AB 3030 does not list specific penalties for violating it.
California has passed a new AI law, Assembly Bill No. 3030, which establishes disclaimer requirements for healthcare providers sending unvetted messages to patients generated by artificial intelligence. AB 3030 is effective January 1, 2025. Under the new law, when a covered provider uses AI to generate a patient communication concerning a patient’s clinical information, that communication must include a disclaimer saying that the communication was generated by AI. The communication also must provide clear instructions on how the patient can contact a human provider. These requirements, however, apply only to health facilities, clinics, physician’s offices and offices of group practices. Further, these requirements apply only to unvetted communications: If a communication is read and reviewed by a human provider before it is sent, no disclaimer or instruction are required.
AB 3030 does not list specific penalties for violating it. Instead, it says that violations will subject an entity to the disciplinary proceedings standard for that entity. For example, physicians may be disciplined by the California Medical Board or Osteopathic Medical Board.
The bill’s length (roughly one page) and relative anonymity (its passage did not receive much publicity from the governor or Legislature) make it an anomaly in California healthcare privacy law, one of the most extensive privacy frameworks in the country. However, this bill is one of 18 laws on generative AI that Governor Newsom signed into law in the month of September alone, making it one small part of a broader push to regulate AI in all relevant industries. California providers using generative AI should prepare to be compliant by January 1, 2025, and providers planning to use generative AI should consider these requirements before doing so.
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