AI, Recording and Digital Tools Policy

Technology changes quickly. This section clarifies how my practice addresses artificial intelligence (AI), recording, transcription, and other digital tools. I designed these policies to protect confidentiality and preserve the therapeutic frame (i.e., therapy as a confidential space where you feel heard and emotionally held, enabling us to collaborate freely to help you address the reasons you sought help in the first place).

Definitions

  • “AI” includes generative AI/chatbots, transcription/summarization tools, “ambient scribe” tools, voice-to-text systems, meeting captioning or live transcription features, and any software that analyzes, transforms, or generates content from session communications;
  • “Recording” includes audio, video, screen, or livestream recordings, photography, or any other capture of session content. It also includes creating or saving transcripts (manual or automated);
  • “Session content” includes anything said or shown in session, and information discussed about third parties.

Therapist/Analyst Use of AI

I do not use AI tools to record, transcribe, summarize, or generate psychotherapy notes from our sessions, nor do I use it to generate diagnoses, treatment decisions, or clinical interventions. All clinical judgment is performed by me.

If I ever propose using an AI-enabled tool in connection with my clinical treatment, I will disclose: its purpose directly to you; anticipated benefits and risks; how information would be protected; and whether the tool involves any third-party processing. I will obtain your written consent before any such use and will discuss reasonable alternatives if you prefer to opt out. That said, I may use AI for administrative tasks, such as appointment reminders or billing, that do not involve clinical content.

Patient Use of AI Related to Treatment

Many people use digital tools (including AI) outside of sessions to journal, reflect, or organize thoughts. Of course, you may use tools of your choosing. However, if you share psychotherapy material, identifying information, recordings, or transcripts with third-party platforms (including but not limited to AI systems such as ChatGPT, Claude, Perplexity, or Gemini), confidentiality and privacy protections may be reduced, and those materials may be stored, processed, or accessed outside of my control.

To protect your privacy and the treatment process, you agree not to use AI to record, transcribe, summarize, analyze, or otherwise process our sessions or session content without my explicit written permission.

Risks of using AI or third-party tools with psychotherapy material may include:

  • Loss of confidentiality (e.g., storage on third-party servers; vendor access; breaches; reuse under vendor terms);
  • Inability to fully control retention, deletion, or downstream use once uploaded or shared;
  • Decontextualization or misinterpretation (including inaccurate summaries);
  • Greater risk that sensitive information becomes accessible in legal, employment, educational, insurance, or other third-party contexts;
  • Potential use of your data to train AI models, making your private information part of systems used by others;
  • Disruption of the therapeutic relationship if sessions are experienced as surveilled.

If you are considering using AI or any third-party tool for treatment (including for accessibility or memory support), please discuss it with me first. For some conditions, such as Attention-Deficit Hyperactivity Disorder (ADHD), we can consider safer alternatives (e.g., in-session note-taking, written summaries, or other accommodations) with a separate written agreement that specifies the purpose, security, access, and retention.

AI tools are not a substitute for emergency or crisis services. If you are in imminent danger or at risk of harm, call 911, go to the nearest emergency room, or contact the following resources that are available 24/7:

Recording of Sessions (In-Person and Telehealth)

Sessions are not to be recorded by either party without the explicit prior written consent of the other party. This applies to in-person sessions and telehealth sessions and includes audio, video, screen recording, photographs, and automated transcription/captioning.

Recording laws vary by jurisdiction and by modality (audio vs. video). Regardless of what may be legally permissible in a given jurisdiction, recording/transcription is not permitted in this practice without prior written agreement.

If recording is agreed upon, the written agreement will specify, at a minimum, the purpose, method, storage/encryption, access, whether it becomes part of the clinical record, the retention period, and who is responsible for destruction.

Electronic Devices During Sessions

You agree to disable or not use devices, apps, or platform features that could record, screen-capture, transcribe, or stream sessions unless explicitly agreed in writing. This includes “live captions,” “meeting transcripts,” voice assistants, smart speakers, or similar always-listening devices such as Amazon’s Echo or Google Home.

If Unauthorized Recording or AI Processing Occurs

If I become aware that a session has been recorded or processed using AI without mutual written consent, we will address it as a clinical and practical matter. Depending on circumstances, I may determine that I cannot continue treatment under those conditions and may proceed with termination and referral, consistent with the termination provisions of this Agreement. If you inform me that you recorded a session without my authorization, I will not use this disclosure against you, but we will need to discuss whether treatment with me can continue.

I may document relevant facts about such events in the clinical record when clinically or legally appropriate.