Getting Patient Consent for AI Documentation
Introducing AI-assisted documentation into your practice is straightforward — and doing it ethically starts with clear, informed patient consent. Here's everything you need to know.
Why Consent Matters
- Informed consent is the cornerstone of ethical clinical practice. When you introduce an AI documentation tool into the therapeutic relationship, patients deserve to understand how it works and how their information is handled.
- Obtaining informed consent for AI-assisted documentation demonstrates transparency, respects patient autonomy, and fulfills both ethical and emerging legal obligations.
- Many state licensing boards are beginning to address AI tools in clinical documentation. Proactively obtaining consent positions your practice ahead of regulatory requirements.
What to Cover
- Purpose of AI scribe: Explain that Scriber transcribes sessions and generates draft notes that the clinician reviews and finalizes — saving documentation time without replacing clinical judgment.
- Data handling: Describe how audio is processed, encrypted, stored, and protected under HIPAA. Emphasize that data is never sold or shared for marketing.
- Patient rights: Clarify the right to opt out at any time, request copies of AI-generated notes, and ask questions about the technology.
- Opt-out process: Explain how a patient can decline or withdraw consent and confirm it will not affect the quality of their care.
Best Practices
- Discuss AI documentation during intake — ideally before the first session — so patients can ask questions when they are not in a clinical moment.
- Keep the explanation brief and jargon-free. Most patients respond well to: "I use an AI tool to help me take notes, so I can focus on you during our session."
- Document the consent conversation in the clinical record, including the date, patient response, and any questions raised.
- Review and re-obtain consent if the technology changes significantly, or at least annually as part of your general informed consent process.
State Considerations
- Consent requirements for AI-assisted documentation vary by state and are evolving rapidly. Some states have specific telehealth consent laws that may apply to AI scribing tools.
- California, New York, and several other states have enacted or are considering legislation that requires explicit disclosure of AI tools in healthcare settings.
- Consult with a healthcare attorney or your professional liability carrier in your state for jurisdiction-specific guidance before finalizing your consent process.
Sample Consent Language
The following language is a starting point for your written or verbal consent process. Adapt it to match your practice's voice and your state's requirements.
I understand that [Practice Name] uses Scriber, an AI-powered documentation tool, to assist with clinical note-taking during our sessions. I understand that: 1. My session may be transcribed to help generate clinical notes. 2. My information is handled in accordance with HIPAA regulations. 3. All notes are reviewed and approved by my clinician before they are finalized. 4. I may opt out of AI-assisted documentation at any time by informing my clinician, without any impact on the quality of care I receive. 5. I may request a copy of any AI-generated notes or transcripts related to my care.
Note: This template is provided for informational purposes only and does not constitute legal advice. Please have it reviewed by your legal counsel before use.
Download Consent Template
Download our ready-to-use consent template. Customize it with your practice name and have it reviewed by your legal team before use.
Download Consent TemplatePlain text format (.txt) — easy to customize in any word processor
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