or Maryland, that state's law may also apply, so tell them you are recording.
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 Michigan. AlignCare does not provide medical or legal advice.
