More and more dentists are using AI scribes to reduce the administrative burdens of notetaking in the operatory. But while such tools can save you time, they also require consideration of the following emerging legal and compliance issues, among others:
- HIPAA – HIPAA applies because patient information is being shared with a third party, i.e., the AI scribe company. As such, you should:
- Sign a Business Associate Agreement with the AI scribe company (or make sure similar language is included in the Terms of Use.).
- Understand how the AI scribe company secures patient information (i.e., use of encryption, HITRUST certification or SOC2 attestation, penetration testing, etc.).
- Data Handling – the information recorded by the AI scribe potentially is a patient record, so you should understand:
- Whether the audio from a patient interaction is stored and, if so, for how long?
- How long is the transcript retained?
You should choose an AI scribe company that allows you to customize settings to minimize the storage of data beyond what is necessary for your purposes or easily delete such data manually.
- Informed Consent – If you record a patient conversation without following your State’s consent laws, you could face civil or even criminal penalties.
- Best practice is to tell the patient explicitly that the visit is being recorded and document their agreement in the patient record with a phrase such as “AI consent approved.”
- Some States (such as Illinois) require specific, written informed consent before using an AI scribe. Anticipating that more States may go in that direction, it may be prudent to include an AI scribe written consent in the new patient paperwork. Remember, parental or legal guardian consent is required if the patient is a minor or otherwise is incapable of providing his or her own consent.
- Some States (like Rhode Island) require the ability of patients to opt-out of the use of AI scribes, so you should make an opt-out election part of your consent form.
Final Record – AI-generated notes are drafts and providers should review and edit them before they become part of the final patient record.
This information is being provided for informational purposes only and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues
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