Can You Record Your Doctor Appointment in Minnesota?
Last reviewed
Yes. Minnesota 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: Minn. Stat. 626A.02
Recording an in-person visit
Minnesota's wiretap law says it is not unlawful for a person to record a conversation they are a party to, unless the recording is made to commit a crime or a tort (a civil wrong). Recording your own exam room visit to remember what was said should fit within that rule, and your clinician does not have to know or agree. Minnesota's separate privacy law targets peeping and images of intimate body parts, not audio of your own conversation.
Phone and telehealth visits
Phone calls and video visits follow the same one-party rule. If your clinician is in another state, that state's law may also apply, and some states, such as California, Maryland and Massachusetts, require consent from or notice to everyone. 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
- The one-party rule does not protect a recording made to commit a crime or a tort.
- If you record video during a telehealth visit, do not capture anyone's intimate body parts without consent; that is covered by a separate Minnesota crime.
- 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.
- No Minnesota statute found addresses patients recording their own clinic or hospital visits. Minn. Stat. 144.6502 separately lets residents of certain long-term care facilities, such as nursing homes and assisted living facilities, use audio or video monitoring devices in their own rooms under set consent and notice rules; it does not apply to doctor visits.
What happens if you break the law
Illegal interception is punishable by a fine of up to $20,000, up to 5 years in prison, or both (Minn. Stat. 626A.02, subd. 4). A person whose communication is illegally intercepted can sue for the greater of three times actual damages plus the violator's profits, or statutory damages of $100 a day or $10,000, whichever is greater, plus punitive damages and attorney fees (Minn. Stat. 626A.13).
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.
Minnesota law and court decisions
- Minn. Stat. 626A.02: Bans interception; subd. 2(d) allows a party to a communication to record it unless for a criminal or tortious purpose; penalties in subd. 4.
- Minn. Stat. 626A.01: Definitions, including oral communication (requires an expectation it will not be intercepted) and intercept.
- Minn. Stat. 626A.13: Civil action and damages for illegal interception.
- Minn. Stat. 609.746: Interference with privacy (peeping and recording images of intimate parts); does not address audio of one's own conversation.
- Minn. Stat. 144.6502: Resident electronic monitoring in nursing homes and assisted living facilities.
Recent change: No change to the one-party rule from 2023 to 2026. A 2023 revisor instruction (2023 Minn. Laws ch. 52, art. 6, sec. 16) replaced "one year" with "364 days" across the statutes, which touched a minor radio-interception penalty in 626A.02. No 2026 session law affects 626A.01, 626A.02 or 626A.13.
Frequently asked questions
Is Minnesota a one-party consent state?
Minnesota has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Minnesota 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 Minnesota?
Minnesota's wiretap law says it is not unlawful for a person to record a conversation they are a party to, unless the recording is made to commit a crime or a tort (a civil wrong). Recording your own exam room visit to remember what was said should fit within that rule, and your clinician does not have to know or agree. Minnesota's separate privacy law targets peeping and images of intimate body parts, not audio of your own conversation.
Can I record a telehealth or phone visit in Minnesota?
Phone calls and video visits follow the same one-party rule. If your clinician is in another state, that state's law may also apply, and some states, such as California, Maryland and Massachusetts, require consent from or notice to everyone. 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 Minnesota. AlignCare does not provide medical or legal advice.
