Bill Text: CA AB2575 | 2025-2026 | Regular Session | Amended
Bill Title: Health care services: artificial intelligence.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-06-18 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. [AB2575 Detail]
Download: California-2025-AB2575-Amended.html
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Amended
IN
Senate
June 18, 2026 |
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Amended
IN
Senate
June 11, 2026 |
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Amended
IN
Assembly
April 23, 2026 |
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Amended
IN
Assembly
April 09, 2026 |
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Amended
IN
Assembly
March 18, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 2575
| Introduced by Assembly Member Ortega |
February 20, 2026 |
An act to add Section 1714.48 to the Civil Code, to add Section 1339.76 to the Health and Safety Code, and to add Article 2.7 (commencing with Section 2820) to Chapter 2 of Division 3 of the Labor Code, relating to health care services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2575, as amended, Ortega.
Health care services: artificial intelligence.
(1) Existing law provides for the licensure and regulation of health facilities and clinics by the State Department of Public Health. Existing law generally makes a violation of these provisions a crime. Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law requires a health facility, clinic, physician’s office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and clear instructions describing how a patient may contact a human health care
provider, employee, or other appropriate person.
This bill would require a health facility, clinic, physician’s office, or office of a group practice that uses or deploys a clinical decision support system, as defined, for patient care to provide written notice of required information to any licensed health care professional or other person using a clinical decision support system or viewing outputs from a clinical decision support system. The bill would require, among other things, the disclosure to include a notice that a worker providing direct patient care is authorized to override the output of a clinical decision support system if, in the judgment of the worker acting within their scope of practice, an override is necessary to meet the applicable standard of care or comply with applicable law. The bill would specify the required time and manner the disclosure is to be provided pursuant to these provisions.
The bill would make these provisions inapplicable to the use of a clinical decision support system for documentation, communication, or other administrative tasks, as specified. care, on or before July 1, 2027, to make available, upon request from a licensed health care professional or other person using a clinical decision support system or viewing outputs from a clinical decision support system, an inventory of all clinical decision support systems currently in use or deployed for patient care. The bill would require a health facility, clinic, physician’s office, or office of a group practice that uses a clinical decision support system for patient care to make specified information about the clinical decision support system upon request from a licensed health care professional or other person using a clinical decision support system or viewing outputs form a clinic decision support system, including, among other
things, a summary of how the clinical decision support system generates outputs. The bill would also require a health facility, clinic, physician’s office, or office of a group practice subject to these provisions to notify a licensed health care professional or other person whose duties include using a clinical decision support system or viewing outputs from a clinical decision support system upon being hired and annually of their right to request the above-described information. By placing new requirements on health facilities and clinics, this bill would expand the scope of a crime and would impose a state-mandated local program.
(2) Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints.
This bill would declare it is the policy of the state that a worker providing direct patient care be free to use
their professional judgment to make assessments and decisions within their scope of practice as appropriate for their patients. The bill would prohibit an employer from retaliating or discriminating against a worker providing patient care, as specified. The bill would authorize a worker who is subject to retaliation or discrimination in violation of these provisions to file a complaint with the Labor Commissioner against an employer.
(3) Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. Existing law prohibits a defendant who developed, modified, or used artificial intelligence, as defined, from asserting a defense that the artificial intelligence autonomously caused the harm to the plaintiff.
This bill would prohibit a
defendant who developed, modified, selected, or deployed a clinical decision support system that is alleged to have harmed the plaintiff from asserting a defense that the failure of a licensed health care professional or other health care worker to override an output of the clinical decision support system is a superseding cause severing the defendant’s liability for the alleged harm.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1714.48 is added to the Civil Code, to read:1714.48.
(a) For purposes of this section, the following definitions shall apply:(1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(2) (A) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that
is used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
(B) “Automated decision system” does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.
(3) “Clinical decision support system” means an automated decision system or generative artificial intelligence system whose outputs are produce a prediction, classification, recommendation, evaluation, or analysis that is used to inform clinical decisionmaking with respect to the provision, timing, or course of patient
care.
(4) “Generative artificial intelligence” has the same meaning as defined in Section 1339.75 of the Healthy and Safety Code.
(b) In an action against a defendant who developed, modified, selected, or deployed a clinical decision support system that is alleged to have caused harm to the plaintiff, it shall not be a defense, and the defendant may not assert, that the failure of a licensed health care professional or other health care worker to override an output of the clinical decision support system is a superseding cause severing the defendant’s liability for the alleged harm.
(c) This section does not limit or preclude a defendant from presenting either of the following:
(1) Any other affirmative defense, including evidence relevant to causation or foreseeability.
(2) Other evidence relevant to the comparative fault of any other person or entity.
SEC. 2.
Section 1339.76 is added to the Health and Safety Code, to read:1339.76.
(a)(b) Required information under subdivision (a) A health facility, clinic, physician’s office, or office of a group practice that uses or deploys a clinical decision support system for patient care shall make available, upon request from a licensed health care professional or other person using a clinical decision support system or viewing outputs from a clinical decision support system, information
about the clinical decision support system. Information required by this subdivision shall include all of the following:
(1) Details on A summary of the clinical decision support system, including developer and description of output. the output produced by the system.
