Bill Text: CA AB3030 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Health care services: artificial intelligence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 848, Statutes of 2024. [AB3030 Detail]

Download: California-2023-AB3030-Amended.html

---

Amended  IN  Assembly  April 11, 2024

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3030

---

Introduced by Assembly Member Calderon

February 16, 2024

---

An act to add Section 1316.9 to the Health and Safety Code, relating to health care services.

LEGISLATIVE COUNSEL'S DIGEST

AB 3030, as amended, Calderon. Health care services: artificial intelligence.

Existing law provides for the licensure and regulation of health facilities and clinics by the State Department of Public Health. A violation of these provisions is a crime.

This bill would require an entity, including a health facility, clinic, physician’s office, or office of a group practice that uses a generative artificial intelligence tool to generate responses for health care providers to communicate with patients to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by artificial intelligence and (2) clear instructions for the patient to access direct communications with a health care provider, as specified. The bill would prohibit an entity or health care provider who fails to comply with these provisions from being subject to any disciplinary action related to licensure or certification, or to any civil or criminal liability for that failure. certification solely because of the entity’s or health care provider’s failure to comply with these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1316.9 is added to the Health and Safety Code, to read:

1316.9.

 (a) An entity, including a health facility, clinic, physician’s office, or office of a group practice that uses a generative artificial intelligence tool to generate responses for health care providers to communicate with patients through an online interface or via telephone shall ensure that those communications to patients include both of the following:

(1) A disclaimer that indicates to the patient that a communication was generated by artificial intelligence.

(2) Clear instructions for the patient to navigate the entity’s internet website or other platforms to communicate directly with a health care provider. For purposes of this paragraph, “communicate directly” means to communicate without using responses generated by artificial intelligence.

(b) If a response communicated through an online interface is reviewed by a human health care provider, the provider may indicate that the response was generated by artificial intelligence and reviewed by a human.

(c) An entity or health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to licensure or certification, or to any civil or criminal liability, certification solely because of the entity’s or health care provider’s failure to comply with the requirements of this section.

(d) Section 1290 does not apply to a violation of this section.

(e) For purposes of this section, the following definitions apply:

(1) “Clinic” has the same meaning as defined in Section 1200.

(2) “Generative artificial intelligence tool” means a tool that uses machine learning systems capable of generating text, images, code, or other types of content, often in response to a prompt entered by a user.

(3) “Office of a group practice” means an office or offices in which two or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation licensed according to subdivision (a) of Section 1204.

(4) “Physician’s office” means an office of a physician in solo practice.