What is Consent and capacity (for clinic AI)?
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In clinic AI, consent and capacity refers to two linked requirements: the patient must give informed consent before a consultation is recorded by an AI scribe, and where a patient may lack the capacity to consent — covered in England and Wales by the Mental Capacity Act 2005 — the clinic needs a defined process rather than an assumption.
The consent half is operationally simple: the clinician explains that an AI tool will listen and draft the note, what happens to the audio, and asks before recording starts. Declining must be a real option that costs the patient nothing — you simply document the old way. The consent itself should be recorded in the note.
Capacity is where many AI tools and policies fall short, and it matters most in exactly the settings with the heaviest documentation loads: community neuro-rehabilitation, elderly care, paediatrics, severe mental illness. The Mental Capacity Act 2005 requires capacity to be assumed unless shown otherwise, assessed decision-by-decision — so a workable clinic policy covers who assesses, what a best-interests decision for recording looks like, when consultees or those with lasting power of attorney are involved, and how all of it is documented.
When evaluating vendors, ask directly: what is your recommended consent script, how does your product support patients who decline, and what's your guidance where capacity is in doubt? A vendor that hasn't thought about the capacity question hasn't thought hard about UK clinical reality.