Recording laws · Tennessee

Can You Record Your Doctor Appointment in Tennessee?

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Yes. Tennessee is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, as long as you are part of the conversation and are not recording to commit a crime or a civil wrong.

In-person visit
One-party consentYour consent is enough
Phone or telehealth visit
One-party consentYour consent is enough

Main law: Tenn. Code Ann. § 39-13-601

Recording an in-person visit

Tennessee's wiretapping law says it is lawful for a person to record a conversation they are part of, or one where a participant agreed. As the patient in the exam room, your own consent is enough, even if the doctor does not know. The exception does not protect a recording made to commit a crime or a 'tortious' act (a civil wrong against someone).

Phone and telehealth visits

The same one-party rule covers phone calls and video visits. If your clinician is in a state that requires everyone's agreement, that state's law may also apply, so tell the clinician you are recording when they are out of 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

  • Recording a conversation you are not part of, such as leaving your phone recording in the room after you leave, is a felony.
  • In 2024 Tennessee deleted its own law that let people sue over illegal recordings. Federal law still allows lawsuits for illegal interception, so this does not make secret recording of other people safe.
  • No Tennessee 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

Illegal interception under Tenn. Code Ann. § 39-13-601(a) is a Class D felony (§ 39-13-602). Tennessee's state civil damages section (former § 39-13-603) was deleted by 2024 Public Chapter 1045; federal law (18 U.S.C. § 2520) still provides a civil claim for unlawful interception.

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.

Tennessee law and court decisions

Recent change: 2024 Public Chapter 1045 (SB 2221, House Amendment HA1074) deleted Tennessee's civil damages section for illegal interception (§ 39-13-603) and rewrote § 39-13-601(d) to say the law does not restrict businesses sharing communications with vendors or using website technology such as cookies and pixels. The one-party rule in § 39-13-601(b)(5) did not change.

Frequently asked questions

Is Tennessee a one-party consent state?

Tennessee has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Tennessee is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, as long as you are part of the conversation and are not recording to commit a crime or a civil wrong.

Do I need my doctor's permission to record a visit in Tennessee?

Tennessee's wiretapping law says it is lawful for a person to record a conversation they are part of, or one where a participant agreed. As the patient in the exam room, your own consent is enough, even if the doctor does not know. The exception does not protect a recording made to commit a crime or a 'tortious' act (a civil wrong against someone).

Can I record a telehealth or phone visit in Tennessee?

The same one-party rule covers phone calls and video visits. If your clinician is in a state that requires everyone's agreement, that state's law may also apply, so tell the clinician you are recording when they are out of 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 Tennessee. AlignCare does not provide medical or legal advice.

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Medical Disclaimer: This app does not provide medical advice, diagnosis, or treatment. It is for informational and organizational purposes only. Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition and before making medical decisions.