Using PatientNotes in Compliance with Australian Legal Guidelines (AHPRA)

Key Summary:

• Healthcare professionals must review and verify AI-generated notes from PatientNotes to ensure accuracy and compliance with AHPRA guidelines, maintaining responsibility for all clinical documentation.
• Patient consent is essential when using AI tools like PatientNotes, and data must be securely stored, adhering to the Australian Privacy Act and relevant legislation.
• Ethical considerations, including ensuring data security and preventing bias, must be prioritised when using AI in clinical practice, alongside organisational governance and professional indemnity insurance checks.

‍

PatientNotes is an AI-powered clinical note-taking tool designed to streamline documentation for healthcare professionals. To ensure compliance with the Australian Health Practitioner Regulation Agency (AHPRA) guidelines, users must adhere to professional obligations when integrating AI in their practice. Below is a summary of key legal and ethical considerations when using PatientNotes in Australia.

AI in Healthcare: Understanding Its Role

AHPRA recognises the growing use of AI tools like medical scribing software to enhance efficiency and reduce administrative burden. However, generative AI tools, including PatientNotes, do not qualify as therapeutic devices and are not regulated by the Therapeutic Goods Administration (TGA). Therefore, their use must align with professional standards, ensuring accuracy, ethical considerations, and patient privacy.

Meeting Professional Obligations

Healthcare professionals must uphold accountability, transparency, and ethical practice when using AI tools such as PatientNotes. The following principles apply:

Accountability

• Practitioners remain responsible for all clinical documentation produced using PatientNotes.
• AI-generated notes must be reviewed, verified, and edited where necessary to ensure accuracy and relevance.
• TGA approval is not required for AI scribing tools, but practitioners must assess their suitability before use.

Understanding AI Tools

• Users must familiarise themselves with how PatientNotes functions, including its training data, limitations, and intended applications.
• AI-generated content should not be used for diagnosis, treatment decisions, or patient management without human oversight.
• Healthcare professionals should verify how PatientNotes handles data storage, processing, and retention.

Transparency and Informed Consent

• Patients should be informed when AI tools are being used to document their consultations.
• Explicit patient consent must be obtained before entering personal or sensitive data into AI-based transcription tools.
• AI-generated records should be stored securely and comply with privacy legislation to prevent unauthorised data disclosure.

Privacy, Security, and Data Protection

• PatientNotes users must ensure compliance with the Australian Privacy Act and relevant health records legislation.
• AI tools must not compromise patient confidentiality, and practitioners should verify whether patient data is being used to train AI models.
• PatientNotes should be hosted on local Australian servers to maintain data security and privacy compliance.

Ethical and Legal Considerations

• AI-generated documentation should not introduce bias or inaccuracies, particularly when applied to diverse patient populations, including Aboriginal and Torres Strait Islander communities.
• Practitioners should confirm whether their professional indemnity insurance covers the use of AI-powered scribing tools.
• Organisational governance policies should be followed to oversee the implementation, monitoring, and ongoing use of AI in clinical settings.

Conclusion

PatientNotes is a valuable AI tool that enhances clinical documentation efficiency while ensuring compliance with AHPRA’s legal and ethical guidelines. Healthcare professionals using PatientNotes must exercise professional judgment, maintain transparency with patients, and implement robust data security measures, including hosting on Australian servers. By adhering to these best practices, users can leverage AI responsibly to improve healthcare delivery while maintaining trust and compliance with regulatory standards.

References

Australian Health Practitioner Regulation Agency (AHPRA). Artificial Intelligence in Healthcare. Available at: www.ahpra.gov.au/Resources/Artificial-Intelligence-in-healthcare.aspx

Australian Health Practitioner Regulation Agency (AHPRA). AI in Healthcare Code of Conduct. Available at: www.ahpra.gov.au/News/2024-08-22-AI-in-healthcare-code-of-conduct.aspx

‍