This bill mandates health care providers in Hawaii to disclose AI interactions to patients, maintain records, implement procedures to address AI deficiencies, and adopt oversight by a natural person for AI decisions. The Department of Health is required to adopt rules to implement these provisions, with provisions starting July 1, 2028, and the bill effective January 30, 2050.
If you operate in health care in Hawaii, you must disclose AI interactions and maintain records by July 1, 2028, or face penalties.
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What This Means
Senate Bill 2281 introduces significant regulations for health care providers using artificial intelligence in patient interactions. It requires clear disclosures when AI is involved in patient communication, mandates record-keeping, and requires procedures to address AI deficiencies, including notifying patients when AI is a substantial factor in consequential decisions. The Department of Health is tasked with adopting rules to implement these provisions.
Key Provisions
- Health care providers must disclose AI interactions to patients before or during the interaction.
- Providers must notify patients when AI is a substantial factor in consequential decisions.
- Qualified AI oversight personnel, who must be a natural person, must review and validate AI outputs.
- Health care providers are required to maintain certain records.
- Regular performance evaluations of AI systems are required.
- Health care providers must implement procedures to address identified deficiencies in AI systems.
- The Department of Health will adopt rules to implement these provisions.
Latest Legislative Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/WAM.
Bill Sponsors (showing 5 of 25)
| Name | Role |
|---|---|
| BAKER | Primary |
| CHANG | Primary |
| English | Primary |
| Fevella | Primary |
| FUKUNAGA | Primary |
Roll Call Votes
Compliance Checklist
Who: Health care providers
Deadline: Before or at the time of interaction
Who: Health care providers
Deadline: Before the decision is made
Who: Health care providers
Deadline: By July 1, 2028
Full Legal Analysis
Official Source
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