Existing law provides for the licensure and regulation of health facilities and clinics by the State Department of Public Health.
Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law exempts from this requirement a communication read and reviewed by a human licensed or certified health care provider.
This bill would require developers of patient care decision support tools, as defined, and health facilities, clinics, physician's offices, or offices of a group practice to make reasonable efforts to identify uses of patient care decision support tools in health programs or activities that employ input variables or factors that measure a protected characteristic. The bill would require, for each patient care decision support tool, developers and deployers to make reasonable efforts to mitigate the risk of discrimination on the basis of a protected characteristic resulting from the tool's use in health programs or activities. The bill would require developers ensure that patient care decision support tools are tested for biased impacts in the outputs produced by the tool at least every 3 years. The bill would specify that a person, partnership, state or local governmental agency, or corporation may be both a developer and a deployer.