Common Questions about Patient Consent with AI Scribe in Canada

Modified on Thu, 2 Oct at 5:45 PM

Overview

When introducing an AI scribe into clinical workflows, physicians and clinics must ensure they are following Canadian privacy and consent laws. This article explains when patient consent is required, how it should be obtained, and what best practices to follow.

Do patients need to give consent for AI scribes in Canada?

Yes. Canadian privacy laws (PIPEDA federally, plus provincial laws like PHIPA in Ontario, HIA in Alberta, and PHIA in Manitoba) require patient consent when AI scribes are used to record and document clinical encounters.

What kind of consent is required?

Consent must be informed and meaningful. Patients need to understand that AI will be used to help generate their medical notes. All provinces accept verbal consent, while some recommend or require written consent.

How should physicians explain AI scribes to patients?

In plain language, e.g., “This tool helps me take notes so I can focus on you instead of typing. I always review and sign the notes, and your data stays securely stored in Canada.”

Use our patient consent templates here Patient Consent Form-Canada

How to Get Patient Consent with AI Scribe?

Are consent forms standardized across Canada?

No. Requirements vary by province:

Ontario (PHIPA): Explicit consent for PHI use.
Alberta (HIA): Written or recorded consent recommended.
Quebec: Strictest; AI use must be disclosed, and data must be stored in Quebec.
Other provinces (Manitoba, NS, NB, NL, PEI) align closely with PIPEDA.

What happens if a patient refuses consent for AI scribes?

Care must continue. Physicians can document manually in the EMR. Patients should always have the right to decline AI tools without affecting access to care. With Empathia AI's built-in telemedicine feature, you can stop the recording but continue with the call.

Do patients keep ownership of their data?

Yes. In Canada, patients own their health information. The physician or clinic is the custodian, and the AI vendor is only a secure service provider. Data cannot be accessed by insurers, employers, or third parties without explicit patient consent.

Key Takeaways

Consent is legally required for AI scribes in Canada.
Provincial laws vary, with Quebec having the strictest rules.
Clinics should use transparent, patient-friendly explanations and written forms when possible.
Empathia provides pre-built consent form templates aligned with Canadian laws to help clinics stay compliant.