Published on
Rhode Island recently became the first state with a law specifically aimed at ambient AI scribes, requiring disclosure to patients when scribes are used and provision of an opt-out process. State law also says the provider must review any AI-generated documentation for accuracy. Only a small number of states have enacted laws that specifically require healthcare providers to disclose the use of ambient AI tools during patient encounters. A few others rely on broader AI disclosure laws (eg, Texas, Utah) or laws that apply to, for example, behavioral health (eg, Maine, Arizona). However, most state policies rarely address ambient AI scribes that listen to or record exam-room conversations, according to the American Medical Association.
Already in place: Providers are still subject to existing recording-consent laws and HIPAA requirements beyond just the statutes specifically addressing AI. Established state laws set the rules for any type of recorded conversations: Some states require that both parties being recorded, in a phone conversation or a meeting for example, must provide consent, while others require only 1 party to consent. Read more about institutional AI use policies from the JUCM archive: The Case for a Generative AI Acceptable Use Policy in Urgent Care