Artificial Intelligence (AI) Considerations: Obtaining Informed Consent
Obtaining informed consent is one key consideration when using generative artificial intelligence (AI) clinically. Make sure you also consider:
Clinicians who use generative AI tools with their clients have an obligation to inform their clients, patients, or students when generative AI is being used in sessions.
It is vital that clinicians understand and provide informed consent opportunities before using any new product in clinical practice.
Why is this so important? To ensure that any technology that clinicians use complies with
- state and local laws,
- payer regulations, and
- facility policy.
Principle IV, Rule H of the ASHA Code of Ethics states the following:
Individuals shall obtain informed consent from the persons they serve about the nature and possible risks and effects of services provided, technology employed, and products dispensed. This obligation also includes informing persons served about possible effects of not engaging in treatment or not following clinical recommendations. If diminished decision-making ability of persons served is suspected, individuals should seek appropriate authorization for services, such as authorization from a legally authorized/appointed representative.
Determining whether or not you must inform families about the AI tools you’re using may depend on the law in your state. Some generative AI tools use recordings to collect information during a session; then, they use that information to create session notes or offer recommendations (which the clinical service provider must review).
In cases where an employer requires the use of these tools, ASHA recommends that clinicians direct their questions to the employer or to a licensed attorney who knows local privacy laws related to health care or education.
When considering informed consent about the use of generative AI in the clinic setting, a clinician should
- verify that the patient has signed certain key documents and has them on file showing that they gave their clinician permission to use AI technology—as required by applicable state and local laws and payer and/or facility regulations—and
- be prepared to answer questions or offer contact information to patients who want additional information about the tool.
Examples
See the following use cases of audiologists and SLPs obtaining informed consent when using generative AI tools.
An audiologist is considering using an AI speech-to-text tool during cochlear implant selection appointments to provide real-time captioning and enhance communication access for the patient.
Before using the tool, the audiologist
- ensures that the tool complies with state and local laws, payer regulations, and facility policies;
- explains the AI tool’s purpose and how the resulting audio will be processed; and
- goes over the consent process, highlighting the patient’s right to decline.
The patient chooses not to provide consent for audio recording.
Respecting this decision, the audiologist instead uses a whiteboard to facilitate communication during the appointment.
An SLP works at a skilled nursing facility (SNF). Their employer asks them to use an ambient listening tool designed to recommend Current Procedural Terminology (CPT®) codes.
Before the session, the SLP
- ensures that the tool complies with state and local laws, payer regulations, and facility policies;
- reviews the tool and its security to provide information to the patient prior to use;
- obtains informed consent from the patient, which enables the SLP to use the tool during treatments; and
- documents the patient’s consent for use of the AI tool.
After the session, the SLP
- reviews and edits the AI-generated content;
- reviews and edits the CPT code recommendations; and
- signs the session note.
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