Question · FSMB AI / state boards

Do I need patient consent to use AI in a clinical encounter?

The FSMB's House of Delegates adopted policy in April 2024 saying physicians stay accountable for care delivered with AI and setting expectations on understanding tools, documentation, informed consent, privacy and bias.

AboutFSMB AI / state boards
Legal forceProfessional guidance, not binding; boards may apply it through existing standards
Applies fromApril 2024
Checked21 Oct 2026

01 / The answer

The short answer

Professional guidance says yes: the FSMB policy adopted in April 2024 says physicians should obtain a patient's consent before applying an AI tool to their care and should disclose when and how AI is used. That policy is not law, so whether consent or disclosure is legally required depends on your state. For example, Texas's Responsible Artificial Intelligence Governance Act, in force since January 1, 2026, requires health care providers to disclose AI use in a service or treatment. Check your state's laws and your medical board's position.
FSMB AI / state boards · checked 21 Oct 2026

02 / The rule

What FSMB AI / state boards requires

The FSMB's House of Delegates adopted policy in April 2024 saying physicians stay accountable for care delivered with AI and setting expectations on understanding tools, documentation, informed consent, privacy and bias. Boards cannot regulate AI products directly, but they discipline licensees, so this policy signals how boards are likely to judge AI-related complaints.

  1. 01Accept that the physician is ultimately responsible and accountable for harms from AI used in care.
  2. 02Understand the AI tools used well enough to explain how an output was reached and why it was followed or not.
  3. 03Document the rationale when deviating from an AI recommendation, and be able to give a reasonable account of how the AI reached its output and why it was followed or not.
  4. 04Obtain patient consent before applying an AI tool to their care and be ready to disclose its use.

03 / Records

Records to keep

  1. 01Chart notes documenting AI use and clinical rationale
  2. 02Patient consent or disclosure records for AI tools
  3. 03Vendor security and data-handling review for AI tools
  4. 04AI-related CME completion records

Optional evidence · where Planisphere fits

Keep a record anyone can check

When your team meets a duty, Planisphere can seal the event it reports as a receipt.

01 · Your teamRecord the event

A disclosure shown, a review signed, a model change approved: the event your system reports.

02 · PlanisphereSeal it

The event becomes a sealed receipt, dated and attributed to whoever is signed in.

03 · AnyoneCheck it

Paste the receipt into Verify. No account or key.

A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.

SOURCES

Go back to the source

GUIDANCE
Incorporation of AI Into Practice (FSMB policy as posted for New York licensees)

New York State Education Department, Office of the Professions

RELATED

Related: FSMB AI / state boards: the full guide · Who is liable when a physician follows an AI recommendation that causes harm? · What do state medical boards say about using AI in clinical decisions?