Why Every Dental Practice Needs an Artificial Intelligence Policy

by Olivia Wann

Artificial intelligence (AI) is rapidly transforming the health care landscape. Dental professionals are increasingly using AI-powered tools to assist with administrative tasks, patient communications, clinical documentation, treatment planning, marketing, and operational efficiency. While these technologies offer significant benefits, they also introduce new privacy, security, compliance, and ethical risks that many dental practices have not yet fully addressed.

For example, the consumer version of ChatGPT is not HIPAA compliant. It’s impossible to obtain a Business Associate Agreement. The alternative is ChatGPT Health. With AI tools readily available, clearly it can be confusing which platform to use.

As AI adoption accelerates, every dental practice should implement a comprehensive Artificial Intelligence Use Policy designed to protect patient information, comply with HIPAA requirements, and promote sound cybersecurity practices.

The Growing Risk of AI in Dentistry

Many dental team members now have easy access to powerful AI tools through web browsers, mobile applications, and software integrations. A common misconception is that entering information into an AI platform is no different than conducting an internet search. In reality, many AI systems process, store, retain, or use submitted information in ways that may create significant compliance concerns.

Without proper safeguards, a workforce member could inadvertently copy and paste patient information from an electronic health record, email, treatment plan, radiograph report, or insurance documentation into an AI platform. If that platform is not specifically approved for HIPAA-compliant use, the practice may unknowingly disclose Protected Health Information (PHI) to a third party.

Such disclosures can trigger HIPAA violations, breach notification obligations, regulatory investigations, reputational damage, and loss of patient trust.

AI in Telehealth, Zoom Conferencing and Patient Communications

(AI) features are increasingly being integrated into videoconferencing and telehealth platforms. Examples include automated meeting summaries, transcription services, note generation, sentiment analysis, virtual assistants, and AI-powered documentation tools. While these technologies may improve efficiency, they also create significant privacy, security, compliance, and professional liability concerns when patient information is discussed during telehealth encounters.

Health care organizations should determine:

• Whether meeting recordings are retained.
• Whether transcripts are stored.
• How long information is retained.
• Whether data can be permanently deleted.
• Where data is stored geographically.
• Who has access to stored information.

Failure to understand retention practices may expose patient information to unnecessary risk.

Unauthorized Disclosure of Protected Health Information

One of the primary concerns is the potential disclosure of Protected Health Information (PHI) to an AI vendor. AI features may record, transcribe, summarize, analyze, or otherwise process conversations that contain patient identifiers, medical histories, diagnoses, treatment recommendations, insurance information, or other confidential health information.

If the AI provider receives, maintains, stores, or processes PHI on behalf of a covered entity, the provider may qualify as a Business Associate under HIPAA, requiring an appropriate Business Associate Agreement (BAA).

The Primary Objective: Protecting PHI and ePHI

The cornerstone of any AI policy should be the protection of Protected Health Information (PHI) and Electronic Protected Health Information (ePHI).

The primary objective is straightforward:

To prevent the unauthorized storage, retention, disclosure, transmission, or use of PHI and ePHI through artificial intelligence platforms.

Dental practices must recognize that AI vendors may collect, store, log, analyze, or use submitted information unless contractual and technical safeguards specifically prohibit those activities. Even information that appears harmless may contain identifiers capable of linking data back to an individual patient.

An effective AI policy should prohibit workforce members from entering PHI into any AI platform unless the platform has been formally approved and appropriate safeguards are in place.

Why HIPAA Compliance Matters

HIPAA’s Privacy Rule, Security Rule, and Breach Notification Rule apply regardless of whether information is shared with a traditional software vendor or an AI platform.

Before a dental practice allows PHI to be entered into an AI system, it must determine:

• Whether the AI vendor creates, receives, maintains, or transmits PHI on behalf of the practice.
• Whether a Business Associate Agreement (BAA) is required.
• Whether the vendor provides adequate administrative, technical, and physical safeguards.
• Whether information submitted to the AI platform is retained or used for model training.
• Whether the vendor can demonstrate compliance with recognized security frameworks.

Simply because an AI tool is popular or widely available does not mean it is HIPAA compliant.

The Importance of Approved AI Tools

A well-designed AI policy should establish a formal approval process for AI technologies.

