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Panel approves amendment shifting AI recording from consent to disclosure in medical encounters
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Summary
Lawmakers adopted amendments to HB 4 75 that remove a patient opt‑out and change a proposed consent requirement to a disclosure requirement: health professionals would be required to disclose use of recording/transcription devices or software but not obtain explicit consent; sponsor said the change balances patient notice with provider flexibility.
Representative Berrault presented House Bill 4 75, which would require health professionals to inform patients when artificial intelligence or recording/transcription tools are used in producing medical records. The bill’s amendment package (set 3079) removed a patient opt‑out and replaced a consent requirement with a disclosure requirement. The sponsor said the goal is to ensure patients know when ‘‘every word they say is going to be in that record potentially,’’ while preserving provider discretion about which tools to use.
Members questioned whether patients are currently notified when providers record encounters and pressed the sponsor on the practical effects. Representative Cruz asked whether providers may already record without notice and whether this measure only applies when AI is used; the sponsor replied the primary concern is transcription going into permanent medical records.
The committee adopted the amendment set after members sought assurance that the bill does not ban use of AI tools and that providers would generally stop recording if a patient objects in the clinical encounter. Representative Stagney moved the favorable report with amendments and the committee approved HB 4 75 as amended.
Next steps: HB 4 75 was reported favorably with amendments and will proceed in the legislative process.
