Short answer for California: Get the patient's clear consent before the AI scribe starts recording, and document it. California is an all-party consent state and the most heavily litigated environment in the country for AI recording right now, so this is the state where it pays to be careful and explicit.

Not legal advice. General educational information only. California's rules are strict and evolving — confirm your approach with your own counsel or compliance team.

California's recording rule

California requires the consent of all parties to record a confidential communication (Penal Code § 632, part of the California Invasion of Privacy Act). A clinical visit is a confidential communication, so the patient — and any family member, caregiver, or interpreter whose voice is captured — must agree before recording begins. The statute carries a private right of action and statutory damages, which is what makes it a magnet for class actions.

Why California needs extra care

• The CMIA. California's Confidentiality of Medical Information Act adds protections for medical information that go beyond the standard recording rule. It's a second, independent layer.
• Active litigation. A class action filed in early 2026 against a large California health system and its ambient-scribe vendor alleges a patient was recorded without genuine consent, raising both CMIA and wiretapping claims, and put a spotlight on consent practices and on how long vendors retain recordings. Whatever the outcome, it signals that plaintiffs' attorneys are watching this space closely in California.
• AI-disclosure law (AB 3030). California requires a disclosure when generative AI is used to create patient communications about clinical information. There's an exemption when a licensed provider reviews the communication — which generally covers a scribe-drafted note that the clinician reviews and finalizes — but it's another reason to be transparent.

What to do in California

• Ask clearly and before recording. Verbal consent can satisfy the statute if it's clearly given before the scribe starts, but given the litigation climate many California practices use a written or documented consent and add it to intake paperwork.
• Document every time. Note in the chart that the patient was informed and consented.
• Include everyone in the room in the ask — California's all-party rule means each voice counts.
• Honor opt-outs and deletion requests, and know your vendor's retention and deletion policy so you can answer a patient who asks.
• Remember the provider reviews and finalizes every note — the recording is a documentation aid, not the medical record.

Related

See the main article, Do I Need Patient Consent to Use an AI Scribe?, for the verbal scripts, documentation examples, and the printable clinic notice. To collect written consent — a sensible step in California — use the Sample Consent Form for AI Scribe.

Last reviewed: June 2026.