In one paragraph
California requires hospitals and other health facilities, clinics, physician offices and group practices that use generative AI to write or speak patient communications about clinical information to include a disclaimer that the message was AI-generated and clear instructions for reaching a human health care provider or other appropriate person. The disclaimer goes at the top of letters and emails, stays on screen in chats and video, and is spoken at the start and end of audio. Messages a licensed provider reads and reviews are exempt, as are administrative messages like scheduling and billing. Effective January 1, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
California providers using generative AI for patient messages must add AI disclaimers and a way to reach a human, unless a licensed provider reviews each message.
Key provisions
- Applies to health facilities, clinics, physician's offices and offices of a group practice using generative AI for patient communications about clinical information (Health & Safety Code § 1339.75(a))
- Required: an AI-generated disclaimer and clear instructions for contacting a human provider, employee or other appropriate person
- Disclaimer placement: beginning of letters and emails; displayed throughout chat-based telehealth and video; spoken at the start and end of audio
- Exempt: communications read and reviewed by a licensed or certified health care provider (§ 1339.75(b))
- 'Patient clinical information' excludes administrative matters such as scheduling and billing
- Enforced through health facility and clinic licensing rules and, for physicians, the Medical Board or Osteopathic Medical Board
Who must comply, and what it requires
Who it covers
- Health facility, clinic, physician's office or office of a group practice. A licensed health facility or clinic, a solo physician's office, or a group practice of two or more physicians, that uses generative AI to generate written or verbal patient communications about patient clinical information. No size threshold in the text. Health & Saf. Code § 1339.75(a), (c)
What it requires
- Health facility, clinic or physician practice. Include a disclaimer that generative AI produced the communication: at the start of letters and emails, throughout chats and video, and verbally at the start and end of audio. Generative AI communications to patients about clinical information that no licensed provider has read and reviewed. Health & Saf. Code § 1339.75(a)(1) Jan 1, 2025
- Health facility, clinic or physician practice. Include clear instructions for how the patient can contact a human health care provider, an employee of the facility or practice, or another appropriate person. The same generative AI patient communications. Health & Saf. Code § 1339.75(a)(2) Jan 1, 2025
Enforcement
- Who enforces
- Facility and clinic licensing enforcement under the Health and Safety Code (in practice the State Department of Public Health), and the Medical Board of California or Osteopathic Medical Board for physicians.
- Can individuals sue?
- The law does not say
Health & Saf. Code § 1339.75(d) (silent) - Time to fix a violation
- None
The law sets no penalty amount of its own.
Exemptions and limits
- A communication generated by generative AI that is read and reviewed by a human licensed or certified health care provider. Health & Saf. Code § 1339.75(b)
- Administrative matters such as appointment scheduling, billing and other clerical or business matters are not patient clinical information. Health & Saf. Code § 1339.75(c)(7)
Dates in the text
- Jan 1, 2025. AB 3030 takes effect. Health & Saf. Code § 1339.75, enactment note (Stats. 2024, Ch. 848)
What the text leaves open (2)
- Penalty amounts depend on the facility and clinic licensing articles and medical board discipline, which were not read.
- The section names licensed facilities, licensed clinics and physicians for enforcement; how it is enforced against an unlicensed group practice entity is not stated.
Latest legislative action
Sep 28, 2024. Approved by Governor; Chapter 848, Statutes of 2024
Sponsors
| Name | Role | District |
|---|---|---|
| Lisa Calderon D | Sponsor | HD-056 |
| Susan Rubio D | Sponsor | SD-022 |
Roll call votes (showing 3 of 9)
A AB 3030 Calderon Concurrence in Senate Amendments By AGUIAR-CURRY Aug 31, 2024
75 yea0 nay4 otherPassed
S Special Consent AB3030 Calderon By Limón Aug 30, 2024
40 yea0 nayPassed
S Do pass as amended Aug 15, 2024
7 yea0 nayPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error