FAQ
ConsultNote.ai and Frequently Asked Questions.
Consultnote.ai aims to revolutionise doctor-patient interactions, massively increase patient and doctor satisfaction while improving patient care and documentation.
We are fully committed to a safe and effective implementation of this new technology. We are stakeholders (patients and doctors) who wish to work with other stakeholders. We agree with the position statements of the RACGP and AMA on the implementation of AI and have contacted both organisations to work collaboratively. Doctors and patients must be the main stakeholders in this technology space. Particularly we agree with the RACGP position that
GPs must be involved in the development and integration of AI-based solutions in primary care, to ensure solutions are fit-for-purpose
The app complies with the TGA regulation of medical software. As it “it is intended only for the purpose of providing or supporting a recommendation to a health professional about prevention, diagnosis, curing or alleviating a disease, ailment, defect or injury; and it is not intended to replace the clinical judgement of a health care professional to make a clinical diagnosis or treatment decision regarding an individual patient.”, it is considered an exempt medical device. We strongly advocate for the development of safe implementation of AI technology in medicine and look forward to collaborating with the TGA to help implement regulation as the field evolves.
The App is developed and operated by ConsultNote.AI pty ltd. It enables Australian accredited health practitioners to conduct medical consultations using practitioner-patient transcription services (the Transcription) using a voice to text API (Text-API) and then converting the Transcription into medical notes (the Medical Notes) for practitioners using a large language model API (LLM-API).
By using the Text-API and LLM-API, the App assists medical practitioners to streamline their workflow and enhance efficiency.
Each State and Territory (other than Queensland), expressed or implied consent is required for the recording of a conversation. Accordingly, we recommend you publicly display our template notice found at www.consultnote.ai/notice and bring the Notice to the patient’s attention (but this is not necessary so long as you have obtained verbal consent from the patient). You can do this by notifying the patient to read the Notice; verbally ask if they consent to the statements made in the Notice; and record in the medical records of these steps taken by the Practitioner. For example, we recommend the medical records state words to the effect of:
“Patient’s attention brought to the notice displayed in office that states voice to text technology will be used. Patient confirmed reading the notice and consented to the conversation to be temporarily recorded for the purposes of transcribing the consultation”.
Alternatively, if the practitioner has not publicly displayed the Notice (or similar), then we recommend you say words to the effect of:
“Do you consent to this consultation being temporarily recorded for the purpose of me using speech-to-text technology to assist me in preparing my medical notes”, and then documenting the same in your medical record.
Once the medical practitioner and the patient have consented for the App to be used for a consultation, the conversation between the medical practitioner and the patient is automatically transcribed using the Text-API. The LLM-API is then utilised to act upon the transcribed information to create the Medical Notes or to provide the AI Suggestions. The practitioners are then required to evaluate and review the generated Medical Notes and the AI Suggestions and make any necessary amendments to ensure the accuracy of the collected information.
The App complies with:
- the Privacy Act 1988 (Cth) and Privacy and Data Protection Act 2014 (VIC) ensuring that the information is properly collected, stored, used or released as stated in our Privacy Policy;
- the Health Records Act 2001 (VIC) ensuring that practitioners are informed that they must maintain their health records securely for the mandatory retention periods;
- the Surveillance Devices Act 1999 (VIC) as the App requires each party who will be recorded during a consultation to consent, either expressly or impliedly, to the recording of the consultation for the purposes of creating a transcription of the consultation to be converted into medical notes for the medical practitioner; and
- the Electronic Transactions (Victoria) Act 2000 (VIC) enabling the medical notes to be maintained by electronic means that are readily accessible.
The App complies with:
- the Privacy Act 1988 (Cth) ensuring that the information is properly collected, stored, used or released as stated in our Privacy Policy;
- the Health Records (Privacy and Access) Act 1997 (ACT) ensuring that practitioners are informed that they must maintain their health records securely for the mandatory retention periods;
- the Listening Devices Act 1992 (ACT) as the App requires each party who will be recorded during a consultation to consent, either expressly or impliedly, to the recording of the consultation for the purposes of creating a transcription of the consultation to be converted into medical notes for the medical practitioner; and
- the Electronic Transactions (Victoria) Act 2000 (VIC) enabling the medical notes to be maintained by electronic means that are readily accessible.
The App complies with:
- the Privacy Act 1988 (Cth) ensuring that the information is properly collected, stored, used or released as stated in our Privacy Policy;
- the Health Records and Information Privacy Act 2002 (NSW) ensuring that practitioners are informed that they must maintain their health records securely for the mandatory retention periods;
- the Surveillance Devices Act 2007 (NSW) as the App requires each party who will be recorded during a consultation to consent, either expressly or impliedly, to the recording of the consultation for the purposes of creating a transcription of the consultation to be converted into medical notes for the medical practitioner; and
- the Electronic Transactions Act 2000 (NSW) enabling the medical notes to be maintained by electronic means that are readily accessible.
