New legislation in California regulates communications by health care providers who use artificial intelligence in communications with patients.
Specifically, an addition to the state’s Health and Safety Code entitled “Artificial Intelligence in Health Care Services” requires a disclaimer that “indicates to the patient that the communication was generated by generative artificial intelligence.”
The reasoning behind the legislation can be seen in comments in the Assembly Floor Analysis stating, “As AI becomes increasingly integrated in our health care systems, it is important to maintain the trust between a patient and their provider, while ensuring the accuracy of information being communicated to patients.”
The following apply to the disclaimers under the new law:
- In the case of written communications, they must “appear prominently at the beginning of each communication.”
- For written communications involving “continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction.”
- Audio communications must be provided “verbally at the start and end of the interaction;” and
- Video communications must be “prominently displayed throughout the interaction.”
A noteworthy exception under which a disclaimer does not need to be provided occurs when communications using generative AI are “read and reviewed by a human licensed or certified health care provider.”
The legislation also requires that instructions must be provided, “describing how a patient may contact a human health care provider, employee of the health facility clinic, physician’s office, or office of a group provider, or other appropriate person.”
Categories: AI, Uncategorized
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