(2) Intended use of the clinical decision support system, including intended patient population, intended users, and intended decisionmaking role.
role in supporting clinical decisionmaking.
(3) Cautioned out-of-scope use of the clinical decision support system, including known risks and limitations.
(4)List of the inputs into the clinical decision support system.
(5)Description
(4) Summary of how the clinical decision
support system generates outputs.
(6)Development details of the clinical decision support system including, but not limited to, all of the following:
(A)Description
(5) Summary of the training set or clinical research underlying recommendations, including demographic representativeness and known biases based on protected characteristics.
(B)Description of the relevance of training data to deployed setting.
(C)Process used to ensure fairness in development of the intervention.
(7)Description
(6) Summary of the validation process.
(8)Qualitative
(7) Summary of qualitative measures of performance.
(9)Description of ongoing maintenance of intervention implementation and use.
(10)Description of updates and continued validation or fairness assessment process.
(11)Notice that a worker providing direct patient care may override the output of a clinical decision support system if, in the independent professional judgment of the worker acting within their scope of practice, the override is necessary to meet the applicable standard of care or comply with applicable law.
(c)A disclosure made pursuant to this section shall be provided consistent with all of the following:
(1)To a new licensed health care professional or other person upon hire, onboarding, or credentialing, if that individual will likely use the clinical decision support system or view outputs from the clinical decision support system.
(2)At least 90 days before a new clinical decision support system is first deployed for patient care.
(3)On or before February 1, 2028, and annually thereafter, by providing an updated inventory of all clinical decision support systems currently in use or deployed for patient care.
(8) A link to the Certified Health IT Product List produced by the Office of the National Coordinator for Health Information Technology at the United States Department of Health and Human Services.
(c) A health facility, clinic, physician’s office, or office of a group practice that uses or deploys a clinical decision support system for patient care shall notify a licensed health care professional or other person whose duties include using a clinical decision support system or viewing outputs from a clinical decision support system, upon hire and annually, of their right to request the inventory of all clinical decision support systems currently in use or deployed
for patient care.
(d) (1) A violation of this section by a licensed health facility is subject to the enforcement mechanisms described in Article 4 (commencing with Section 1290) of Chapter 2. Sections 1280 and 1280.3.
(2) A violation of this section by a licensed clinic is subject to the enforcement mechanisms described in Article 4 (commencing with Section 1235) of Chapter 1. Section 1229.
(3) A violation of this section by a physician is subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California, as appropriate.
(4)A violation of this section constitutes “unfair competition” as defined in Section 17200 of the Business and Professions Code and is punishable as prescribed in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(e) For purposes of this section, the following definitions shall apply:
(1) “Artificial intelligence” has the same meaning as in Section 1339.75.
(2) (A) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
(B) “Automated decision system” does not
include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.
(3) “Clinic” has the same meaning as defined in Section 1200.
(4) “Clinical decision support system” means an automated decision system or generative artificial intelligence system whose outputs are produce a prediction, classification, recommendation, evaluation, or analysis that is used to inform clinical decisionmaking with respect to the provision, timing, or course of patient care.
(5) “Generative
artificial intelligence” has the same meaning as defined in Section 1339.75.
(6) “Health facility” has the same meaning as defined in Section 1250.
(7) “Office of a group practice” has the same meaning as defined in Section 1339.75.
(8) “Physician’s office” has the same meaning as defined in Section 1339.75.
(f) This section does not apply to the use of a clinical decision support system for documentation, communication, or other administrative tasks that do not involve the application of professional judgment by a licensed health care professional, including, but not limited to, automated messages to inform patients of their health
records.
SEC. 3.
Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:Article 2.7. Health Information Technology: Worker Rights
2820.
For the purposes of this article, the following definitions shall apply:(a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b) (1) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to
assist or replace human discretionary decisionmaking and materially impacts natural persons.
(2) “Automated decision system” does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.
(c) “Clinical decision support system” means an automated decision system or generative artificial intelligence system whose outputs are produce a predication, classification, recommendation, evaluation, or analysis that is used to inform clinical decisionmaking with respect to the provision, timing, or course of patient care.
(d) “Generative artificial intelligence” has the same meaning as defined in Section 1339.75 of the Health and Safety Code.
2821.
(a) It is the public policy of the State of California that a worker providing direct patient care be free to use their professional judgment to make assessments and decisions within their scope of practice as appropriate for their patients.(b) (1) An employer shall not retaliate or discriminate against a worker providing direct patient care using their professional judgment to make an assessment or decision within their appropriate scope of practice based solely on the worker’s override of, or reliance on, the output of a clinical decision support system.
(2) This subdivision does not affect
a worker’s duty to meet the applicable standard of care, act within their scope of practice as outlined in Division 2 (commencing with Section 500) of the Business and Professions Code, or exercise independent professional judgment in providing direct patient care.
(c) A worker who is subject to retaliation or discrimination in violation of this article has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the worker.
