By Ariane Siegel, General Counsel & Chief Privacy Officer
Trust is crucial in any relationship, but even more so between physicians and patients. In fact, Canadians rank medical professionals among their most trusted news sources. As a physician, the key to building patient trust is keeping patient information confidential. Physicians do this by ensuring there are safeguards around access to patient data to maintain privacy. This has never been more important as artificial intelligence-enabled technologies such as AI scribes become more widely used by physicians. That’s why OntarioMD (OMD) has launched a new resource for primary care clinicians – the OMD AI Knowledge Zone. The AI Knowledge Zone is the only site that provides relevant and valuable information on the legal and privacy considerations for using an AI scribe tool.
What does this mean for physicians?
As regulatory guidance on the use of AI scribes continues to develop, physicians using these tools should better understand the risks involved and communicate information about the AI scribe to patients. Here are some tips to consider:
- Download OMD’s Patient Consent Toolkit from the AI Knowledge Zone.
- Inform patients about how the scribe will be used and obtain their informed, express consent before the first time you use the scribe during patient encounters.
- Provide patients with information about the AI scribe tool you’re using and how it works.
- Ensure you provide patients with details about how the AI scribe tool will be used and the purposes for which their information is being collected.
- Update any privacy policies to include references to AI, de-identification of personal health information (PHI) for AI use, and where data resides.
- Update your privacy notices and/or signage to include notice of use of recording and retention of data for the use and general use of AI in patient encounters.
- Provide patients with the ability to “opt out” of the use of AI for their visits without it impacting the quality of the health care they’ll receive.
- Review your AI scribe output after each use as scribes may “hallucinate”, misinterpret information, or not always capture everything correctly. You’re accountable for recordkeeping as a physician so it’s important to ensure that SOAP notes are complete and accurate, and any necessary corrections are made.
These aren’t all-encompassing tips. Physicians should consult the OMD AI Knowledge Zone for more AI scribe guidance.
Patient consent and confidentiality are important considerations when using any technology, the latest being AI. They help to preserve patient trust, strengthen physician-patient relationships, and preserve the integrity of the medical community.