Can You Record Your Doctor Appointment in Montana?
Last reviewed
Yes, as long as your clinician knows. Montana makes it a crime to record a conversation with a hidden device unless everyone knows about the recording, so tell your clinician before you start.
- In-person visit
- Notice ruleTell everyone you're recording
- Phone or telehealth visit
- Notice ruleTell everyone you're recording
Main law: Mont. Code Ann. § 45-8-213
Recording an in-person visit
Montana law makes it a crime to record a conversation 'by use of a hidden electronic or mechanical device' without the knowledge of all parties (Mont. Code Ann. § 45-8-213(1)(c)). The rule does not apply to people who are given a warning, and the law says that if one person gives the warning, either party may record. So telling your clinician at the start that you are recording meets the rule. The law does not require a signed form or a separate 'yes.'
Phone and telehealth visits
The same rule applies to phone calls, and the Montana Supreme Court found no violation where a person knew his calls were subject to recording (State v. DuBray). A separate part of the law bans purposely intercepting an electronic communication, but it also does not apply to people who are given a warning. So tell your clinician at the start of a phone or video visit. If your clinician is in another state, 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
- Montana's rule is about knowledge, not permission. The law requires that your clinician know, but it does not say they must agree.
- Your clinician or clinic can still decline to continue the visit while it is being recorded.
- No Montana court has decided whether a recording app on a phone or video call counts as a 'hidden' device, so give notice on calls too.
- Montana court cases that limit recording (State v. Goetz, State v. Allen) are about police and government recording. They do not apply to a patient recording their own visit.
- If your clinician is in a state that requires everyone's consent, that state's law may apply to the call, so asking first is the safest choice.
- These rules are about audio. Video or photos, especially of anyone who is undressed, can be covered by separate laws.
- Montana's recording law has an exception that lets a health care facility, or a government agency that deals with health care, record health care emergency phone calls made to it (Mont. Code Ann. § 45-8-213(2)(a)(iv)). It does not address patients recording their own visits.
What happens if you break the law
A person convicted of violating privacy in communications can be fined up to $500, jailed in the county jail for up to 6 months, or both (Mont. Code Ann. § 45-8-213(4)(a)). The section does not itself provide for civil damages.
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.
Montana law and court decisions
- Mont. Code Ann. § 45-8-213: Privacy in communications: no recording with a hidden device without the knowledge of all parties; warning exception; health care emergency call exception; electronic interception; penalties.
- 18 U.S.C. § 2511(2)(d): Federal wiretap law: a person who is a party to a phone call or conversation may record it unless the purpose is a criminal or tortious act. Stricter state laws still apply.
- State v. DuBray, 2003 MT 255, 317 Mont. 377, 77 P.3d 247: Because the defendant knew his phone calls were subject to monitoring and recording, the recordings did not violate § 45-8-213 or federal wiretap law.
- State v. Goetz, 2008 MT 296, 345 Mont. 421, 191 P.3d 489: Under the Montana Constitution, police need a warrant to electronically monitor and record face-to-face conversations even when one participant consents; this limits the government, not private individuals.
- State v. Allen, 2010 MT 214, 357 Mont. 495, 241 P.3d 1045: Extended Goetz to a cell phone call recorded by a participant at police direction; again a limit on government action.
Recent change: Montana amended § 45-8-213 in 2025 (Ch. 686, Laws of 2025) to address real and AI-generated ('digitally fabricated') intimate images and related threats. The recording rule in subsection (1)(c) and its exceptions were not changed (checked against the 2023 code).
Frequently asked questions
Is Montana a one-party consent state?
Montana 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 your clinician knows. Montana makes it a crime to record a conversation with a hidden device unless everyone knows about the recording, so tell your clinician before you start.
Do I need my doctor's permission to record a visit in Montana?
Montana law makes it a crime to record a conversation 'by use of a hidden electronic or mechanical device' without the knowledge of all parties (Mont. Code Ann. § 45-8-213(1)(c)). The rule does not apply to people who are given a warning, and the law says that if one person gives the warning, either party may record. So telling your clinician at the start that you are recording meets the rule. The law does not require a signed form or a separate 'yes.'
Can I record a telehealth or phone visit in Montana?
The same rule applies to phone calls, and the Montana Supreme Court found no violation where a person knew his calls were subject to recording (State v. DuBray). A separate part of the law bans purposely intercepting an electronic communication, but it also does not apply to people who are given a warning. So tell your clinician at the start of a phone or video visit. If your clinician is in another state, 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 Montana. AlignCare does not provide medical or legal advice.
