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31 August 2026

Rhode Island Becomes First State To Require AI Scribe Disclosure And Opt-Out Process

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Sheppard, Mullin, Richter & Hampton LLP

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Rhode Island has become the first state to require healthcare providers to notify patients when AI technologies assist with clinical notetaking and documentation. The new law mandates transparency around ambient AI scribe tools but leaves key implementation details unspecified, raising questions about enforcement and consistency across healthcare settings.
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Earlier this summer, Rhode Island Governor Dan McKee signed the Use of Artificial Intelligence by Healthcare Providers Notification Act ("the Act")1, which requires healthcare providers and healthcare facilities to notify patients if they use AI technologies to assist with notetaking during patient visits and to review the AI-generated documentation for accuracy after the visit. The Act made Rhode Island the first state to enact a law specifically addressing the use of ambient AI scribe technologies in clinical encounters. As AI-powered documentation tools become increasingly common in healthcare settings, this legislation reflects growing concerns about patient transparency and data privacy.

Who and What the Act Covers

The Act applies to a wide range of healthcare providers and healthcare facilities. The Act defines “Healthcare provider” as including physicians, physician assistants, dentists, registered nurses, licensed practical nurses, advanced practice registered nurses, nursing assistants, and any other healthcare professional licensed by the director of the Rhode Island Department of Health and incorporates the existing definition of "Healthcare facility" under R.I. Gen. Laws section 23-17-22. Together, these definitions capture virtually all licensed clinical settings in the state.

Notably, the Act’s notice obligation is limited to the use of AI for documenting a patient’s visit. It does not require providers to notify patients of other AI uses, such as AI-assisted diagnostic imaging or clinical decision support. The Act also does not prescribe any specific wording or format for patient notification, giving providers and facilities flexibility in how they choose to comply. This lack of prescribed notification standards could result in inconsistent patient disclosure practices across different healthcare settings.

Larger Trends of Legislation on AI in Healthcare

Rhode Island’s Act is part of a larger wave of state-level regulation targeting AI in healthcare. In the absence of comprehensive federal legislation, states have taken the lead in establishing guardrails for how AI technologies are deployed in clinical settings. According to the Transparency Coalition’s 2026 Mid-Year State AI Legislation Report, 84 new AI-related laws have been enacted in 27 states, with healthcare emerging as one of the most active areas of legislative attention.3

Moving Forward

The Act took effect immediately upon passage on June 22, 2026, meaning that all covered healthcare providers and facilities must immediately comply. Unlike some other state healthcare AI laws, the Act does not include a delayed effective date, a rulemaking period, or a formal enforcement mechanism. It also does not specify penalties for noncompliance.

Therefore, healthcare providers and facilities currently using or considering AI scribe technologies should take steps necessary to ensure compliance with the Act, including but not limited to implementing patient notification protocols and establishing documentation review procedures.

Footnotes

1. See Rhode Island S.B. 2570, R.I. Gen. Laws ch. 23-106, Use of Artificial Intelligence by Healthcare Providers Notification Act (effective June 22, 2026). 

2. See R.I. Gen. Laws § 23-17-2. 

3. See Transparency Coalition, TCAI Mid-Year AI Legislation Report: 84 New AI Laws Enacted in 27 States so far in 2026 (July 21, 2026).

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