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Open Book

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A Data Scientist Walks into a PT Clinic...

What one patient’s story reveals about AI, trust, and the future of regulation. This article is based on a presentation at the 2025 Annual Education Meeting by Nancy Kirsch, Alan Lee, Charlotte Martin, and Meg O’Connor.

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Meg did not walk into her physical therapy clinic expecting to later teach regulators, boards, and practitioners a lesson about artificial intelligence. She walked in as a patient. Over five years—and more than 250 visits—she built a deeply trusting relationship with her physical therapist. 

She trusted him with her care, her body, and something perhaps even more sensitive: her story. In the private setting of a treatment room, Meg shared the full context of her life—stressors, diagnoses, challenges, humor, and fears. It was the kind of therapeutic alliance physical therapists know well, where conversation is not incidental to care but part of it.

What she did not know was that she was not alone with her therapist. One day, mid-conversation, Meg noticed something unusual on her therapist’s screen. When she asked, the answer came quickly: the clinic had begun using an AI-powered scribe—software that leverages Artificial Intelligence to make sense of recorded conversations. The software records conversations, transcribes them, and generates documentation using Large Language Models to create meaningful notes and summaries.

Her therapist explained it was designed to save time, reduce documentation burden, and improve care. There was just one problem—he hadn’t told her ahead of time. In fact, he had been recording their sessions for three months without her knowledge.

What followed was not simply discomfort—it was a profound rupture in trust. Was it legal? In her state, yes—it was a one-party consent state, meaning recording could occur without her permission. But was it ethical?

Meg’s concerns extended beyond the act of recording itself. As a data scientist, she understood that the issue was not just that she was being recorded, but what happened to that recording afterward.

  • Where was her data going?
  • Who could access it?
  • How long would it be stored?
  • Was it part of her medical record?

Her therapist could not answer those questions in the moment. When the technology vendor eventually supplied answers, they were alarming.

The company stored full transcripts and audio recordings for up to ten years. The data was not de-identified. It could be accessed for legal discovery. Human reviewers could evaluate the data. The stakes shifted instantly. For Meg, this transformed a documentation tool into something far more consequential.

What she had thought were ephemeral conversations—shared in a trusted clinical setting—had become permanent, searchable artifacts.

The impact of the discovery went beyond data privacy and into a loss of autonomy. Because she did not know she was being recorded, she could not choose what to share, how to share it, or whether to share it at all. Her ability to make informed decisions about her own participation in care had been removed.

Physical therapy relies heavily on conversation—on rapport, trust, and the willingness of patients to speak openly about their lives. When that trust is broken, the consequences are not abstract. The technology intended to improve practice efficiency had instead undermined one of the practitioner’s core strengths.

A Regulatory Gap Comes into Focus

Meg’s story exposes a critical truth: in many ways, AI is advancing faster than regulation, guidance, and professional understanding.
Several gaps became evident:

  • Informed consent was unclear or undefined in the regulatory framework.
  • Practitioners lacked guidance on how to evaluate AI vendors and their data practices.
  • Patients had little visibility or power over how their data was collected and used.
  • Regulators themselves acknowledged knowledge gaps, particularly around HIPAA implications and emerging technologies.

Perhaps most importantly, the situation revealed a mismatch between expectations and reality. Patients assume that their privacy is protected in a clinical setting. Practitioners assume that tools marketed as “HIPAA compliant” are safe. Regulators assume that existing standards will apply.
But AI introduces new complexities—particularly when data is transmitted, stored externally, or used to train systems. Regulations and protections are scrambling to keep up with the rapid pace of technological advancement, leaving many gaps.

From Reactive to Proactive: A New Role for Boards

Rather than pursuing immediate disciplinary action, Meg raised a concern that reached far beyond her own experience. She was not trying to punish practitioners. She wanted practitioners and patients alike to understand what these new tools can do, what risks they may carry, and what safeguards need to be in place before AI becomes a routine part of care.

Regulators play an important role here. Rather than waiting for complaints and responding after harm occurs, boards have an opportunity—and arguably a responsibility—to act proactively. Boards should consider how they can best educate practitioners to enhance public protection.

  • Help practitioners understand risks before they adopt new technologies.
  • Help practitioners understand their professional responsibility in the patient-provider relationship when they engage in the delivery of new techniques or use new technology.
  • Provide practical guidance on safe implementation.
  • Support informed decision-making at the point of care.

In Meg’s state, the Louisiana Physical Therapy Board carefully considered Meg’s concerns and created the following resources for practitioners:

  • A detailed newsletter outlining AI risks and considerations
  • A checklist of questions practitioners should ask vendors
  • Educational materials that could be easily accessed and applied
  • Templates to support informed conversations with patients

These efforts demonstrate that boards can play a critical role—not just as enforcers, but as educators and partners.

Practical Lessons for Boards

Meg’s story offers several clear, actionable lessons for boards considering their approach to AI.

Prioritize Informed Consent

Boards should clarify expectations around informed consent—not only for recording, but for any technology that captures or transmits patient data. At a minimum, practitioners should take the following actions:

  • Disclose the use of AI tools.
  • Explain what data is being collected.
  • Provide ongoing informed consent.
  • Describe where data is stored and for how long.
  • Allow patients the opportunity to opt in or out.

Informed consent is not just a legal concept—it is foundational to patient autonomy and trust.

