Can You Record Your Doctor Appointment in South Dakota?
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Yes. South Dakota is a one-party consent state, so you can record your own doctor visit without asking the clinician, because you are part of the conversation.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: S.D. Codified Laws § 23A-35A-20
Recording an in-person visit
South Dakota's eavesdropping law makes recording a crime only when the person recording is not part of the conversation and no one in it agreed. As the patient, you are a party, so your own consent is enough to record what is said in the exam room. The doctor, nurse or anyone else in the room does not have to agree. Telling your care team anyway is a good way to avoid surprises.
Phone and telehealth visits
The same one-party rule covers phone calls and video visits, because the law protects any 'sender or receiver' who records with their own consent. If your clinician is in another state, that state's law may also apply, and some states (Washington is one) require everyone's agreement. When the clinician is out of state, 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 a recorder running in the room after you step out. Recording a conversation you are not part of, without anyone's consent, is a felony in South Dakota.
- A separate law makes it a misdemeanor to install a hidden recording device in a private place without consent, so keep your phone with you instead of leaving a device behind.
- No South Dakota law gives patients a special right to record, so a clinic can still have its own recording policy.
What happens if you break the law
Overhearing or recording a conversation you are not part of, without the consent of a party, is a Class 5 felony (SDCL 23A-35A-20). Installing a recording device in a private place without consent is a Class 1 misdemeanor (SDCL 22-21-1). South Dakota's interception chapter (SDCL ch. 23A-35A) has no civil damages section.
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.
South Dakota law and court decisions
- S.D. Codified Laws § 23A-35A-20: Felony to overhear or record a communication or conversation by someone who is not a sender, receiver or person present, without a party's consent
- S.D. Codified Laws § 23A-35A-1: Definitions, including 'eavesdropping device', 'intercept', 'oral communication' and 'electronic communication'
- S.D. Codified Laws § 22-21-1: Misdemeanor to trespass to eavesdrop, or to install a recording device in a private place without consent
- State v. Braddock, 452 N.W.2d 785 (S.D. 1990): As summarized in the RCFP guide, one participant's consent takes a recorded conversation outside South Dakota's wiretap ban (opinion text not reviewed directly).
Frequently asked questions
Is South Dakota a one-party consent state?
South Dakota has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. South Dakota is a one-party consent state, so you can record your own doctor visit without asking the clinician, because you are part of the conversation.
Do I need my doctor's permission to record a visit in South Dakota?
South Dakota's eavesdropping law makes recording a crime only when the person recording is not part of the conversation and no one in it agreed. As the patient, you are a party, so your own consent is enough to record what is said in the exam room. The doctor, nurse or anyone else in the room does not have to agree. Telling your care team anyway is a good way to avoid surprises.
Can I record a telehealth or phone visit in South Dakota?
The same one-party rule covers phone calls and video visits, because the law protects any 'sender or receiver' who records with their own consent. If your clinician is in another state, that state's law may also apply, and some states (Washington is one) require everyone's agreement. When the clinician is out of state, 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 South Dakota. AlignCare does not provide medical or legal advice.
