Recording Consent Laws in the US Your Veterinary Clinic Needs to Know

Using a veterinary AI scribe saves time and energy. But before you start reaping the benefits of a less cluttered mind, it’s essential to know what you need to do to be compliant. 

In the US, recording laws vary by state, and the key difference is whether consent is required from one participant or everyone involved. 

At a glance

• US federal law requires one person in the conversation to agree, and in your exam room that person is you.

• 11 states need everyone in the conversation to consent first. 

• Four states have different rules depending on whether you’re on the phone or face- to-face. 

• In the interest of transparency, it’s best to ask every client in every state. One sentence at the start of every consult will have you covered in all 50 states, and clients appreciate the courtesy. 

Consent laws can change as statutes are amended and courts issue new rulings. This is an overview to get you started. 

Always Ask Anyway

In 35 states plus Washington, DC, you can legally record a conversation you’re part of without informing the other participants. Even when consent isn’t legally required, asking is still the respectful thing to do.

Being upfront about recording shows clients that you value their privacy and their role in the conversation. It also helps build trust between the client and clinician, especially when recording is introduced clearly and matter-of-factly at the start of the consultation.

In practice, it can be simple. A quick request for consent is usually all it takes, and making it part of your standard intake process helps ensure every client is treated with the same transparency and courtesy.

Three Ways to Ask For Consent

Compliance can sound complicated, especially when recording laws vary from state to state. In practice, though, the safest approach is pretty simple: be transparent, ask for consent, and make it part of your normal clinic workflow.

Ask at the start of the appointment. 

A quick, straightforward explanation is often enough.

Before the appointment begins, you might say, “I use a tool that listens during the appointment and helps draft my notes, so I can focus more on you and Bella. Is that okay with you?”

It only takes a few seconds, and it gives the client a clear opportunity to say yes or ask questions.

Include it in your intake paperwork. 

Add a short consent statement covering the use of recording for documentation. It can help set expectations before the appointment, but it’s still worth mentioning the first time you record a visit rather than relying on the form alone.

Make your policy visible. 

A small notice in reception or the exam room can reinforce what clients have already been told. Keep it simple and clear, for example: “Conversations may be recorded to help us create accurate medical records.”

For phone calls, mention the recording when the call begins. If another person joins the call later, make sure they know as well.

Three Categories of Recording Consent

The main difference between state recording laws is how many people need to consent, and in a few states, the answer also depends on how the conversation takes place.

One-party consent 

One person in the conversation needs to know and agree. In most one-party states, if you’re part of the conversation, that requirement is satisfied.

All-party consent 

Everyone in the conversation has to agree before recording starts. Recording without the required consent can create civil liability and, in some states, criminal exposure.

Mixed or conditional

The rule changes depending on whether the conversation happens on the phone or in person. Two of the three states are stricter in the room than on the line, which is the reverse of what most people assume.

Recording Consent Requirements By State

Recording consent laws are often explained in the context of phone calls and journalism, which can make them harder to apply to what actually happens in a veterinary exam room. But they still apply there, and clinics need to understand what their state requires before recording client conversations.

One-party consent states

One person in the conversation generally needs to consent to the recording. If the clinician is part of the conversation, that requirement is usually satisfied, subject to the exceptions noted below.

¹ Georgia. Audio is one-party. Video recording of private activities needs everyone to agree.

² Hawaii. The state privacy law needs all parties to agree to recording in a private place, and a consult room arguably qualifies. Ask.

³ Indiana. The statute covers phone and electronic communications. It does not clearly cover in-person conversations, so ask in the room.

⁴ Maine. All parties must agree in places like changing rooms and bathrooms.

⁵ New Mexico. The statute covers landline calls. In-person conversations are not covered at all.

⁶ Vermont. No state statute, so federal one-party consent applies.

All-party consent states

Everyone in the conversation has to agree before recording starts. Ask before every consult and every call.

¹ California. Applies to confidential conversations, and to every mobile and cordless call whether confidential or not.

