Can You Record Your Doctor Appointment in North Dakota?
Last reviewed
Yes. North Dakota allows a person who is part of a conversation to record it, so you can record your own doctor visit without the clinician's permission.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: N.D. Cent. Code § 12.1-15-02
Recording an in-person visit
North Dakota makes intercepting a private conversation a felony, but it is a defense if you are a party to the conversation and you are not recording to commit a crime or other unlawful harm (N.D. Cent. Code § 12.1-15-02). Recording your own exam room visit so you can review it later fits that rule. You do not have to tell the clinician or get their agreement.
Phone and telehealth visits
The same rule covers phone calls. North Dakota's law is written around phone ('wire') and in-person ('oral') communications, and federal law separately lets a participant record calls and video visits. If your clinician is in a state that requires everyone's consent (such as California or Pennsylvania), that state's law might apply to the call, so the safest choice is to tell them you are recording.
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
- Do not leave your phone recording if you step out of the room. Recording a conversation you are not part of is a felony.
- The defense does not apply if you record in order to commit a crime or 'other unlawful harm.'
- North Dakota also makes it a misdemeanor to secretly loiter around a building to overhear conversations and repeat them to annoy or hurt others. That law targets eavesdroppers, not patients recording their own visits.
- A clinic's no-recording policy does not make your recording a crime under this law, but staff can ask you to stop.
- HIPAA, the federal health privacy law, applies to health plans and health care providers, not to patients, so it does not stop you from recording your own visit.
- No North Dakota statute addresses patients recording doctor visits. A separate law lets residents of long-term care facilities use monitoring or recording devices in their own rooms under set conditions (N.D. Cent. Code § 50-10.2-02.1); it does not cover doctor visits.
What happens if you break the law
Illegal interception, or knowingly disclosing or using illegally intercepted content, is a class C felony (N.D. Cent. Code § 12.1-15-02), punishable by up to five years in prison, a $10,000 fine, or both (§ 12.1-32-01). Secret eavesdropping by loitering is a class A misdemeanor. North Dakota's interception law has no civil damages provision.
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.
North Dakota law and court decisions
- N.D. Cent. Code § 12.1-15-02: Interception is a class C felony; defense if you are a party and are not recording to commit a crime or other unlawful harm; secret loitering to overhear is a class A misdemeanor
- N.D. Cent. Code § 12.1-15-04: Definitions of 'intercept', 'oral communication' and 'wire communication'
- N.D. Cent. Code § 12.1-32-01: Maximum penalties for each class of offense
- N.D. Cent. Code § 50-10.2-02.1: Resident monitoring and recording devices in long-term care facility rooms (not doctor visits)
- 18 U.S.C. § 2511(2)(d): Federal rule letting a participant record a call or conversation unless the purpose is criminal or tortious
Recent change: None found for §§ 12.1-15-02 and 12.1-15-04.
Frequently asked questions
Is North Dakota a one-party consent state?
North Dakota has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. North Dakota allows a person who is part of a conversation to record it, so you can record your own doctor visit without the clinician's permission.
Do I need my doctor's permission to record a visit in North Dakota?
North Dakota makes intercepting a private conversation a felony, but it is a defense if you are a party to the conversation and you are not recording to commit a crime or other unlawful harm (N.D. Cent. Code § 12.1-15-02). Recording your own exam room visit so you can review it later fits that rule. You do not have to tell the clinician or get their agreement.
Can I record a telehealth or phone visit in North Dakota?
The same rule covers phone calls. North Dakota's law is written around phone ('wire') and in-person ('oral') communications, and federal law separately lets a participant record calls and video visits. If your clinician is in a state that requires everyone's consent (such as California or Pennsylvania), that state's law might apply to the call, so the safest choice is to 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 North Dakota. AlignCare does not provide medical or legal advice.
