Patient consent for an AI scribe
Patients should know when software is listening to their consultation, and they should be free to say no. Asking well takes under a minute. This guide covers what to explain, how to ask, how to note the answer, and what to do when someone declines or changes their mind.
Check your own rules first
The legal requirements for capturing a consultation differ by jurisdiction, and many employers and professional bodies have their own policies on AI tools. Before you start, find out what applies to you: whether verbal agreement is enough or written consent is expected, whether signage is required, and whether particular groups need a different approach. This page gives practical steps, not legal advice.
Four steps in the room
- Explain. Say what the tool does in one or two plain sentences: it listens to the conversation and writes a draft note that you check.
- Ask. Ask directly whether they are comfortable with it, and make clear that saying no will not affect their care.
- Note it. Write in the chart that the patient agreed, or declined, to the use of an AI scribe for this visit.
- Offer to stop. Tell them they can ask you to stop at any point, and stop straight away if they do.
Wording you can adapt
"I use a computer tool that listens to our conversation and writes a draft of my notes, so I can look at you rather than the screen. I check everything before it goes in your file. The audio is not kept. Is that all right with you? If you'd rather not, that's completely fine, and you can ask me to switch it off at any time."
What patients usually ask
- Who hears it? Explain that it is software, not a person listening, and name the kind of company that processes it if you know.
- Is it kept? Be accurate. Only say the audio is discarded if your vendor states that.
- Will it be used for anything else? Say what the vendor's terms say about training and sharing.
- Can I see the note? Follow your usual process for patients who want to read their notes.
If you do not know an answer, say so and offer to find out. Never guess about where data goes.
When to pause or not use it
Some conversations call for extra care: disclosures of abuse, sexual health, mental health crises, or anything the patient says they want kept out of the note. Offer to pause for that part and write it yourself. Be cautious with patients who may not be able to give informed agreement, and follow your policy for children, interpreters and relatives in the room.
If a patient declines, thank them and carry on with typing or dictation. Do not ask again later in the same visit unless they raise it.
How ClearPass does it
ClearPass asks you to confirm that the patient has agreed every time you tap Transcribe; it does not remember a previous answer. You can tap Stop whenever you or the patient want. Consultation audio is transcribed and discarded, never stored, and note text is processed and discarded rather than kept on ClearPass servers. The privacy page names the AI providers involved, which helps you answer the patient's questions accurately.
What ClearPass does not do
- It does not replace your judgement. Every note is an AI draft that you review and correct before it is used.
- It is not a medical device and does not make clinical decisions. It is a documentation aid.
- It does not connect to your EMR. The note is copy-ready text that pastes into any system.
Privacy
Clinical note content is not stored on ClearPass servers: it is processed to write the note, then discarded. Consultation audio is transcribed and discarded, never stored. Your note history stays in your browser, on your device, and you choose how long it is kept. Common identifiers are removed from typed and transcribed text before it reaches the AI; that is a best-effort safeguard, so leave names, ID numbers and file numbers out where you can. Processing goes through the AI providers named in our Privacy Policy, which sets out exactly what each one receives and how long it keeps it. ClearPass does not sign HIPAA business associate agreements today.
Questions
Is verbal consent enough?
It depends on where you practise and on your employer's policy. Many clinicians use verbal agreement noted in the chart; some settings require written consent. Check before you start.
Do I need to ask at every visit?
Asking each time is the safest habit, because a patient may feel differently about a particular consultation. It also keeps your chart entries clear.
What if a relative or interpreter is present?
Their voices will be captured too, so let them know and make sure they are comfortable. Follow your policy on who can agree on the patient's behalf.
What does ClearPass cost?
The 7-day trial is free, needs no card and simply ends after 7 days, with no automatic charge. After that there is one plan: $78 a month or $858 a year, with every visit transcribed.
Try it on your next clinic day
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