Consent requirements for AI scribe tools

AI scribe tools are becoming more commonplace in many settings.

They can decrease administration loads, improve patient flow, decrease risk of burn out and improve clinicians’ ability to connect to patients.

Content is an essential process with every patient and in every consultation. It ensures compliance with privacy and surveillance laws. A sign in the waiting room or a note on the website or appointment booking platform will not protect you.

Always record a patient's consent for the use of an AI scribe tool in their records, including:

• An AI scribe tool will be used in the consultation if the patient consents to it
• The scribe will listen to the conversation and then summarise the consultation for the medical record
• The doctor will check the summary and ensure the record is accurate
• Please include what happens with the transcript (different scribes handle this differently, some never store the transcript, and some store for a certain length of time, or indefinitely, on cloud storage (ideally within Australia)
• Ask the patient if they have any questions

It is a good idea to have some written material that can be given to the patient should they have any further questions that includes information relating to the specific scribe tool used. Written information should include who has access to the transcript, whether the patient’s data is used for secondary purposes, that it complies with Australian privacy law, and that not consenting will not affect their healthcare in any way. Individual scribe tools often have a suitable patient handout for this purpose.

New patient registration forms should include information on the use of AI scribe tools at the practice and refer to the AI scribe section found in the practice’s privacy policy.

At subsequent consultations it is sufficient to ask if they are okay with the AI scribe being used in the consultation. Again, ensure this conversation is recorded using the AI scribe and stored in the patient’s record.

The communication from the doctor really sets the tone for how the patient will respond to the use of an AI scribe within the consultation. For further information, see this article about patient responses to this technology.

It is important to be aware that basic AI scribe tools do not need TGA approval. However, beware AI scope creep. Some AI software platforms are offering AI assistance regarding diagnosis and treatment – this then meets the criteria for medical device software. This software should not be used until there is TGA approval.

If you have any questions about consent and AI scribes, contact our Medico-legal Advisory Services team.

References

1. Hoda R, Ling J, Zhour W. How do patients feel about their doctor using AI scribes? InSight, May 2026. Available at: insightplus.mja.com.au/2026/20/how-do-patients-feel-about-their-doctor-using-ai-scribes
2. Artificial intelligence (AI) and medical device software regulation. Therapeutic Goods Administration, February 2026. Available at: www.tga.gov.au/products/medical-devices/software-and-artificial-intelligence-ai/manufacturing/artificial-intelligence-ai-and-medical-device-software-regulation

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