At least 11 state legislatures are considering bills this session to regulate software that records doctor visits and drafts clinical notes, according to a count by a group that tracks state health legislation.
The tools, often called AI scribes, have spread quickly. They promise to save doctors from typing notes late at night, a chore many physicians blame for burnout. Several large health systems now offer them to thousands of doctors.
What the bills would do
Most of the bills share three ideas. Patients would have to be told when a visit is being recorded. Recordings would have to be deleted within a set time, usually 30 to 90 days. And a clinician would have to review and sign every note the software drafts.
The bills differ on consent. Some would require only notice, such as a sign in the waiting room. Others would require a patient to agree out loud, or in writing, before each visit is recorded.
«The question isn’t whether these tools are useful. Doctors say they are,» said Martina Albescu, a health privacy lawyer in Sacramento. «It’s whether a patient who is anxious and sick really understands what they’re agreeing to.»
What doctors say
A state medical society in the Midwest has backed a notice-only approach, saying written consent before every visit would slow clinics down. A patient group in the same state wants written consent and a clear way to say no without affecting care. Lawmakers in two states have said they hope to pass a bill before their sessions end in the spring.