² Delaware. The wiretap law reads as one-party and the newer privacy law reads as all-party. Both carry criminal penalties, so follow the stricter one.

³ Illinois. Covers private conversations and calls made with a reasonable expectation of privacy.

⁴ Michigan. Courts disagree on whether someone in the conversation can record without the others agreeing. Take the safe route.

⁵ Washington. A clear spoken announcement that recording is about to start counts as obtaining consent.

Mixed and conditional states

Four states treat a phone call and a face-to-face conversation differently.

Connecticut. All-party consent on calls avoids civil liability.

Missouri. In-person recordings need all parties to agree where there is a reasonable expectation of privacy, which may include a private exam room. Ask before every consult.

Nevada. All parties must agree to record a call, even though the statute text reads as one-party. Ask on every call.

Oregon. In-person recording has required all parties to be specifically informed. A 2023 Ninth Circuit ruling narrowed that rule for conversations in public places, which does not describe a consult room. Ask before every consult.

Three Things Practices Need to Consider

A clinic can have a clear consent policy and still run into situations where the rules are less obvious. These are the three scenarios worth planning for.

Telemedicine across state lines

When a client in Seattle joins a video consult with a vet in Boise, the safe approach is to follow the stricter rule. 

Ask on every remote consult and you don’t have to untangle which state’s rule applies.

In-person is not a loophole

A conversation in the exam room is not exempt because there is no phone involved. Missouri and Oregon are stricter in the room than on the phone, and Hawaii's privacy law may reach a private consult room too. 

Everywhere else, treat a face-to-face conversation exactly as you treat a call.

When a call changes hands

One notice at the start of a call covers the person who heard it. Say it again when someone new picks up.

What Happens to the Recording?

Clients are often less concerned about the fine print of state law than they are about what happens to the recording afterwards. With CoVet, the answer is straightforward.

Your practice stays in control

Under our data processing agreement, your practice is the controller and CoVet is the processor. In practical terms, you decide what gets recorded and how it is used, and you keep all rights to the recording, transcript and finished note.

It is not used to train AI models

CoVet does not use recordings, transcripts or generated notes to train or fine-tune AI models, and we do not allow our AI providers to do so either. Where a practice handles protected health information, we also do not sell it or use it for underwriting.

It is protected with strong security controls

Recordings and other data are encrypted in transit and at rest, with role-based access, least-privilege controls, and regular access reviews. CoVet is SOC 2 Type II, ISO 27001, HIPAA, GDPR and PIPEDA compliant.

You can ask us to delete it

If you want a recording removed, let us know. We can delete it from active systems and, where applicable, from backups and downstream systems, and confirm the deletion in writing.

We’re Here to Help

Consent and recording requirements can raise questions. If you want to talk through consent, privacy, security, or how CoVet handles recordings and client data, our team is happy to help.

You can visit the CoVet Help Center for additional resources, chat directly with a member of our Customer Success team from inside CoVet, or contact us here.

We can also provide the documentation and resources your practice, IT team, or legal counsel may need when reviewing CoVet.

Use CoVet with a clear consent workflow

A consistent consent process makes it easier for teams to introduce AI documentation transparently. Book a CoVet demo to see how recording, transcripts, documentation, privacy, and security fit into your practice workflow.

Sources

• Reporters Committee for Freedom of the Press. Reporter’s Recording Guide. https://www.rcfp.org/reporters-recording-guide/. State classifications and statutory references in this article were drawn from this guide.

• Animal Policy Group. Memorandum on One-Party, Two-Party, and Mixed Consent States. Used as a secondary source to cross-check state classifications.

• CoVet. Privacy Policy. https://co.vet/privacy.

• CoVet. Data Processing Agreement. https://co.vet/data-processing.

This article is provided for general educational purposes and does not constitute legal advice. Recording and consent requirements may change as statutes are amended or interpreted by courts. Practices should consult their own legal counsel or relevant state board when establishing a recording policy. Where the law is unclear or disputed, obtaining consent from everyone involved in the conversation is the more cautious approach.