Can You Record Your Doctor Appointment in Washington?
Last reviewed
Only with everyone's agreement. Washington requires the consent of all participants to record a private conversation, but the law counts it as consent if you clearly announce at the start that you are recording and the announcement is captured on the recording.
- In-person visit
- All-party consentEveryone must agree
- Phone or telehealth visit
- All-party consentEveryone must agree
Main law: RCW 9.73.030
Recording an in-person visit
RCW 9.73.030 bans recording a private in-person conversation without the consent of everyone taking part. A visit with your doctor in a closed exam room is very likely 'private' under the factors Washington courts use (the topic, the place, who else is present, and the relationship between the people). The law treats consent as given if you announce to everyone that you are about to record and that announcement is on the recording. If a nurse, student or interpreter joins later, they need to hear the announcement too.
Phone and telehealth visits
The same all-party rule covers phone calls and video visits, including calls that cross state lines. Washington's Supreme Court has said a recording is judged by the law of the place where it is made, so if you are in Washington you must follow Washington's rule even when the clinician is elsewhere. If you are in another state and your clinician is in Washington, announcing the recording is still the safest choice.
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
- Secretly recording a private conversation is a crime (a gross misdemeanor) and can lead to a lawsuit.
- A recording made in violation of the law generally cannot be used as evidence in a Washington court.
- Washington courts have said a person who knows they are being recorded is treated as consenting, but the clearest path is a spoken announcement at the start of the recording.
- If the clinician objects after your announcement, stop recording. The law does not clearly protect recording over an objection.
- Because a recorded announcement counts as consent, some guides describe Washington as a 'notice' state rather than a strict all-party consent state.
What happens if you break the law
Violating RCW 9.73.030 is a gross misdemeanor (RCW 9.73.080). A person injured by a violation can sue for actual damages, including mental pain and suffering, or liquidated damages of $100 a day, not to exceed $1,000, plus attorney's fees and costs (RCW 9.73.060). Recordings made in violation are inadmissible in Washington courts except in narrow cases (RCW 9.73.050).
How to ask your clinician
Ask before you start, and record the answer so there's no doubt later:
“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.
Washington law and court decisions
- RCW 9.73.030: All-party consent to record private communications (phone and other devices) and private conversations; subsection (3) treats a recorded announcement as consent
- RCW 9.73.050: Information obtained in violation is inadmissible in civil and criminal cases
- RCW 9.73.060: Civil action for damages
- RCW 9.73.080: Violation of RCW 9.73.030 is a gross misdemeanor
- State v. Kipp, 179 Wn.2d 718, 317 P.3d 1029 (2014): A secretly recorded conversation in a home kitchen was 'private'; whether a conversation is private depends on subjective intent and reasonableness, judged by duration and subject matter, location, presence of third parties, and the role and relationship of the parties.
- State v. Townsend, 147 Wn.2d 666, 57 P.3d 255 (2002): A communicating party is deemed to consent to recording when the party knows the messages will be recorded (there, email and instant messages).
- State v. Fowler, 157 Wn.2d 387, 139 P.3d 342 (2006): Whether a recording is lawful is decided under the law of the place where it is made, so calls recorded in Oregon (legal there) were admissible even though the Washington party did not consent.
Recent change: No change to the consent rule. 2023 c 193 amended RCW 9.73.040 and 9.73.260 to bar court-ordered interceptions and pen registers in investigations of 'protected health care services' that are lawful in Washington; it does not affect patients recording their own visits. RCW 9.73.030 was last amended in 2021 (custodial interrogation recordings).
Frequently asked questions
Is Washington a one-party consent state?
Washington has an all-party consent rule, so everyone in the conversation must agree, for in-person conversations and for phone and video calls. Only with everyone's agreement. Washington requires the consent of all participants to record a private conversation, but the law counts it as consent if you clearly announce at the start that you are recording and the announcement is captured on the recording.
Do I need my doctor's permission to record a visit in Washington?
RCW 9.73.030 bans recording a private in-person conversation without the consent of everyone taking part. A visit with your doctor in a closed exam room is very likely 'private' under the factors Washington courts use (the topic, the place, who else is present, and the relationship between the people). The law treats consent as given if you announce to everyone that you are about to record and that announcement is on the recording. If a nurse, student or interpreter joins later, they need to hear the announcement too.
Can I record a telehealth or phone visit in Washington?
The same all-party rule covers phone calls and video visits, including calls that cross state lines. Washington's Supreme Court has said a recording is judged by the law of the place where it is made, so if you are in Washington you must follow Washington's rule even when the clinician is elsewhere. If you are in another state and your clinician is in Washington, announcing the recording is still the safest choice.
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 Washington. AlignCare does not provide medical or legal advice.
