Can You Record Your Doctor Appointment in Pennsylvania?
Last reviewed
Only with everyone's consent. Pennsylvania requires every party to agree before a conversation is recorded, though courts count it as consent when the clinician knows or should know you are recording and keeps talking, so tell them first.
- In-person visit
- All-party consentEveryone must agree
- Phone or telehealth visit
- All-party consentEveryone must agree
Main law: 18 Pa.C.S. § 5703
Recording an in-person visit
Pennsylvania makes it a felony to record a private conversation unless all parties have consented (18 Pa.C.S. §§ 5703, 5704(4)). The rule covers in-person talks where the speaker reasonably expects not to be recorded, and a conversation in a closed exam room very likely qualifies. The Pennsylvania Supreme Court has held that consent exists when a person knew or should have known they were being recorded (Commonwealth v. Byrd), so clearly telling the clinician before you start, and having them go ahead, is the practical way to comply. If the clinician says no, do not record.
Phone and telehealth visits
Phone calls and video visits also need every party's consent, and for these the law applies whether or not anyone expected privacy. Asking 'Is it OK if I record this call?' and getting a yes is the safe approach. Pennsylvania courts look at where a recording is made, so the all-party rule applies to recordings you make in Pennsylvania even if the clinician is in a one-party 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
- Secretly recording a doctor visit in Pennsylvania can be a felony, even with a phone app. A Pennsylvania appeals court held that using a phone's voice memo app to secretly record an in-person meeting broke the law (Commonwealth v. Smith).
- A posted 'no recording' sign or a clinician who says no means you do not have consent.
- Many people ask at the start of the recording, so the clinician's answer is captured too.
- Do not leave your phone recording if you step out of the room. Recording a conversation you are not part of is a felony.
- 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.
- None found. No Pennsylvania statute specifically addresses patients recording their own medical visits.
What happens if you break the law
Illegal interception is a felony of the third degree (18 Pa.C.S. § 5703), punishable by up to seven years in prison (§ 1103) and a fine of up to $15,000 (§ 1101). A person whose conversation is illegally recorded can sue for actual damages of at least $100 a day or $1,000 (whichever is higher), plus punitive damages and attorney's fees (§ 5725).
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.
Pennsylvania law and court decisions
- 18 Pa.C.S. § 5703: Intercepting, disclosing or using a wire, electronic or oral communication is a third-degree felony
- 18 Pa.C.S. § 5704(4): Recording is allowed only when all parties have given prior consent
- 18 Pa.C.S. § 5702: Definitions: 'oral communication' requires a justified expectation of not being recorded; 'wire' and 'electronic' communications have no such requirement
- 18 Pa.C.S. § 5725: Civil lawsuit and damages for unlawful interception
- 18 Pa.C.S. § 1103(3): Maximum prison term for a third-degree felony
- 18 Pa.C.S. § 1101(3): Maximum fine for a third-degree felony
- Commonwealth v. Byrd, 235 A.3d 311 (Pa. 2020): Prior consent under the all-party exception exists when a person knew or should have known they were being recorded, judged by a reasonable-person standard.
- Commonwealth v. Smith, 136 A.3d 170 (Pa. Super. 2016): Secretly recording an in-person meeting with a smartphone voice memo app is an illegal interception, just like using a hidden tape recorder.
- Agnew v. Dupler, 717 A.2d 519 (Pa. 1998): An in-person conversation is protected only if the speaker expected not to be recorded and that expectation was reasonable; casual talk in an open police squad room did not qualify.
- Larrison v. Larrison, 750 A.2d 895 (Pa. Super. 2000): A call with a Pennsylvania caller that was recorded in New York by a party to the call was governed by New York's one-party rule and could be used in a Pennsylvania court.
Recent change: Act 53 of 2023 (signed December 14, 2023) added § 5704(19), which lets a person record calls from telemarketers and robocallers with their own consent. Act 53 of 2025 (signed November 24, 2025) amended the definition of 'oral communication' as it relates to recordings by uniformed law enforcement officers. Neither change affects patients recording medical visits.
Frequently asked questions
Is Pennsylvania a one-party consent state?
Pennsylvania 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 everyone's consent. Pennsylvania requires every party to agree before a conversation is recorded, though courts count it as consent when the clinician knows or should know you are recording and keeps talking, so tell them first.
Do I need my doctor's permission to record a visit in Pennsylvania?
Pennsylvania makes it a felony to record a private conversation unless all parties have consented (18 Pa.C.S. §§ 5703, 5704(4)). The rule covers in-person talks where the speaker reasonably expects not to be recorded, and a conversation in a closed exam room very likely qualifies. The Pennsylvania Supreme Court has held that consent exists when a person knew or should have known they were being recorded (Commonwealth v. Byrd), so clearly telling the clinician before you start, and having them go ahead, is the practical way to comply. If the clinician says no, do not record.
Can I record a telehealth or phone visit in Pennsylvania?
Phone calls and video visits also need every party's consent, and for these the law applies whether or not anyone expected privacy. Asking 'Is it OK if I record this call?' and getting a yes is the safe approach. Pennsylvania courts look at where a recording is made, so the all-party rule applies to recordings you make in Pennsylvania even if the clinician is in a one-party 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 Pennsylvania. AlignCare does not provide medical or legal advice.
