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Generative Artificial Intelligence (GenAI) Notification Requirements

Starting January 1, 2025, AB 3030 requires any health facility, clinic, or physician's office (including a group practice) to notify their patients when using GenAI to communicate "patient clinical information." The law, however, exempts from this requirement any communication that is read and reviewed by a licensed or certified human health care provider.

Unless the communication is exempt, a notification that the communication was created by GenAI must be provided to the patient, as follows:

• For written physical and digital communications, like letters or emails, the notification shall appear prominently at the beginning of each communication.
• For written online communications involving a "chat-based" or other continuous online interaction, the notification shall be prominently displayed throughout the interaction.
• For audio communications, including voicemails, the notification shall be provided verbally at the beginning and end of the interaction.
• For video communications, the notification shall be prominently displayed throughout the interaction.

This law also requires that patients be provided with clear instructions on how to contact a human health care provider, employee, or other appropriate person.

AB 3030 defines the following key terms:

• "Patient clinical information" means information relating to the health status of a patient. This information does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.
• "Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
• "Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content.
• "Clinic" has the same meaning as defined in Health and Safety Code (HSC) section 1200.
• "Health care provider" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. Examples include physicians, registered nurses, physician assistants, licensed midwives, and pharmacists. Medical assistants are not considered a health care provider for purposes of this requirement.
• "Health facility" has the same meaning described in HSC section 1250.
• "Office of a group practice" means an office or offices in which two or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation licensed according to HSC section 1204(a).
• "Physician's office" means an office of a physician in solo practice.

For more information, visit the California Legislative Information website.