Can You Record Your Doctor Appointment in Virginia?
Last reviewed
Yes. Virginia is a one-party consent state, so you can record your own doctor visit without the clinician's permission, 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: Va. Code § 19.2-62
Recording an in-person visit
Va. Code § 19.2-62 says it is not a crime to record a conversation you are a party to, or one where a participant agreed beforehand. That covers recording your own exam-room visit, even if the clinician does not know. Virginia's exception does not mention a 'criminal or tortious purpose' limit, but the federal one-party rule does, so do not record to harm 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 is a Class 6 felony in Virginia.
- Virginia sets higher damages when an outsider illegally intercepts a conversation between a patient and a licensed healthcare practitioner. This applies to eavesdroppers, not to a patient recording their own visit.
- No Virginia law gives patients a special right to record, so a clinic can still have its own recording policy.
- Va. Code § 19.2-69 doubles the minimum civil damages (to $800 a day or $8,000) when an illegally intercepted communication is between a licensed practitioner of the healing arts and a patient. It does not restrict a patient's own lawful one-party recording.
What happens if you break the law
Illegal interception is a Class 6 felony (Va. Code § 19.2-62(A)). A person whose communication is illegally intercepted can recover actual damages, but not less than liquidated damages of $400 a day or $4,000 (whichever is higher), raised to $800 a day or $8,000 for communications between a licensed practitioner of the healing arts and a patient, plus punitive damages and attorney fees (§ 19.2-69).
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.
Virginia law and court decisions
- Va. Code § 19.2-62: Interception offenses (Class 6 felony); subsection B.2 says it is not a criminal offense for a party, or with one party's prior consent, to intercept
- Va. Code § 19.2-61: Definitions of 'intercept', 'oral communication', 'wire communication' and 'electronic communication'
- Va. Code § 19.2-69: Civil action and liquidated damages, with higher amounts for practitioner-patient communications
Frequently asked questions
Is Virginia a one-party consent state?
Virginia has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Virginia is a one-party consent state, so you can record your own doctor visit without the clinician's permission, because you are part of the conversation.
Do I need my doctor's permission to record a visit in Virginia?
Va. Code § 19.2-62 says it is not a crime to record a conversation you are a party to, or one where a participant agreed beforehand. That covers recording your own exam-room visit, even if the clinician does not know. Virginia's exception does not mention a 'criminal or tortious purpose' limit, but the federal one-party rule does, so do not record to harm someone.
Can I record a telehealth or phone visit in Virginia?
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 Virginia. AlignCare does not provide medical or legal advice.
