Short answer for Washington: Get every recorded person's consent before the scribe starts, and — a Washington-specific tip — make sure the consent itself is captured. Verbal consent is fine; just document it.

Not legal advice. General educational information only; confirm your approach with your own counsel or compliance team.

Washington's recording rule

Washington's Privacy Act (RCW 9.73.030) requires the consent of all parties before a private conversation is recorded. A clinical visit, where the patient reasonably expects privacy, is covered. Violations are a gross misdemeanor and can carry civil liability, and a recording made unlawfully is generally inadmissible — so consent isn't a formality here.

The Washington-specific detail: capture the announcement

Washington law lets you satisfy the consent requirement by announcing, in a reasonably effective way, that you're going to record — and if the announcement is made and the conversation continues, consent is treated as given. The practical catch: the announcement itself should be part of the recording. So in Washington, the cleanest approach is to let the scribe begin, state out loud that you're using an AI assistant to document the visit, and proceed once the patient agrees — all captured on the recording.

What to do in Washington

• Announce the recording at the start, on the recording, and proceed once the patient agrees.
• Document it in the chart as well.
• Include everyone in the room (family, caregiver, interpreter) — all-party means every voice.
• If a patient declines, don't record; document the visit traditionally.

Related

See the main article, Do I Need Patient Consent to Use an AI Scribe?, for verbal scripts and the printable clinic notice. To collect written consent as an optional extra step, use the Sample Consent Form for AI Scribe.

Last reviewed: June 2026.