Is it legal for a doctor’s appointment to be recorded without the physician’s consent if the patient is the one doing the recording?

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Is it legal for a doctor’s appointment to be recorded without the physician’s consent if the patient is the one doing the recording?

I have had a pending work comp claim in the state of IL for about 14 weeks now with no benefits. I have a work comp attorney who is handling the claim. Although the injuries happened in IL where I worked and the

work comp claim was filed, I live in IA a 10 minute drive to IL. So, as it’s much more convenient, I’ve been being treated and seen by physicians in IA. My worker’s comp attorney said that she could not answer or make any recommendations to my question because she is not licensed in IA and is not familiar with IA law. In IL I know it is illegal to record a doctor’s appointment without the physician’s knowledge and agreement. I

thought IA was a 1-party consent state but wanted to verify by someone familiar with IA law. Is it legal to voice record a doctor’s appointment, between just a licensed physician and patient, without the consent of the doctor if the patient is the only party doing the recording?

Asked on November 30, 2018 under Personal Injury, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IA is what is known an a "1 party consent" state. This means that so long as 1 party to a conversation consents to its being recorded, it is legal to do so. In other words, as a party to the conversation with your doctor, you may record it even without your physician's knowledge. 


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