---
title: "Prepare a clinic clause about a tool used in care"
url: "https://ailawframework.com/practice/health-and-medical-law/draft-a-patient-consent-clause-for-ai-use-in-a-clinic/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-B7-4-US"
practice_area: "Health & Medical Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare a clinic clause about a tool used in care

> From the firm's written policy, list what the tool records and who can retrieve it. Do not write the clause the patient will sign.

Canonical page: https://ailawframework.com/practice/health-and-medical-law/draft-a-patient-consent-clause-for-ai-use-in-a-clinic/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the firm's written policy, list what the tool records and who can retrieve it. Do not write the clause the patient will sign. |
| What the lawyer must review | You write the clause. Formal Opinion 512 requires informed consent before information relating to the representation goes into a self-learning tool whose output could disclose it. 45 CFR § 164.502 limits use and disclosure of the health information the tool would capture. Model Rule 1.4(b) requires an explanation sufficient for the patient to decide. The HHS breach page requires individual notice without unreasonable delay and no later than 60 days after discovery of a breach of unsecured protected health information. You decide what the clause promises. No device classification was opened. |
| Written for | United States |
| Applies to | [Draft a patient-consent clause for AI use in a clinic](https://ailawframework.com/practice/health-and-medical-law/draft-a-patient-consent-clause-for-ai-use-in-a-clinic.md) |

## Checking plan

- What the AI does: From the firm's written policy, list what the tool records and who can retrieve it. Do not write the clause the patient will sign.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not promise a control that is not in the written policy.
- Do not call the tool a medical device.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [45 CFR § 164.502 (uses and disclosures of protected health information)](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502) (checked 2026-10-22)
- [ABA Model Rule 1.4, Communications](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*