Washington State JUA for Midwifery & Birthing Centers
Do You Need Consent to Use AI Charting Tools in Washington State? Yes – Here’s Why
As more health care providers adopt AI-powered tools to streamline documentation, a common question arises: Do I need extra consent from my clients if I’m using AI that records our conversation to generate chart notes?
If you’re practicing in Washington State, the answer is likely yes.
Washington Is a Two-Party Consent State
Under Washington law (RCW 9.73.030), it is unlawful to record a private conversation without the consent of all parties involved. This applies regardless of whether the purpose of the recording is clinical care, quality improvement, or — relevant to this post — generating chart notes using AI.
So even if your AI tool is just listening in to help you document care more efficiently, the law still requires that you notify your client and get their permission before recording.
National Guidelines Are Evolving
While the Joint Commission no longer requires patient consent for recordings used solely for internal purposes like training or quality improvement, state law still applies. And in Washington State, that means obtaining two-party consent unless a specific exemption applies — and none do in the case of charting.
AI and Informed Consent: An Emerging Standard
Recent guidance from Washington’s Office of Privacy and Data Protection underscores the ethical implications of using AI in health care. Clients may not fully understand when or how AI is involved in their care, which could compromise their autonomy. That’s why providers are encouraged to:
- Clearly explain when and how AI tools are being used.
- Obtain informed consent before AI is applied to client data.
- Be transparent about how any client data collected by or input into the AI is stored, used, and shared.
- Be able to explain how the AI influenced clinical decision-making.
What This Means for Midwives and Other Providers
If you’re a midwife or health care provider in Washington using AI-assisted documentation tools, especially those that include audio recordings, you should take the following steps:
- Get written consent before using any AI tool that records conversations.
- Disclose the purpose of the tool and how it works.
- Explain what data will be collected and how it will be stored or shared.
- Reassure clients about your ongoing oversight of their care, even with AI involved.
This isn’t just about legal compliance — it’s about transparency, trust, and ethical care.
This post is based on a legal opinion prepared for the JUA by attorney Evangeline H. Zhou (October 2024), addressing AI charting tools and Washington’s two-party consent law.