Can You Record Your Doctor Appointment in Utah?
Last reviewed
Yes. Utah is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, unless you are 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: Utah Code § 77-23a-4
Recording an in-person visit
Utah's Interception of Communications Act lets a person record a wire, electronic or oral (in-person) communication they are part of. As the patient in the exam room, your own consent is enough, and the doctor does not have to know. Utah's separate privacy crimes also define illegal eavesdropping as recording without the consent of at least one party.
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
- The one-party rule does not protect a recording made to commit a crime or a civil wrong against someone.
- Recording a conversation you are not part of is generally a third degree felony. Installing a device in a private place to record without consent is a separate misdemeanor, so do not leave a recorder behind in an exam room.
- Utah moved its privacy crimes to new section numbers in 2025 (now §§ 76-12-301 to 76-12-303), so older guides may cite outdated numbers.
- No Utah 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 is generally a third degree felony (Utah Code § 77-23a-4(10)(a)). A victim can recover the greater of actual damages plus the violator's profits, or statutory damages of $100 a day or $10,000 (whichever is greater), plus punitive damages and attorney fees (§ 77-23a-11). Unlawful privacy violation (§ 76-12-302) and unlawful interception of a private communication (§ 76-12-303) are class B misdemeanors, and injured persons can sue for actual damages, an injunction and attorney fees.
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.
Utah law and court decisions
- Utah Code § 77-23a-4: Interception offenses and penalties; § 77-23a-4(7)(b) allows a party, or a person with one party's prior consent, to intercept unless for a criminal or tortious purpose
- Utah Code § 77-23a-3: Definitions, including 'intercept' and 'oral communication'
- Utah Code § 77-23a-11: Civil remedy and damages for unlawful interception
- Utah Code § 76-12-301: Defines 'eavesdrop' as recording without the consent of at least one party, and 'private place'
- Utah Code § 76-12-302: Unlawful privacy violation, including installing a recording device in a private place without consent; civil action
- Utah Code § 76-12-303: Unlawful interception of a private message without the consent of the sender or receiver; civil action
Recent change: In the 2025 General Session, Chapter 173 renumbered Utah's privacy offenses out of Title 76, Chapter 9, Part 4 into a new Chapter 12 (now §§ 76-12-301 to 76-12-303), effective May 7, 2025. The eavesdropping definition still uses an 'at least one party' consent standard. Chapter 302 (2025) made a wording-only change to the § 77-23a-3 definitions. The one-party rule in § 77-23a-4 was last amended in 2011.
Frequently asked questions
Is Utah a one-party consent state?
Utah has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Utah is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, unless you are recording to commit a crime or a civil wrong.
Do I need my doctor's permission to record a visit in Utah?
Utah's Interception of Communications Act lets a person record a wire, electronic or oral (in-person) communication they are part of. As the patient in the exam room, your own consent is enough, and the doctor does not have to know. Utah's separate privacy crimes also define illegal eavesdropping as recording without the consent of at least one party.
Can I record a telehealth or phone visit in Utah?
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 Utah. AlignCare does not provide medical or legal advice.
