Q: In a 2 party state, can you record conversations with a doctor? What if they say "no," but don't stop the interaction?

A: In California, which is a two-party consent state, it is illegal to record confidential conversations without the consent of all parties involved. This applies to conversations with doctors, even if the recording is solely for your own records.

If a doctor says "no" or expresses that they do not want to be recorded, continuing to record the conversation would likely be considered a violation of the law, even if the doctor does not stop the interaction or leave the room. The doctor's continued participation in the conversation does not imply consent to being recorded.

Explicit, affirmative consent is required from all parties for a recording to be legal in California. The doctor must agree to be recorded, and their consent should be captured in the recording itself. Simply informing them that you are recording without obtaining their permission is not sufficient.

However, there are some exceptions to the two-party consent rule, such as:

1. If the recording is made in a public place where there is no reasonable expectation of privacy.

2. If the person making the recording is a party to the conversation and reasonably believes that they are obtaining evidence related to certain illegal activities.

It's important to note that hospitals and healthcare facilities may have their own policies regarding the recording of conversations between patients and medical staff. Even if you obtain consent from the doctor, the facility's policy may prohibit such recordings.

If you have concerns about your treatment or want to ensure that you remember the information provided by your doctor, consider asking a family member or friend to be present during the conversation to take notes, or request written instructions from your healthcare provider.