This page provides example language only. Consent requirements vary by jurisdiction and organization. Practices should review all consent language with legal or compliance counsel before use. This is not legal advice.
When a practice introduces an AI medical scribe, patients should understand what the technology does, how their information is handled, and that they can opt out. Below is example consent language and a customization checklist to help you draft your own notice.
Example patient consent notice
The following is example language that a practice might adapt for patient-facing use. It is not a ready-to-use legal document.
PATIENT NOTICE: AI-ASSISTED DOCUMENTATION
Our practice uses an AI-assisted documentation tool during clinical
visits. Here is what this means for you:
WHAT IT DOES
This tool listens to the conversation between you and your clinician
during your visit. It creates a draft of your visit notes, which your
clinician reviews, edits, and approves before it becomes part of
your medical record.
YOUR INFORMATION
- Your clinician reviews and approves all documentation before it
is saved to your chart.
- Audio from your visit is processed to create the draft notes and
is not stored permanently.
- Your health information is handled in accordance with HIPAA and
our practice's privacy policies.
YOUR CHOICE
You may ask your clinician to turn off the AI documentation tool at
any time. This will not affect your care or your relationship with
our practice. Your clinician will document your visit manually.
QUESTIONS?
If you have questions about how this tool works or how your
information is handled, please ask your clinician or contact our
office at [phone number / email].
☐ I understand that an AI documentation tool may be used during my
visit and that I may opt out at any time.
Patient signature: ______________________ Date: ____________
Patient name (print): ______________________
When practices may use consent language
Practices typically introduce patient consent or notification for AI scribe use in several situations:
- New patient intake: Adding the consent notice to the intake paperwork alongside existing HIPAA and privacy acknowledgments.
- Introduction of AI scribing to existing patients: Notifying current patients when a practice begins using AI documentation for the first time.
- State or organizational mandates: Some jurisdictions have specific notification or consent requirements for recording or AI processing of clinical encounters.
- Patient-requested transparency: Some patients ask how their visit is documented, and having a clear notice ready supports that conversation.
For background on HIPAA considerations, see our HIPAA compliance overview.
What to customize
Every practice will need to adapt this example language. Here is a checklist of items to review with your legal or compliance team:
- [ ] Jurisdiction-specific requirements: Does your state or country require specific consent language, recording disclosures, or opt-in/opt-out procedures?
- [ ] Audio handling details: Describe accurately how your AI scribe handles audio — is it processed in real time and discarded, stored temporarily, or retained? Match the notice to your vendor's actual data practices.
- [ ] Data storage and security: Describe where and how patient data is stored. Reference your BAA with the AI scribe vendor if applicable.
- [ ] Consent format: Decide whether your practice uses written consent, verbal consent documented in the chart, or a posted notice in the office.
- [ ] Opt-out process: Describe exactly how the patient can opt out and what happens when they do.
- [ ] Minor patients: If your practice sees minors, determine who provides consent and update the language accordingly.
- [ ] Telehealth visits: If the AI scribe is used during telehealth, the consent language may need to address recording and transmission of audio differently.
- [ ] Multi-language support: If your patient population includes non-English speakers, plan for translated consent notices.
What not to claim
When drafting consent language, avoid:
- Overstating accuracy: Do not claim the AI produces "perfect" or "error-free" documentation. Emphasize clinician review.
- Guaranteeing specific security standards: Reference your actual compliance certifications and vendor agreements rather than making broad claims about security.
- Implying consent is optional when it is required: If your jurisdiction mandates consent, do not frame it as a courtesy — frame it as a requirement.
- Minimizing the AI's role: Be straightforward about what the tool does. Patients appreciate honesty over euphemism.
How Dictum handles patient data
Dictum is built with clinician and patient privacy in mind. Encounter audio is processed to generate draft documentation and is not retained after processing. All notes are reviewed and approved by the clinician before entering the medical record.
For details on Dictum's privacy and compliance practices, visit our HIPAA compliance page. To understand how AI scribes work in clinical settings, read our guide on what an AI medical scribe is.
Frequently asked questions
Do I need patient consent to use an AI medical scribe? Requirements depend on your jurisdiction, state or national regulations, and organizational policies. Some states require patient notification or consent for any recording or AI processing of clinical encounters. Consult your legal or compliance team for your specific obligations.
Is verbal consent sufficient or do I need written consent? This varies by jurisdiction and organization. Some practices use verbal consent documented in the chart, others require signed forms. Check your state regulations and organizational policies for specific requirements.
What if a patient declines AI scribe use? If a patient declines, turn off the AI scribe for that encounter and document the visit manually. The patient's preference should be respected and noted in the chart without affecting the quality of their care.
Should I mention the specific AI tool by name in the consent? There is no universal requirement to name the specific product, but transparency builds trust. Some practices name the tool; others describe the technology generically. Follow your organization's communication guidelines.
How often should consent be obtained — once or every visit? Practices handle this differently. Some obtain consent once during intake and note it in the chart. Others confirm at each visit where the AI scribe will be used. Follow your organization's policy and consider patient preferences.
Does HIPAA require specific consent language for AI scribes? HIPAA's Privacy Rule covers how protected health information is used and disclosed. AI scribes used for treatment, payment, or healthcare operations may fall under existing consents, but practices should verify with legal counsel. Learn more on our HIPAA compliance page.
Looking for an AI scribe built with compliance in mind? Try Dictum free — HIPAA-aligned documentation that keeps clinicians in control.