Rather than allowing employees to independently choose AI applications, practices should require a structured review process that includes:

• Vendor due diligence
• Privacy and security assessments
• Data flow analysis
• Cybersecurity reviews
• Legal review of contractual terms
• Evaluation of retention and training practices
• Business Associate Agreement execution when required

Under this approach, all AI tools are considered prohibited unless they have been specifically approved by the practice’s Privacy Officer, Security Officer, or Compliance Officer.

This “default prohibition” model significantly reduces the likelihood of unauthorized disclosures.

No-Retention and No-Training Requirements

One of the most important provisions of an AI policy is requiring vendors to provide assurances that patient information will not be retained or used to train AI models.

Dental practices should seek documented commitments that:

• PHI is not stored beyond the time necessary to generate an output.
• User prompts and outputs are not retained in vendor databases.
• Data is not used to improve, train, or fine-tune AI models.
• Information is not shared with affiliates or third parties.
• Technical controls exist to enforce these protections.

These safeguards are essential because many consumer AI products are designed to learn from user interactions unless configured otherwise.

De-Identification and the Minimum Necessary Standard

Even when using AI for legitimate operational purposes, dental practices should apply HIPAA’s de-identification standards whenever possible.

Before information is entered into an AI platform, workforce members should remove identifiers such as:

• Names
• Dates of birth
• Addresses
• Telephone numbers
• Email addresses
• Medical record numbers
• Insurance identifiers
• Photographs
• Other identifying characteristics

In addition, the HIPAA “minimum necessary” standard should always apply. Only the minimum amount of information required to accomplish the intended purpose should be used.

De-identification serves as a critical risk reduction strategy when utilizing AI tools for educational content, administrative functions, policy drafting, marketing development, and workflow improvement.

Workforce Education Is Essential

Technology policies are only effective if employees understand them.

Every dental practice should provide training that explains:

• What constitutes an AI platform
• Which AI tools are approved
• Which tools are prohibited
• How to identify PHI
• Proper de-identification techniques
• Incident reporting requirements
• The consequences of policy violations

Many AI-related incidents occur not because of malicious intent, but because employees are unaware that a seemingly simple prompt may contain protected information.

Regular training can significantly reduce these risks.

Human Judgment Cannot Be Replaced

AI systems can assist with drafting content, summarizing information, generating educational materials, and improving efficiency. However, AI should never replace professional judgment.

Dental providers remain responsible for all clinical decisions, patient communications, documentation, diagnoses, treatment recommendations, and records.

Any AI-generated output should be independently reviewed and verified before it is relied upon in patient care.

A strong AI policy reinforces that AI is a tool—not a substitute for professional expertise.

Incident Response and Ongoing Monitoring

Dental practices should also establish procedures for responding to AI-related incidents.

If PHI is inadvertently disclosed through an AI platform, the practice should:

1. Immediately report the incident.
2. Conduct a prompt investigation.
3. Assess whether a HIPAA breach has occurred.
4. Document findings.
5. Implement corrective action.
6. Complete breach notifications if required.

In addition, practices should maintain audit logs, monitor approved AI tool usage, and periodically reassess vendor compliance and emerging risks.

Building Patient Trust in the Age of AI

Perhaps the most important reason to adopt an AI policy is preserving patient trust.

Patients expect dental practices to safeguard their personal health information with the same diligence applied to clinical care. As artificial intelligence becomes more prevalent throughout health care, patients will increasingly ask how their information is being protected.

A comprehensive AI policy demonstrates that the practice has thoughtfully evaluated the benefits and risks of AI technologies and has implemented safeguards to protect patient privacy, maintain regulatory compliance, and support ethical use of emerging technologies.

Conclusion

Artificial intelligence presents exciting opportunities for dental practices, but it also creates new compliance and cybersecurity challenges. An AI Use Policy provides a structured framework for managing those risks by preventing unauthorized storage, retention, disclosure, or use of PHI and ePHI; establishing vendor review requirements; defining workforce responsibilities; requiring HIPAA-compliant safeguards; and promoting sound cybersecurity practices.

As AI continues to evolve, dental practices that proactively establish governance policies today will be better positioned to protect patient information, maintain regulatory compliance, and responsibly leverage the benefits of artificial intelligence in the future.