Recording laws · Vermont

Can You Record Your Doctor Appointment in Vermont?

Last reviewed October 6, 2026

Most likely yes. Vermont has no state law on consent to record conversations, so the federal one-party rule applies and you can record a visit you take part in, but because Vermont law is thin here, telling your clinician is the safest path.

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

Main law: 18 U.S.C. § 2511(2)(d)

Recording an in-person visit

Vermont has no general state wiretap or eavesdropping law. That leaves the federal Wiretap Act, which lets a person who is part of a conversation record it unless the purpose is to commit a crime or a civil wrong. Vermont Supreme Court cases such as State v. Blow (1991) and State v. Geraw (2002) limit secret recording by police in a person's home, but they apply to the government, not to patients recording their own care.

Phone and telehealth visits

The federal one-party rule also covers phone calls and video visits. Vermont's voyeurism law separately bans secretly photographing, filming or recording a person 'in any format' without their knowledge and consent while they are in a private place within a home. If your clinician joins a video visit from home, or you record during a home visit, tell them you are recording so that law is not an issue. If the clinician is in a state that requires everyone's agreement, that state's law may also apply.

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

No Vermont court has decided whether a patient's secret recording could support a privacy lawsuit. Vermont recognizes the 'intrusion upon seclusion' privacy claim, so recording openly is the lowest-risk choice.
The Blow and Geraw decisions protect people from warrantless police recording in the home. They do not create a consent rule for private citizens.
It is unsettled whether Vermont's voyeurism law (13 V.S.A. § 2605(d)) reaches audio-only recording, but its words cover recording a person 'in any format' in a private place within a home.
Recording a conversation you are not part of is a federal crime.
No Vermont 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

Vermont has no general crime for recording conversations. Under 13 V.S.A. § 2605(d), secretly recording a person in a private place within a home without their knowledge and consent is punishable, for a first offense against an adult, by up to two years in prison, a fine of up to $1,000, or both. Under federal law, illegal interception is punishable by a fine, up to five years in prison, or both (18 U.S.C. § 2511(4)(a)).

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.

Vermont law and court decisions

18 U.S.C. § 2511(2)(d): Federal one-party consent rule: a party to a wire, oral or electronic communication may record it unless for a criminal or tortious purpose; applies in Vermont because the state has no wiretap statute
13 V.S.A. § 2605: Voyeurism; subsection (d) bars secretly photographing, filming or recording a person in any format without knowledge and consent in a private place within a home or residence
2026 Vt. Acts & Resolves No. 89 (H.626): Amended § 2605 effective July 1, 2026 (restructured subsections and penalties, added a civil claim for disclosure of illicit images); kept the home surveillance ban
State v. Blow, 157 Vt. 513, 602 A.2d 552 (1991): Warrantless electronic monitoring of a conversation in the defendant's home, through a police informant wearing a transmitter, violated Article 11 of the Vermont Constitution.
State v. Brooks, 157 Vt. 490, 601 A.2d 963 (1991): Warrantless police transmission and recording of a conversation with an informant in a parking lot did not violate Article 11, because there was no comparable expectation of privacy outside the home.
State v. Geraw, 173 Vt. 350, 795 A.2d 1219 (2002): Article 11 bars police from secretly recording an interview in a person's home without a warrant, even when the person invited the officers in.
Hodgdon v. Mt. Mansfield Co., 160 Vt. 150, 624 A.2d 1122 (1992): Recognizes the intrusion upon seclusion tort in Vermont: an intentional intrusion into a person's solitude or private affairs that would be highly offensive to a reasonable person (citation and rule confirmed through secondary sources).

Recent change: Act 89 of 2026 (H.626), signed April 28, 2026 and effective July 1, 2026, revised the voyeurism statute (13 V.S.A. § 2605). It kept the ban on secretly recording a person in a private place within a home, split viewing and recording offenses, extended limitation periods and added a civil claim for disclosing illicit images. Vermont still has no general recording-consent law.

Frequently asked questions

Is Vermont a one-party consent state?

Vermont has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Most likely yes. Vermont has no state law on consent to record conversations, so the federal one-party rule applies and you can record a visit you take part in, but because Vermont law is thin here, telling your clinician is the safest path.

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

Can I record a telehealth or phone visit in Vermont?

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 Vermont. AlignCare does not provide medical or legal advice.