---
title: "Patient information and consent form for AI scribes and AI-assisted care"
url: "https://ailawframework.com/precedents/health-and-medical-law/patient-consent-ai-scribe"
type: "precedent"
site: "AI Law Framework"
id: "a32-patient-consent-ai-scribe"
area_id: "A32"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Patient information and consent form for AI scribes and AI-assisted care

> Plain-English patient information sheet and consent form for clinics using AI scribes or other AI tools with patient data: what is recorded, where data goes, who checks the notes, the right to say no, and state…

Canonical page: https://ailawframework.com/precedents/health-and-medical-law/patient-consent-ai-scribe  
Law stated as at: 2026-10-17

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

Plain-English patient information sheet and consent form for clinics using AI scribes or other AI tools with patient data: what is recorded, where data goes, who checks the notes, the right to say no, and state recording-law consent.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Health & Medical Law](https://ailawframework.com/precedents/health-and-medical-law.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Use for a clinic or practitioner introducing an ambient AI scribe or another AI tool that processes identifiable patient information. Complete it only after the vendor's data terms and the tool's regulatory status have been checked.

## How AI may be used

AI can draft the information sheet from the vendor papers and the clinic's workflow, but health information is sensitive information, so a lawyer checks the privacy, recording-law and consent content against the actual tool before use.

**AI may:**

- Turn the vendor's data-flow description and the clinic's workflow into the plain-English answers in Part A.
- Check readability and produce a shorter version for display in the waiting room.
- List vendor terms that conflict with the statements in the form.

**AI must not:**

- Must not state where data is stored, how long it is kept or whether it trains models unless the vendor contract confirms it.
- Must not be tested with real patient recordings or notes.
- Must not describe the tool as not a medical device without checking its intended purpose and features.

**The lawyer checks:**

- Every statement about storage, retention, overseas disclosure and training matches the vendor contract.
- State recording law is satisfied for every person in the room (patient, carer, interpreter, student).
- The process lets patients refuse or withdraw without any effect on their care.
- The tool's features have been checked for medical device status (for example, whether it suggests diagnoses).

## Authorities

- [Privacy Act 1988 (Cth) s 6 (health information is sensitive information) and Sch 1 APPs 3, 5, 6, 8, 11](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Surveillance Devices Act 2007 (NSW) s 7 (listening devices; consent of all principal parties)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-064)
- [Surveillance Devices Act 1999 (Vic) ss 6, 11](https://www.legislation.vic.gov.au/in-force/acts/surveillance-devices-act-1999)
- [Health Records and Information Privacy Act 2002 (NSW) Sch 1](https://legislation.nsw.gov.au/view/html/inforce/current/act-2002-071)
- [Ahpra, Meeting your professional obligations when using Artificial Intelligence in healthcare (22 August 2024)](https://www.ahpra.gov.au/Resources/Artificial-Intelligence-in-healthcare)
- [Therapeutic Goods Administration, Artificial intelligence and medical device software regulation (scope creep example: digital scribes)](https://www.tga.gov.au/products/medical-devices/software-and-artificial-intelligence-ai/manufacturing/artificial-intelligence-ai-and-medical-device-software-regulation)

## Official form

[Official form](https://www.ahpra.gov.au/Resources/Artificial-Intelligence-in-healthcare)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/health-and-medical-law/patient-consent-ai-scribe and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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