AI in Health Care: Texas and Louisiana Tighten Patient Disclosure Rules

Artificial intelligence is rapidly becoming part of routine patient care, from diagnostic support tools to ambient listening and clinical documentation platforms. In response, Texas and Louisiana have enacted new laws requiring certain disclosures when AI is used in health care settings.

Texas now requires patient disclosure when AI is used for diagnostic purposes and plain-language notice when AI is used in treatment. Louisiana requires a verbal disclosure before using a recording device, software or service to transcribe a medical appointment or treatment through AI.

These developments signal a broader shift in health care AI regulation. Organizations using AI-enabled tools should evaluate whether their patient communications, documentation practices, staff training and vendor management processes align with the new requirements.

Texas: Enacted AI Disclosure Laws for Treatment and Diagnostic Use

Texas adopted two AI-related disclosure laws directly affecting physicians, clinics, hospitals, and other health care provider organizations. These laws require providers to build AI disclosures into ordinary patient-care workflows rather than treating AI governance as a back-office issue.

Senate Bill 1188 (effective September 1, 2025, codified at Tex. Health & Safety Code § 183.005) allows Texas health care practitioners to use AI for diagnostic purposes if:

• they remain within the scope of their license
• the use is not otherwise prohibited and
• the practitioner reviews AI-generated records consistent with Texas Medical Board standards.

For physicians and advanced practice providers, this means AI cannot replace clinical judgment. The treating professional remains responsible for reviewing the AI output and the resulting record.

The law requires practitioners to tell patients when AI is used for diagnostic purposes. While disclosure may be verbal or written, providers must decide how the disclosure will be made, who will give it, where it will be documented, and how the workflow will be monitored.

House Bill 149, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (effective January 1, 2026), adds a separate patient notice requirement when AI systems are used in treatment. Health care providers must inform patients or their guardians no later than the date of service or treatment, or as soon as reasonably possible in an emergency. The notice must be clear, conspicuous, and written in plain language. For administrators, this may require updates to intake materials, patient portal notices, consent forms, staff scripts, and EHR fields. (This part of TRAIGA is codified at Tex. Bus. & Com. Code § 552.051).

TRAIGA also updated Texas biometric privacy rules (CUBI, codified at Tex. Bus. & Com. Code § 503.001 et seq.), which applies if an AI tool captures or processes biometric identifiers such as voiceprints, facial geometry, fingerprints, or retina or iris scans for the purpose of uniquely identifying an individual. Organizations using ambient listening, facial recognition, or other AI-enabled tools should assess whether separate biometric consent, retention, and destruction requirements apply.

Louisiana: Enacted Targeted AI Transcription Consent Requirement

Louisiana’s new AI rule, House Bill 475, signed as Act 649, (effective August 1, 2026) targets practices using ambient scribes or AI transcription tools. The law requires a health care professional to verbally disclose the use of any recording device, software, or service before recording any part of an appointment or treatment to be transcribed by AI.

The state’s requirement is simple but important: patients must be told before any appointment or treatment is recorded for AI transcription. To support compliance, health care organizations should consider standardized scripts and clear documentation procedures for clinicians and staff involved in the patient encounter

If an organization uses AI transcription across multiple service lines or locations, leadership should confirm that:

• the disclosure process is consistent
• staff understand when it applies and
• there is a non-AI documentation workflow when AI transcription is not used or is unavailable.

Key Compliance Considerations for Health Care Organizations

Organizations operating in Texas or Louisiana should take a close look at how AI is used in patient care and whether existing processes reflect the new requirements.

Patient notice and disclosure: Organizations should review how and when patients are informed about the use of AI. A one-size-fits-all consent form may not be enough if different AI tools are used for transcription, diagnosis or treatment support. Because AI tools may be used by clinicians and other personnel, training should extend beyond physicians and include nurses, medical assistants and administrative teams.

Clinician oversight and documentation: AI can assist with documentation and decision-making, but it does not replace professional judgment. Organizations should confirm that licensed professionals review AI-generated notes, summaries and recommendations before those materials are relied on for patient care or included in the medical record.

AI tools  and data review: Many organizations use multiple AI-enabled tools across different departments and locations. Maintaining an inventory of those tools and the information they collect can help identify compliance obligations. Particular attention should be paid to tools that capture biometric information, such as voiceprints or facial scans, which may trigger additional notice, consent, security or record-retention requirements.

Vendor accountability: Organizations should understand how their AI vendors collect, store and use data. Vendors should be able to explain whether their products process protected health information (PHI) or biometric data and what resources they provide to support compliance, documentation and regulatory changes.

Action Items

Before expanding or standardizing AI tools across clinical operations, physicians and health care leaders should consider the following steps in the near term:

Create an inventory AI tools in use today, including ones that support:

• • Clinical documentation
  • Diagnosis and treatment support
  • Patient communications
  • Scheduling and prior authorizations
  • Coding and billing functions
  • Quality review and other operations

A complete inventory enables an organization to determine which disclosures and consent requirements apply.

Create simple patient-facing scripts. Give clinicians and staff clear, plain-language scripts they can use  when discussing AI tools with patients. The scripts should address AI transcription tools, diagnostic support,  and treatment-related AI in a consistent and understandable way to patients.

Build compliance into the workflow. Make it easy for staff to document AI activities as part of routine patient care. Consider adding EHR fields or prompts to record:

• • When an AI disclosure was provided
  • Whether an AI transcription tool was used
  • Whether a clinician reviewed AI-generated

Consider the need for patient portal notices, intake language, and other intake or signage that allows for consistent communications across the organization.

Train the right teams. Training should reach all personnel who may interact with AI tools to communicate with patients about them. This includes physicians, advanced practice providers, nurses, medical assistants, front-desk personnel, call-center teams, compliance staff, and IT personnel—not just leadership or legal.

Create alternatives when AI is not used. Practices should maintain alternative documentation workflows when AI transcription is not available or appropriate or not used. Train staff on these alternatives when consent for AI use is not given.

Review vendor agreements. Vendor contracts should address HIPAA, data use, model training, security safeguards, breach notification, product changes, patient disclosure and consent support, regulatory cooperation and responsibility for vendor-caused compliance failures.  Negotiate vendor agreements to address contractual deficiencies. 

Monitor legislative developments. Assign responsibility for monitoring Texas and Louisiana legislative activity, regulatory guidance, and enforcement actions. Update policies, procedures and workflows as requirements evolve.

If your organization operates in Texas or Louisiana and is deploying—or considering—AI-enabled tools, please contact Beau Haynes, Courtney Hurtig, Matt Harrell, Lucy Porter or any member of the Health Care or Artificial Intelligence teams to discuss how these developments may affect your operations and how to build a practical compliance roadmap.