What California Assembly Bill 3030 - Health Care Services: Artificial Intelligence (Approved 28 September 2024) - Mandatory Generative AI Disclaimer for Patient Clinical Communications by Health Facilities, Clinics, Physician Offices, and Group Practices; Codified as Health and Safety Code Section 1339.75 requires
California Assembly Bill 3030, approved by Governor Newsom on 28 September 2024, adds Chapter 2.13 (commencing with Section 1339.75) to Division 2 of the California Health and Safety Code, requiring any 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 to include a disclaimer that the communication was generated by generative AI plus clear instructions describing how the patient may contact a human health care provider, employee, or other appropriate person. The disclosure requirement applies only to clinical communications and expressly excludes administrative matters such as appointment scheduling, billing, or other clerical or business matters. Section 1339.75 specifies the manner of disclosure by communication channel: for written communications involving physical and digital media including letters and emails, the disclaimer must appear prominently at the beginning of each communication; for continuous online interactions including chat-based telehealth, the disclaimer must be prominently displayed throughout the interaction; for audio communications, the disclaimer must be provided verbally at the start and end; for video communications, the disclaimer must be prominently displayed throughout. The statute carries a single material exception: a communication generated by generative AI that is read and reviewed by a human licensed or certified health care provider is exempt from the disclaimer and contact-instruction requirements. Enforcement authority routes to the existing oversight regimes for each covered entity: a violation by a health facility falls under the licensing jurisdiction of the State Department of Public Health (Health and Safety Code Article 3 of Chapter 2 of Division 2, beginning with Section 1275); a violation by a clinic falls under the same Department through the clinic-licensing scheme (beginning with Section 1225); a violation by a physician is subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California, as appropriate. AB 3030 took effect through the standard California enactment process for non-urgency statutes - 1 January 2025 - and operates alongside California's 2024 generative AI and AI transparency statutes (SB 942, AB 2013) without preempting federal HIPAA or FDA SaMD obligations.
Pillar: Medical & Healthcare · Authority: California State Legislature; bill approved by Governor Gavin Newsom 28 September 2024; chaptered as Chapter 879, Statutes of 2024; enrolled bill text published by California Legislative Counsel via leginfo.legislature.ca.gov · Version: 1.0.1 · Last updated:
Primary source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3030
SHA-256 integrity: 01689d99b4756ff6f481ffea89ff282309d9ef781b77c345f180c38a374ce23b
Primary Citations — 10 traced to source
- California Assembly Bill 3030, Health Care Services: Artificial Intelligence (Bonta), Chapter 879, Statutes of 2024; approved by Governor 28 September 2024; chaptered 28 September 2024
- California Health and Safety Code Section 1339.75 (added by AB 3030) - generative AI patient communication disclaimer requirements
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