Can You Record Your Doctor Appointment in Texas?
Last reviewed
Yes. Texas is a one-party consent state, so you can record your own doctor visit without the clinician's permission, because you are a party to the conversation.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: Tex. Penal Code § 16.02
Recording an in-person visit
Texas Penal Code § 16.02 makes it a defense to the interception crime that the person recording was a party to the conversation. As the patient in the exam room, you are a party, so you do not need the doctor's or nurse's consent. Texas's civil law on interception also only covers recordings made without the consent of any party.
Phone and telehealth visits
The same rule covers phone calls and video visits. If your clinician is in another state that requires everyone's consent, that state's law could also apply, so tell them you are recording in that case.
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 a phone recording in the room after you step out, is a second-degree felony in Texas and can lead to a lawsuit.
- No Texas 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
Unlawful interception is a felony of the second degree (Tex. Penal Code § 16.02(f)). A person whose communication is illegally intercepted can get an injunction, statutory damages of $10,000 for each occurrence, actual damages above $10,000, punitive damages, and attorney's fees and costs (Tex. Civ. Prac. & Rem. Code § 123.004).
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.
Texas law and court decisions
- Tex. Penal Code § 16.02: Unlawful interception of wire, oral or electronic communications; § 16.02(c)(4) defense when a person not acting under color of law is a party or has a party's prior consent
- Tex. Civ. Prac. & Rem. Code §§ 123.001 to 123.004: Civil cause of action; 'interception' defined as made without the consent of a party; damages
- Tex. Code Crim. Proc. art. 18A.001: Definitions of 'intercept', 'oral communication', 'wire communication' and 'electronic communication' used by § 16.02
Frequently asked questions
Is Texas a one-party consent state?
Texas has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Texas is a one-party consent state, so you can record your own doctor visit without the clinician's permission, because you are a party to the conversation.
Do I need my doctor's permission to record a visit in Texas?
Texas Penal Code § 16.02 makes it a defense to the interception crime that the person recording was a party to the conversation. As the patient in the exam room, you are a party, so you do not need the doctor's or nurse's consent. Texas's civil law on interception also only covers recordings made without the consent of any party.
Can I record a telehealth or phone visit in Texas?
The same rule covers phone calls and video visits. If your clinician is in another state that requires everyone's consent, that state's law could also apply, so tell them you are recording in that case.
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 Texas. AlignCare does not provide medical or legal advice.
