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Best Practices for Gaining Patient Consent for Using AI in the Exam Room
Best Practices for Gaining Patient Consent for Using AI in the Exam Room

This article provides a set of best practices for healthcare providers using DocuCare, focusing on how to gain patient consent.

Joseph Tutera avatar
Written by Joseph Tutera
Updated over 3 months ago

As healthcare providers integrate AI tools into their clinical workflows, it's essential to ensure that patients are comfortable and informed about these technologies.

Here are some best practices for gaining patient consent when introducing AI in the exam room:

Reframe AI as a "Tool"

  • Avoid the Term "AI": The term "AI" can sometimes cause apprehension or confusion. Instead, refer to the AI as a "tool" that enhances the quality and efficiency of care.

  • Sample Script Examples:

    • "I’m using a new tool that helps me take notes during our appointment. It allows me to focus more on our conversation and ensures that I can complete your chart faster. Is that okay with you?"

    • "This tool assists me in capturing details from our discussion more accurately so that I can spend more time addressing your concerns."

    • "I have a tool that helps with the documentation process, making sure that all the important details are captured without taking time away from our visit."

Include Educational Materials in Intake Documentation

  • Pre-Appointment Education: Provide information about the AI tool within the intake documentation that patients complete before their appointment. This sets clear expectations and helps demystify the technology.

  • Written Materials: Create a brief, patient-friendly document that explains how the AI tool works, its benefits, and how it enhances the clinician’s ability to provide high-quality care. DocuCare has a template available that you can use as a starting point for this document. This can be included in the intake paperwork or shared via email before the appointment.

Use Monologue Mode as an Alternative

  • Monologue Mode for Patient Comfort: If a patient is uncomfortable with AI being used during the appointment, consider using the tool in monologue mode. In this mode, the provider can speak to the tool as they would to a peer for a minute or two after the appointment. The tool will then turn the monologue into a structured note, ensuring that documentation is still accurate and comprehensive without involving the patient directly during the encounter.

Know Your One- or Two-Party Consent Laws

  • State-Specific Consent Requirements: Be aware of your state's consent laws regarding the use of AI tools during patient interactions. For example, in some states, like Idaho, only one party needs to consent, meaning you might not need explicit patient consent. However, even in these states, transparency and informing patients can build trust and avoid potential misunderstandings.

  • Include Notice in Documentation: Ensure that the use of AI is clearly stated in the intake documentation as a safeguard and to keep patients informed. (See a template attached)

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