The App complies with:
- the Privacy Act 1988 (Cth) ensuring that the information is properly collected, stored, used or released as stated in our Privacy Policy;
- Queensland, the Northern Territory and Tasmania do not have separate privacy laws dealing with the private sector, and the State of Western Australia and South Australia do not have specific legislation regarding health information;
- the Invasion of Privacy Act 1971 (QLD) does not require consent for the recording as the practitioner is a party to the private conversation;
- the Surveillance Devices Act 2007 (NT), Surveillance Devices Act 2016 (SA), Listening Devices Act 1991 (TAS) and Surveillance Devices Act 1998 (WA) as the App requires each party who will be recorded during a consultation to consent, either expressly or impliedly, to the recording of the consultation for the purposes of creating a transcription of the consultation to be converted into medical notes for the medical practitioner; and
- the Electronic Transactions Act 1999 (Cth) enabling the medical notes to be maintained by electronic means that are readily accessible.
We are committed to protecting privacy and we confirm that the App and its associated technologies such as the Text-API and LLM-API comply with the Privacy Act 1988 (Cth) which encompasses the Australian Privacy Principles (the APPs).
Any personal information that you provide ConsultNote.ai for the purposes of creating an account to use the App will be collected by ConsultNote.ai for the purpose of the services, and will only be released insofar as it is necessary to provide the services to you. The App also collects information regarding the user’s interaction with the App such as the log in and log out times, dates, number of minutes using the Text-API or the LLM-API and your IP address, MAC address for billing and anti-piracy purposes.
Since the App is not a cloud-based software, but rather is installed directly onto a user’s personal device, the health information that you provide about a patient is not stored, collected or accessible by ConsultNote.ai. Instead, any health information that is provided by you in using the Transcription or Medical Notes functionality of the App will be used by the Text-API and the LLM-API to create the Transcription and Medical Notes, and to provide the AI Suggestions.
Finally, the information that is collected by the Text-API or LLM-API when you use the App is limited to the information that you input for the creation of the Transcript or Medical Notes or use of the AI Suggestions.
For more information, please visit our Privacy Policy found at https://www.consultnote.ai/privacy-policy/.
Prior to using the App, we will obtain expressed consent from the medical practitioner by the medical practitioner accepting our terms and conditions and privacy policy. The practitioner is also required to obtain expressed or implied consent from the patient prior to using the App for the creation of the Transcription and Medical Notes. It is recommended verbal consent to be obtained by a patient and for the practitioner to record that consent in their medical notes.
NOTE
Each State and Territory (other than Queensland), expressed or implied consent is required for the recording of a conversation. Accordingly, we recommend you publicly display our template notice found at www.consultnote.ai/notice (the Notice) and bring the Notice to the patient’s attention (but this is not necessary so long as you have obtained verbal consent from the patient). You can do this by notifying the patient to read the Notice; verbally ask if they consent to the statements made in the Notice; and record in the medical records of these steps taken by the Practitioner. For example, we recommend the medical records state words to the effect of:
“Patient’s attention brought to the notice displayed in office that states voice to text technology will be used. Patient confirmed reading the notice and consented to the conversation to be temporarily recorded for the purposes of transcribing the consultation”.
Alternatively, if the practitioner has not publicly displayed the Notice (or similar), then we recommend you say words to the effect of:
“Do you consent to this consultation being temporarily recorded for the purpose of me using speech-to-text technology to assist me in preparing my medical notes”, and then documenting same in your medical record.
Once the medical practitioner and the patient have consented for the App to be used for a consultation, the conversation between the medical practitioner and the patient is automatically transcribed using the Text-API. The LLM-API is then utilised to act upon the transcribed information to create the Medical Notes or to provide the AI Suggestions. The practitioners are then required to evaluate and review the generated Medical Notes and the AI Suggestions and make any necessary amendments to ensure the accuracy of the collected information.
The Transcription is temporarily cached by the Text-API in accordance with the Text-API terms and conditions and is then transferred to the LLM-API to create the Medical Notes, and is temporarily cached by the LLM-API in accordance with its terms and conditions.
The Medical Notes are stored on the user’s nominated data repository (ie, the user’s computer) using the user’s electronic medical records system (ie, such as Best PracticeTM or Medical DirectorTM) and must be maintained by the user in compliance with the mandatory health record retention period as prescribed by Federal and State legislation (as mentioned below). The App does not store the Transcription or Medical Notes and it is the user’s sole responsibility to extract the Medical Notes from the App and store such information on their own accord.
We do not collect, hold, use or disclose the medical or personal information imputed by the user into the App. Due to the App being independently downloaded and installed on a user’s personal device, the consultnote.ai does not have access to such information.
The information collected by the App will only be disclosed to the Text-API, LLM-API or payment gateway for the purposes of delivering the App’s functionality to the user.
An initial account top-up of $190 plus GST, plus ten dollar processing fee will be charged upon beginning of the subscription. You will then be charged for $190 at each subsequent monthly billing cycle (in addition GST and processing fees of maximum ten dollars).