Provide Vendor Evaluation Guidance

Many practitioners, particularly in smaller clinics, are not equipped to evaluate complex technology agreements. Boards can help by offering the following resources:

  • Checklists for evaluating AI vendors
  • Guidance on reviewing Business Associate Agreements (BAAs)
  • Key questions about data storage, retention, and access

Meg’s case highlights how critical these details are—and how easily they can be overlooked.

Address the Realities of Practice

AI adoption is often driven by real pressures—time constraints, reimbursement challenges, and administrative burden. AI-powered documentation tools can address real challenges:

  • Reducing administrative burden
  • Improving workflow efficiency
  • Decreasing clinician burnout
  • Allowing more time for patient care

These are meaningful benefits, especially for smaller practices and clinicians facing increasing pressures. It can help practitioners avoid tedious work and spend more time focused on patients. Boards should acknowledge this reality. Guidance should not simply warn of risks, or worse, ban such technology. Instead, it should also provide practical pathways for safe use, recognizing that these tools are increasingly part of everyday practice.

Engage Patients as Stakeholders

Meg’s role in shaping the regulatory response demonstrates the value of patient input. Boards should also consider educating patients and the public.

  • Develop consumer-facing resources.
  • Create question lists patients can use.
  • Promote awareness campaigns about AI in healthcare.

Patients are not passive participants—they are partners in protecting their own data.

Move Beyond Enforcement

Perhaps most importantly, boards should resist the instinct to focus solely on discipline. Education and guidance can prevent violations before they occur. If boards only act after harm, they miss the opportunity to shape safer practice. A proactive approach builds trust—not just with licensees, but with the public.

The Path Forward

Meg had the knowledge, persistence, and platform to raise concerns and seek answers. However, many patients do not. They will not know what questions to ask. They will not understand the risks. They may never realize what has happened to their data.

That is why this moment matters.

Artificial intelligence is not a distant future challenge—it is already in clinics today. And as adoption accelerates, so too does the need for thoughtful, proactive oversight. Boards are uniquely positioned to guide practitioners—clearly, practically, and proactively—so that the benefits of AI can be realized without sacrificing the trust that defines the patient-provider relationship.

Resources from the Louisiana Physical Therapy Board

Additional Resources

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Nancy Kirsch

Nancy R. Kirsch, PT, DPT, PhD, FAPTA received her PT degree from Temple University, her Masters in Health Education from Montclair University, Certificate in Health Administration from Seton Hall University, her PhD concentration in ethics from Rutgers University (formerly UMDNJ), and a Doctor of Physical Therapy from MGH Institute of Health Professions. She practiced in a variety of settings including in-patient rehabilitation, acute care, long term care, and home care. She owned a private practice for twenty years and currently practices in a school based setting. In addition, she is the Director of the Doctor of Physical Therapy Program at Rutgers, The State University of New Jersey. Nancy has been a member of the New Jersey Board of Physical Therapy Examiners since 1990 and was chairperson of the board for twelve years. She served as an evaluator for FCCPT. Nancy has been involved with the Federation of State Boards of Physical Therapy in the following capacities: she served two terms on the Finance committee and also served on several task forces, in addition to the Board of Directors. Nancy has been active in the American Physical Therapy Association since she was a student. She served the New Jersey Chapter as Secretary and President, and as a delegate and chief delegate to the House of Delegates. She served the national association as a member of the ethics document revision task force. She also served a five year term on the APTA Ethics and Judicial Committee and the APTA Reference Committee. She received the Lucy Blair Service Award and was elected a Catherine Worthingham Fellow from National APTA and received an Outstanding Service Award and the President's Award from the FSBPT.

Alan Lee

Alan Lee is a professor at Mount Saint Mary's University in Los Angeles. Alan maintains a clinical practice at Scripps Mercy Hospital, a level I trauma center, in San Diego, with board certifications in geriatrics and wound management. Alan graduated from Duke University, completed his transitional DPT from Creighton University, and his PhD from Nova Southeastern University. Alan serves as the Director of Innovation for the APTA Academy of Leadership and Innovation. Alan was a Co-Chair of the APTA Telehealth Clinical Practice Guideline Development International Group and worked with FSBPT and INPTRA on the telerehabilitation white paper.

Charlotte Martin

Charlotte Martin has served as the Executive Director of the Louisiana Physical Therapy Board since 2014. She has served as Chair of the FSBPT Close Relations Task Force, Council of Board Administrators (CBA), Board Assessment Task Force, and Foreign Educated Standards Committee. Charlotte currently serves as an Executive Board Member and Treasurer of the Physical Therapy Licensure Compact Commission. She is a National Certified Investigator and Inspector through the Council on Licensure, Enforcement & Regulation (CLEAR). Charlotte received a baccalaureate degree from the Louisiana State University (LSU) College of Humanities & Social Sciences in 2004 and a master's degree in public administration from the LSU E.J. Ourso College of Business in 2008. 

Meg O'Connor

Meg O'Connor is a data analyst and researcher pursuing her PhD in Applied Science and Engineering at the University of New Orleans, where she applies data science to study the hydrology of the receding Mississippi River delta. Originally from Connecticut, she studied at Williams College before moving to Louisiana a decade ago to focus on the river and delta. During her time in Louisiana, she has also been a long-time physical therapy patient. She brings both a scientist’s perspective on evolving technology in healthcare and a patient’s experience navigating rehabilitation, and is grateful to share her insights with this community.