Artificial intelligence (AI) continues to make its way into behavioral health practices and doing so quickly. From automated notetaking to virtual scheduling assistance, AI brings new possibilities for efficiency, accuracy, and deeper analytics and insights.
While the landscape of AI seems ever-changing, one thing is not—the important responsibility of patient consent.
Traditional consent typically covers general data use, telehealth services, and electronic health record (EHR) storage. However, AI tools like natural language processing (NLP) and ambient listening introduce new considerations related to patient consent. Here are some things to keep in mind when it comes to patients and the use of AI in the treatment room:
Explaining AI to Patients
- Use simple language: Avoid technical terms and speak in a way your patients can easily understand.
- Be transparent: Clearly explain that AI is a tool to assist, not replace, their care.
- Encourage questions: Create an open space for patients to ask about AI and its role in the treatment.
- Offer choice: Give patients the option to opt out of AI features, like NLP and ambient listening.
Key Elements to Include in a Consent Form when Using AI in Care:
- Explanation of AI Use
- Provide a clear explanation of how AI is used and the role it plays in care (e.g., documentation, analysis, support tools).
- Data Handling and Security
- Outline how data is stored, encrypted, and protected.
- Specify who can access AI-generated outputs (e.g., clinicians, administrators, approved third parties).
- Patient Rights
- Clarify whether clients can opt out of specific AI tools (such as NLP or ambient listening) without affecting their care.
- State whether patients can request the deletion of AI-generated content related to their treatment.
- Compliance and Oversight
- Confirm adherence to the Health Insurance Portability and Accountability Act (HIPAA) and relevant state regulations.
- Describe the safeguards in place to prevent unauthorized access or misuse of information.
NOTE: As of 2025, HIPAA has not released AI-specific legislation. However, existing privacy and security rules still apply—this includes treating AI-generated documentation as protected health information (PHI), ensuring Business Associate Agreements (BAAs) are in place with vendors, and regularly evaluating algorithms for potential bias.
Resources: