Governor Gavin Newsom recently signed AB 3030, a California bill intended to regulate the use of generative AI by health care facilities in the state.
This is some of what we are discussing with our healthcare clients:
Who is in scope?
A health facility, clinic, physician’s office or group practice office that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information.
What should be included in patient communications?
A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence:
- for emails: prominently at the beginning of each communication
- for chat/online: prominently displayed throughout the interaction
- for audio: verbally at the start and the end of the interaction
- for video: prominently displayed throughout the interaction
The disclaimer is NOT required if the communication has been read and reviewed by a human who is a licensed or certified health care provider.
Clear instructions describing how a patient may contact a human also should be included.
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