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Informed Consent and AI in Healthcare: Ethical Considerations for Behavioral Health Providers

The integration of artificial intelligence (AI) into healthcare, particularly behavioral health, is transforming clinical documentation and practice management. While AI technology offers significant benefits like increased efficiency, it also brings critical ethical considerations related to informed consent. This post examines the importance of obtaining AI informed consent when utilizing AI in healthcare, specifically within behavioral health practices where sensitive client information is handled.

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Last Updated: May 02, 2025

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Why Informed Consent Matters with AI in Healthcare

Client autonomy and trust are foundational in healthcare relationships. Transparent discussions about AI usage empower clients, ensuring they retain control and understanding of their healthcare data and treatment details. Additionally, legal and regulatory compliance, such as adherence to HIPAA regulations, requires clear communication about how client information is collected, used, and protected. Informed consent helps clinicians maintain compliance, mitigate legal risks, and uphold ethical standards. Furthermore, openly discussing AI integration strengthens therapeutic relationships, demonstrating respect for client choices and promoting transparency and collaborative decision-making.

Potential Risks of Ignoring Informed Consent with AI

Clients may have significant privacy and confidentiality concerns regarding who accesses their sensitive mental health information without their consent. Moreover, clients must be made aware of the potential limitations of AI, such as errors, misinterpretations, or biases, which could impact their healthcare records and outcomes. For example, AI-generated clinical notes might inaccurately interpret a client's emotional state or context during a session, leading to misunderstandings or inappropriate interventions. Failure to transparently address AI usage can severely damage trust and engagement between clients and providers, potentially resulting in mistrust or disengagement from care altogether.

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Using AI to streamline your clinical documentation? Make sure you're covered. This downloadable AI Consent Form helps you obtain clear, informed permission from your clients before using tools like ambient listening and AI-generated notes.

Safeguard client trust

Ensure HIPAA compliance

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A must-have for any clinician incorporating AI into their practice.

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Ethical Considerations for Mental Health Clinicians Using AI

When deciding to use AI, mental health clinicians should carefully evaluate various ethical factors. Transparency is crucial, ensuring clients fully understand the nature and limitations of AI technology. Clinicians must assess beneficence and non-maleficence, determining whether AI genuinely benefits clients without causing unintended harm. Inclusivity is another important consideration, as equitable access and avoidance of biases that could disproportionately affect certain client populations are essential. Finally, respect for autonomy demands providing clients with comprehensive information, empowering them to make informed decisions about their involvement with AI-assisted practices.

Effective Strategies for Obtaining AI Informed Consent

Behavioral health clinicians should clearly communicate how AI technology assists in clinical documentation and explicitly highlight its advantages, such as improved note accuracy, reduced administrative burden, and enhanced clinician productivity, allowing more direct and meaningful client interactions. It is important to offer straightforward explanations regarding data management practices and security measures so that the client understands exactly who will have access to their information. Providing clients with options to opt-out or revoke consent without negative consequences supports their autonomy. Additionally, clinicians should ensure that consent documents are easy to understand and clearly explain how AI will be used.

What Should an AI-Informed Consent Form Include?

  • A plain-language explanation of the AI tool used
  • A description of how patient data is processed and stored 
  • An explicit opt-out clause

How ICANotes Supports Clinicians in Compliance and Consent Management

The ICANotes Behavioral Health EHR offers features specifically designed to help clinicians maintain regulatory compliance and accurately document informed consent:

  • Secure Documentation Storage: ICANotes securely stores consent forms and related documentation, ensuring easy retrieval during audits or regulatory reviews.
  • Customizable Templates: Clinicians can utilize a built in AI Informed Consent form or create their own with our user-friendly form builder, ensuring comprehensive documentation consistent with ethical guidelines and regulatory requirements.
  • Audit Trails and Accountability: Detailed audit trails provide transparency about who accessed documentation, helping clinicians manage data security and maintain client trust.

Best Practices for AI Informed Consent

  • Engage in an open dialogue with clients about their comfort level regarding AI use.
  • Continuously review and update informed consent procedures to reflect technological advancements and regulatory updates.
  • Remain educated on current ethical guidelines and emerging practices regarding AI in healthcare.

Final Thoughts on Informed Consent and AI

Integrating AI into healthcare practices presents valuable opportunities to enhance care delivery. AI promises to transform behavioral health documentation—but transformation without transparency is a risk, not a benefit. Clinicians who prioritize informed consent and ethical considerations maintain trust, uphold client autonomy, and comply with ethical and legal standards, ultimately fostering better client outcomes and stronger provider-client relationships.

Dr. October Boyles

DNP, MSN, BSN, RN

Dr. October Boyles is a distinguished healthcare professional with extensive expertise in behavioral health, clinical leadership, and evidence-based care delivery. With a Doctor of Nursing Practice (DNP) from Aspen University and advanced degrees in nursing, she brings a depth of clinical knowledge and a passion for improving mental health care services.