Recording a Telehealth Visit — Do You Need Permission?

Most states have wiretap or eavesdropping laws that say whether you need permission to record a conversation. In many states, that law allows one person to record a conversation as long as one person consents—even if the others don't know. But telehealth visits can trigger a different rule. Some states have passed telehealth-specific laws or regulations that require consent to record a telehealth encounter, and those rules can be stricter than the state's general wiretap law. In those states, the telehealth rule can override the usual one-party consent standard and require all parties to agree before anyone can record. This isn't about whether the conversation is private; it's about the delivery method. If the same conversation happened in a clinic exam room instead of on a video call, the general wiretap rule would apply. But because it's happening via telehealth, a separate telehealth-specific consent requirement can kick in.

States created these telehealth-specific consent rules because telehealth visits involve technology and multiple locations, which raises different privacy concerns than in-person care. The concern isn't just about whether the recording is legal under wiretap law; it's about protecting the integrity of the telehealth modality itself. Some states treat the requirement to get consent before recording a telehealth visit as a condition for using telehealth at all. In other words, if a provider records a telehealth visit without the required consent, they may face discipline from the state licensing board—not just a fine under the wiretap statute. The focus is on the provider's professional obligations when delivering care through telehealth, not just the participants' expectations of privacy.

These telehealth-specific recording consent rules apply only to visits conducted through telehealth or video technology, not to the same conversation happening in person. A telehealth visit typically means a live, interactive video or audio encounter between a provider and a patient, often for diagnosis, treatment, or consultation. It doesn't include routine phone calls that aren't part of a structured telehealth program, nor does it cover recordings made during in-person visits. The key is the use of telehealth technology to deliver the care. If the provider is using a telehealth platform to see you, the telehealth recording rule can apply. If you're in the same room with the provider and they record the visit with a tablet or phone, the general wiretap rule likely applies instead.

In states with telehealth-specific recording rules, the consent requirement can be more demanding than the state's general wiretap law. For example, a state might allow one-party consent for most recordings but require all parties to consent before recording a telehealth visit. This means everyone on the call—provider, patient, interpreter, family member—must agree before anyone can hit record. Some states frame this as a condition for using telehealth at all, so a provider who records without consent could face licensing discipline even if the recording itself wouldn't violate the wiretap statute. The rule isn't about whether the recording is admissible in court; it's about whether the provider followed the telehealth-specific consent process before making the recording.

If a provider records a telehealth visit without the required consent, the consequences can go beyond a typical wiretap violation. Because these rules are often tied to the provider's telehealth license or professional obligations, the state licensing board may take action against the provider's license. This could include fines, required training, or even suspension of the provider's ability to practice telehealth in that state. The patient or other participants on the call may also have legal claims under the state's telehealth laws or licensing regulations. It's important to note that these consequences are separate from any penalties under the state's general wiretap law, which might still apply if the recording violated privacy rules more broadly.

You might assume that if you're the patient, you have the right to record your own visit for your records. But in states with telehealth-specific consent rules, that assumption can be wrong. Even if you're the one holding the phone or computer, you may not be allowed to record the telehealth visit without everyone's consent. This is because the telehealth rule isn't about who is doing the recording; it's about the delivery method of the care. If the visit is happening via telehealth, the consent requirement applies to everyone on the call, regardless of who initiates the recording. Providers in these states often include consent language in their telehealth consent forms, so it's worth checking what the provider's policy says before you start recording.

Not every telehealth visit triggers this separate consent requirement. Some states limit these rules to specific types of telehealth services or settings, such as behavioral health visits or visits conducted through a state-licensed telehealth platform. The rule may not apply to routine follow-ups or administrative calls that don't involve clinical care. It also may not apply if the visit is conducted entirely by audio, without video, depending on the state's definition of telehealth. And if the provider is not using telehealth technology—for example, if they're just on a regular phone call with you—the general wiretap rule applies instead. The key is whether the visit is structured as a telehealth encounter under the state's rules.

Imagine a patient in a state with a telehealth-specific consent rule attends a video visit with a psychiatrist. During the session, the patient's family member, who is also on the call, starts recording the visit on their phone without telling anyone. Later, the provider discovers the recording and learns that no one on the call consented to it. Under the state's telehealth rules, the provider could face licensing discipline for failing to ensure the required consent was obtained before the recording was made. The family member might also face consequences under the state's telehealth regulations, separate from any penalties under the general wiretap law. This scenario shows why it's important to clarify consent before anyone records a telehealth visit, even if the visit seems routine.