Should Physicians Disclose the Use of AI to Patients?
Physicians may increasingly be required to disclose the use of artificial intelligence (AI) to patients, depending on how the technology is used and where the physician practices. Even when disclosure is not specifically required by law, transparency regarding AI use is emerging as a risk management best practice.
AI is becoming increasingly common in clinical practice, from ambient documentation tools and imaging analysis to diagnostic support and treatment recommendations. As adoption increases, an important question has emerged: Must physicians tell patients when AI is being used?
The answer is increasingly yes, but the requirement depends on how AI is used and where the physician practices.
Key Takeaways
- AI disclosure requirements are becoming more common at the state level.
- There is currently no single federal law requiring disclosure of every use of AI in healthcare.
- Some states have enacted specific requirements related to AI-assisted patient interactions and healthcare services.
- Disclosure is often most important when AI materially affects patient care, communication, privacy, or decision-making.
- Healthcare organizations should establish written policies governing AI disclosure and consent.
Are physicians required to disclose the use of AI to patients?
As of this publication, there is no single federal law requiring physicians to disclose every use of AI in clinical practice. However, existing informed consent, privacy, and professional standards may require disclosure when AI materially affects a patient's care. The legal landscape is evolving rapidly, and several states have enacted specific AI disclosure requirements.
What states currently require AI disclosure in healthcare settings?
State requirements vary considerably. Take the following examples.
California
California AB 3030 requires physician offices, clinics, and health facilities using generative AI to generate written or verbal patient communications pertaining to clinical information to include:
- A disclaimer that the communication was generated by generative artificial intelligence
- Clear instructions describing how a patient may contact a human healthcare provider, employee, or other appropriate person
An important exception applies when the AI-generated communication has been reviewed by a licensed or certified healthcare provider.
Texas
Effective January 1, 2026, the Texas Responsible Artificial Intelligence Governance Act (HB 149) requires healthcare providers using an AI system in relation to healthcare services or treatment to provide the required AI disclosure to the patient or the patient's representative no later than when the service or treatment is first provided.
Emergencies are excepted until disclosure is reasonably possible.
Texas's law is particularly noteworthy because it broadly applies to an "artificial intelligence system" used in relation to healthcare services or treatment.
Utah
Utah’s Artificial Intelligence Policy Act (SB 149, as amended by SB 226) requires licensed professionals to disclose when a patient is interacting with generative AI in a "high-risk" interaction. Examples include interactions involving:
- The collection of health data
- The provision of personalized medical advice
- The provision of personalized mental health advice or services
For verbal interactions, disclosure must occur at the beginning of the interaction. For written interactions, disclosure must occur before the interaction begins.
When should physicians disclose the use of AI, even if state law does not require it?
Even when state law does not prescribe specific disclosure requirements, a prudent risk management approach is to disclose AI use when it meaningfully influences:
- Diagnosis
- Prognosis
- Treatment recommendations
- Patient communication
The more directly AI affects a patient's clinical care, autonomy, privacy, or decision-making, the stronger the case for disclosure.
What information should physicians disclose about AI use?
When disclosure is appropriate, the explanation should be understandable rather than highly technical. The disclosure may include:
- That AI is being used and how it supports the patient's care
- What AI does, such as documenting the visit, interpreting images, assessing risk, or suggesting diagnoses or treatments
- How the physician uses the output, including whether the physician independently reviews it
- Key limitations or risks, including possible errors, omissions, or bias
- How patient information is handled, especially if conversations are recorded or data is shared with an outside AI vendor
- Whether the patient may decline or opt out and what alternatives are available, if any
- How to reach a human healthcare professional when AI communicates directly with the patient
Why is AI disclosure becoming a risk management issue?
Transparency regarding AI use is increasingly being viewed as both an ethical best practice and, in some cases, a legal requirement. Failure to disclose AI involvement when it significantly influences patient care may create concerns related to:
- Informed consent
- Patient autonomy
- Privacy
- Trust
- Regulatory compliance
As AI adoption grows, disclosure practices may become increasingly important in demonstrating transparency and maintaining patient confidence.
How should healthcare organizations manage AI disclosure requirements?
Healthcare organizations should establish written AI policies addressing when disclosure and consent are required. These policies should be reviewed and updated regularly as state laws and regulatory expectations continue to evolve. Organizations should also monitor developments in applicable state laws to ensure ongoing compliance with emerging requirements.
What is the risk management takeaway for physician practices?
The legal requirements surrounding AI disclosure continue to evolve, but the overall trend is toward greater transparency. Even when disclosure is not expressly required by law, physicians should carefully evaluate whether AI materially influences patient care, communication, privacy, or decision-making. When it does, clear disclosure may help support informed decision-making, strengthen patient trust, and reduce risk.
Healthcare organizations that proactively develop AI governance and disclosure policies will be better positioned to adapt as regulatory requirements continue to develop.
FAQs
Is there a federal law requiring physicians to disclose every use of AI?
No. As of this publication, there is no single federal law requiring disclosure of every use of AI in clinical practice.
Do all states have the same AI disclosure requirements?
No. AI disclosure requirements vary significantly from state to state.
Should physicians disclose AI use even when it is not legally required?
In many situations, disclosure may be a prudent risk management practice, particularly when AI materially influences patient care or communication.
What types of AI tools may warrant disclosure?
Examples may include AI systems used for patient communications, diagnostic support, image interpretation, risk assessment, treatment recommendations, or other functions that materially affect patient care.
Why is transparency important when using AI in healthcare?
Transparency helps support informed decision-making, patient trust, privacy expectations, and compliance with evolving legal and professional standards.
Looking for more guidance? Explore our risk management resources. If you're not currently insured with DentistCare, fill out our online form to receive a free, no-obligation quote.
The information contained on the DentistCare Blog does not establish a standard of care, nor does it constitute legal advice. The information is for general informational purposes only. We encourage all blog visitors to consult with their personal attorneys for legal advice, as specific legal requirements may vary from state to state. Links or references to organizations, websites, or other information is for reference use only and do not constitute the rendering of legal, financial, or other professional advice or recommendations. All information contained on the blog is subject to change.