At a recent meeting of the Department of Public Health board, members discussed patient informed consent and privacy concerns related to recordings used to generate AI-assisted clinical notes.

The conversation began when a board member (Speaker 1) relayed an anecdote from an FSBPT meeting in Spokane about a patient who discovered her physical therapist had been recording visits and that the recording could be accessed years later. "You should inform the patient that you're doing it," Speaker 1 said, summarizing the meeting’s recommendation that clinicians notify patients if conversations are recorded and used to create notes.

Board members emphasized two practical recommendations arising from the anecdote: clinicians should disclose that they record visits for note-generation purposes, and they should avoid developing relationships that blur professional boundaries and lead to recording personal remarks that patients would not expect to be retained.

Speaker 5 addressed legal protections, saying that storing recordings in a secured platform "doesn't violate HIPAA" because they are part of the medical record and protected, but added such recordings could still be discoverable in legal proceedings if appropriate legal steps are taken. The transcript noted an example in which the recording "could be accessed for 10 years," while Speaker 1 said some platforms destroy background recordings after a short retention period (the speaker cited two weeks as an example for some systems).

No formal board action or new rule was adopted during this meeting; the discussion was recorded as part of updates and moved on to new business. Board members did not vote on an informed-consent policy at this session.