Is AI Medical Scribing Legal in Arkansas? (2026 Guide)

The healthcare landscape in Arkansas is rapidly evolving, and AI medical scribing has emerged as a powerful tool for physicians looking to reduce administrative burden and improve patient care. But before implementing this technology in your practice, you need to understand the legal framework governing its use in the Natural State.

Understanding Arkansas Recording Laws

Arkansas operates under one-party consent laws when it comes to recording conversations. Under Ark. Code Ann. § 5-60-120, only one party to a conversation needs to consent to the recording for it to be lawful. This means that if you, as the healthcare provider, consent to using an AI medical scribe to record and transcribe patient encounters, you have met the basic legal threshold for recording under state law.

However, one-party consent is just the starting point. Healthcare providers must navigate additional considerations to ensure full compliance.

What This Means for Your Medical Practice

The one-party consent framework in Arkansas provides a relatively straightforward path for implementing AI medical scribing solutions. Here's what you need to know:

The Legal Baseline

• As a participant in the conversation, your consent to the AI recording satisfies Arkansas state law

• You are not legally required to obtain patient consent for the recording itself under Ark. Code Ann. § 5-60-120

• This applies to in-person visits, telehealth appointments, and phone consultations

Best Practices Beyond Minimum Requirements

While Arkansas law may not mandate patient consent for recordings, transparency remains essential for several reasons:

1. HIPAA Compliance: Federal healthcare privacy regulations still apply, requiring appropriate safeguards for protected health information (PHI)

2. Patient Trust: Informing patients about AI scribing technology maintains the physician-patient relationship

3. Ethical Standards: Medical ethics guidelines generally favor transparency with patients

4. Malpractice Considerations: Clear documentation of your AI scribing practices can protect you in liability situations

Implementing AI Medical Scribing Compliantly

Step 1: Review Your Technology Vendor

Ensure your AI medical scribing solution:

• Maintains HIPAA compliance with appropriate Business Associate Agreements (BAAs)

• Uses secure, encrypted data transmission and storage

• Has clear data retention and deletion policies

• Provides audit trails for all recorded encounters

Step 2: Update Your Practice Policies

Consider developing policies that address:

• When and how AI scribing will be used

• How recordings and transcriptions are stored

• Patient notification procedures (even if not legally required)

• Staff training on the technology

Step 3: Consider Voluntary Disclosure

Many Arkansas healthcare providers choose to inform patients about AI scribing through:

• Signage in waiting areas and exam rooms

• Intake form disclosures

• Verbal notification at the start of appointments

• Patient portal communications

Special Considerations for Arkansas Providers

Telehealth Encounters

When providing telehealth services to patients located in other states, remember that the patient's location may determine which state's recording laws apply. Always verify consent requirements for interstate telehealth encounters.

Pediatric and Incapacitated Patients

When treating minors or patients who cannot consent for themselves, consider whether additional notification to guardians or healthcare proxies is appropriate.

Mental Health and Sensitive Services

Certain types of healthcare encounters may warrant additional privacy considerations, even when not strictly required by Arkansas law.

Frequently Asked Questions

Q: Do I need written consent from patients to use AI medical scribing in Arkansas?

A: Under Ark. Code Ann. § 5-60-120, written patient consent is not required since Arkansas is a one-party consent state. However, obtaining consent may still be advisable for ethical and trust-building purposes.

Q: Can patients opt out of AI scribing?

A: While not legally required to offer opt-outs, many practices choose to accommodate patient preferences as a matter of good patient relations.

Q: Does AI scribing create additional HIPAA obligations?

A: Yes. Any technology that processes PHI must comply with HIPAA requirements, including security safeguards and Business Associate Agreements with vendors.

The Bottom Line

AI medical scribing is legal in Arkansas under the state's one-party consent framework established by Ark. Code Ann. § 5-60-120. As the consenting party, healthcare providers can implement these solutions without requiring explicit patient permission for recordings.

However, legal compliance is just one piece of the puzzle. Successful implementation requires attention to federal privacy regulations, ethical considerations, and patient relationship management.

This guide is intended for informational purposes only and does not constitute legal advice. Healthcare providers should consult with qualified legal counsel to address their specific circumstances and ensure compliance with all applicable laws and regulations.

Last updated: 2026