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Advice from OMD's General Counsel and CPO

September 2024

Patient Consent in the AI Scribe World

As a physician, the key to building patient trust is privacy. As regulatory guidance on AI scribe use continues to develop, physicians using these tools should know the associated privacy risks, and how to mitigate them. Here are some tips to consider:

  • Inform patients about how the scribe will be used for documentation purposes (recording conversations, note-taking, etc.) and obtain their express consent before its first use with each patient.
  • Update privacy policies to include AI references, de-identification of personal health information for AI use, and data storage, and post signage like notices of recording and data retention for the use of AI during visits. 
  • Provide patients with the ability to "opt out" of the use of AI during visits without it impacting their health care.
  • Review your AI scribe output after each patient encounter to ensure notes and documentation summarized by the AI scribe are accurate and complete. Recordkeeping remains your responsibility as a physician.

These aren't all-encompassing tips. Physicians should consult the Canadian Medical Preventive Association, the College of Physicians and Surgeons of Ontario, or the Ontario Medical Association for AI scribe guidance.