Can You Record Your Doctor Appointment in New Hampshire?
Last reviewed
Only with your clinician's consent. New Hampshire requires the consent of everyone in a conversation, and secretly recording even a conversation you are part of is a crime.
- In-person visit
- All-party consentEveryone must agree
- Phone or telehealth visit
- All-party consentEveryone must agree
Main law: N.H. Rev. Stat. Ann. § 570-A:2
Recording an in-person visit
New Hampshire makes it a crime to record an in-person conversation without the consent of all parties when the speaker reasonably expects not to be recorded (N.H. Rev. Stat. Ann. §§ 570-A:1, 570-A:2). The state's highest court has said the key question is whether a person expected their actual words and voice not to be captured, even if they knew the content might be shared (Fischer v. Hooper). Consent can be shown by words or by actions, so telling your clinician and having them carry on may count, but a clear 'yes' is much safer.
Phone and telehealth visits
The same all-party rule covers phone calls and other 'telecommunications,' which the law defines broadly and which include wireless technology (§ 570-A:1, I and IX). Get your clinician's consent before recording a phone or video visit. If either you or your clinician is in New Hampshire, ask first.
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
- Secretly recording a conversation you are part of is at least a misdemeanor, and it can be a class B felony if the person knew, or recklessly ignored, that it was illegal.
- You can also be sued for damages if you record without consent.
- Consent does not have to be in writing, but it should be clear.
- Bills to make New Hampshire a one-party state were killed in the House in 2024 (HB 1097) and 2026 (HB 1508).
- A clinic or hospital can still have its own recording policy and can ask you to stop or end the visit.
- These rules are about audio. Video or photos, especially of anyone who is undressed, can be covered by separate laws.
What happens if you break the law
Recording without everyone's consent is a class B felony when done willfully, and a misdemeanor when a party to the conversation knowingly records it without the others' consent (N.H. Rev. Stat. Ann. § 570-A:2, I and I-a). A person recorded illegally can sue for actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages and attorney's fees (§ 570-A:11).
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.
New Hampshire law and court decisions
- N.H. Rev. Stat. Ann. § 570-A:2: Interception without consent of all parties: class B felony (willful) or misdemeanor (knowing, by a party).
- N.H. Rev. Stat. Ann. § 570-A:1: Definitions: telecommunication, oral communication, intercept (includes recording).
- N.H. Rev. Stat. Ann. § 570-A:11: Civil damages.
- 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.
- Fischer v. Hooper, 143 N.H. 585, 732 A.2d 396 (1999): The law protects a reasonable expectation that one's actual words and voice will not be recorded, even if the content may be repeated to others; consent can be implied from conduct; the felony requires intentional or reckless disregard of the law.
- State v. Mueller, 166 N.H. 65 (2014): A man who recorded his own phone calls without telling the other parties was convicted of felony wiretapping; the conviction was reversed only because the jury was not told the State had to prove he knew or recklessly ignored that it was illegal.
- State v. Clark, 2024 N.H. 64 (Nov. 13, 2024): A participant who knowingly records without everyone's consent commits a misdemeanor, and it can be a felony if done willfully; courts must exclude such recordings as evidence only for felony violations.
Recent change: No changes to the statute from 2023 to 2026. Bills to allow one-party recording, HB 1097 (2024) and HB 1508 (2026), were killed in the House. State v. Clark (November 2024) clarified the misdemeanor and felony tiers for participant recordings.
Frequently asked questions
Is New Hampshire a one-party consent state?
New Hampshire has an all-party consent rule, so everyone in the conversation must agree, for in-person conversations and for phone and video calls. Only with your clinician's consent. New Hampshire requires the consent of everyone in a conversation, and secretly recording even a conversation you are part of is a crime.
Do I need my doctor's permission to record a visit in New Hampshire?
New Hampshire makes it a crime to record an in-person conversation without the consent of all parties when the speaker reasonably expects not to be recorded (N.H. Rev. Stat. Ann. §§ 570-A:1, 570-A:2). The state's highest court has said the key question is whether a person expected their actual words and voice not to be captured, even if they knew the content might be shared (Fischer v. Hooper). Consent can be shown by words or by actions, so telling your clinician and having them carry on may count, but a clear 'yes' is much safer.
Can I record a telehealth or phone visit in New Hampshire?
The same all-party rule covers phone calls and other 'telecommunications,' which the law defines broadly and which include wireless technology (§ 570-A:1, I and IX). Get your clinician's consent before recording a phone or video visit. If either you or your clinician is in New Hampshire, ask first.
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 New Hampshire. AlignCare does not provide medical or legal advice.
