Asking a client for consent to record

Ask every person in the room, out loud, before you start. Tell them what the recording is for, that it is deleted once the note is written, and that they can say no without anything changing. Write down that you asked and what they said.

That is the whole rule. It is simpler than the law, because it is stricter than the law — and it is what your ethics code already requires of you regardless of which state you practice in.

Said naturally, at the top of the session. Most clinicians find it takes about fifteen seconds and clients rarely hesitate.

“Before we start — I’ve started using a tool that listens to our session and drafts my progress note for me, so I can pay attention to you instead of my laptop. The recording is deleted as soon as the note is written, and I read and approve everything before it goes in your chart. Nobody else listens to it. Is that okay with you?”

— then stop, and wait for an actual answer. —

“And if you ever want me to turn it off, for one moment or for good, just say so. It won’t affect your care at all.”

If they say no, say thank you and don’t record. That is a complete and correct outcome. Nothing about the session changes.

Consent that isn’t documented is hard to prove later. One line is enough:

“Verbal consent to audio-record this session for documentation purposes was obtained from the client prior to recording. Client was informed the recording is deleted after the note is generated and that consent may be withdrawn at any time without affecting care.”

For couples, family, or group sessions, get consent from every adult present and note that you did. If a minor is present, obtain consent from the parent or legal guardian, and ask the minor as well — assent matters even where it isn’t legally required.

Clinicians often ask whether their state requires one party or all parties to consent to a recording. It is a reasonable question with a reassuring answer: for you, it doesn’t change what you do.

Your professional ethics code already requires the stricter standard. The American Psychological Association’s Standard 4.03 states that before recording the voices or images of the people they serve, psychologists obtain permission from all of them or their legal representatives. Counseling and social-work codes carry equivalent obligations. That duty applies in every state, and it is a higher bar than any state’s recording statute.

So the ethics answer — ask everyone, every time, and document it — satisfies the legal question everywhere as a side effect. You do not need to research your state to be safe. You need to ask.

Most states require only one party to a conversation to consent, which would technically mean you alone. As of July 2026, the following states generally require all parties to consent to a recorded conversation:

California · Connecticut · Delaware · Florida · Illinois · Maryland · Massachusetts · Montana · New Hampshire · Oregon · Pennsylvania · Washington

The details are genuinely fiddly, and this is exactly why we are not asking you to rely on them. Several of these states draw a line between an in-person conversation and an electronic one, and they do not all draw it the same way — Oregon requires all-party consent in person but not for phone calls, while Connecticut does close to the opposite. A few states not listed here have unsettled or contested rules. Statutes also change.

None of that reaches you if you simply ask everyone. That is the point of the section above.

Compiled July 10, 2026 from published state-law surveys, including Justia’s 50-state survey. Laws change; confirm your state’s current rules. This list is offered as background, not as a determination about your practice.

“Who else hears this?” Nobody. The audio goes to the transcription service that produces the draft note and is deleted once the note exists. No human at NoteScreen listens to sessions. You can point them to our privacy policy, which names every service that touches the audio.

“Is the recording kept?” No. It is deleted once your note is written. What remains is the note you reviewed and approved — the same note you would have typed yourself.

“Does a computer decide what goes in my chart?” No. It writes a draft. You read it, change anything, and approve it. Nothing files itself.

“Can I change my mind?” Yes, at any point, including mid-session and after. Stop the recording, discard it, and write the note the way you always have.

Some clinicians prefer to hand this to a client, or include it with intake paperwork, rather than explain it from memory. This page is designed to print cleanly — use your browser’s Print command and choose “Save as PDF.”

You are welcome to copy, adapt, and reuse anything on this page in your own consent forms and intake documents. No attribution needed. If it saves one awkward conversation, it did its job.

A client who feels surveilled is not going to do the work. The recording is worth exactly nothing compared to the alliance, and every clinician we have talked to already knows this. Ask plainly, accept a no gracefully, and record only when the answer is a real yes.

Curious what NoteScreen does with a session once you have consent? See how Scribe works.