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California: Bill on healthcare services and generative AI approved by Governor

On September 28, 2024, Assembly Bill 3030 Health care services: artificial intelligence was approved by the Governor of California, following its introduction to the California State Assembly on February 16, 2024.

Requirements

The Act requires health facilities, clinics, physician’s offices, or offices of a group practice that use generative artificial intelligence (AI) to generate written or verbal patient communications pertaining to patient clinical information to ensure that such communications include both:

  • a disclaimer that indicates that the communication was generated by generative AI; and

  • clear instructions describing how patients may contact a human healthcare provider, employee, or other appropriate person.

The Act defines 'patient clinical information' as information relating to the health status of a patient. This does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.

Enforcement

Violations of the Act by a physician would be subject to the jurisdiction of the Medical Board of California or Osteopathic Medical Board of California.

You can read the Act here and its legislative history here.