To use AI for therapy notes legally and ethically, you need your client's specific, informed consent before recording or processing any session. A general consent form from five years ago doesn't cover it. Clients need to understand what AI is being used, what data it processes, how it's stored, and that they can refuse without affecting their care.
Why standard consent isn't enough
The professional and legal consensus as of 2026 is clear: AI note-taking is a materially different process from hand-written notes. It typically involves:
- Audio recording or transcription of the session
- Processing of that content by an AI system
- Storage of data on a third-party vendor's infrastructure
Each of these requires specific disclosure. Clients have the right to refuse any of them.
What your AI consent must cover
The five essentials:
- What AI tool you use — name the vendor (e.g. Eclio)
- What it does — records and/or transcribes sessions to generate clinical notes
- What data it processes — audio, transcription, session content
- How it's stored and protected — encryption, GDPR/HIPAA compliance, no training on client data
- Their right to refuse — they can decline without affecting their therapy
Template language (adapt to your context)
"I use an AI-assisted note-taking tool called [Eclio/your tool] to help me document our sessions. With your consent, sessions may be recorded or transcribed in order to generate clinical notes. This tool is [GDPR/HIPAA]-compliant, data is encrypted and stored on secure infrastructure in [EU/US], and your session content is never used to train the AI. You can refuse this at any time without it affecting your care — I will document sessions manually in that case."
How to have the conversation
The consent conversation typically happens:
- At intake — include it in your informed consent form
- Before the first AI-assisted session — verbal confirmation and signature
- When you change tools — a new tool = new consent
Make the conversation normal, not alarming. Most clients accept AI note-taking when it's explained clearly; resistance usually comes from a lack of explanation, not principled objection.
Documentation
Keep a record of:
- The consent form signed and dated
- The date from which AI note-taking began
- Any clients who declined and how sessions were documented instead
The bottom line
Informed consent for AI isn't a bureaucratic hurdle — it's a chance to be transparent about your practice and build trust. Therapists who explain it clearly find that most clients are relieved by the honesty, not alarmed by the technology.
For choosing a compliant tool, see Is It Safe to Use AI for Therapy Notes?.