California lawmakers are trying to tighten guardrails around the use of artificial intelligence (AI) in healthcare in a new bill aimed at curbing misleading expressions from these systems.
Congressional Bill 489This was the subject of the Senate Committee. Hearing On Monday (August 18th), AI systems will be prohibited from presenting themselves as licensed medical professionals. It extends existing laws that punish deceptive claims by human practitioners.
Under current state law, it is a crime to imply that licensed people are medically licensed using a qualification such as “MD.” The bill introduced by Congress member Mia Bonta's D-Oakland is a violation of AI tools adopting such terms in both functionality and advertising, unless overseen by a license provider.
That range includes more subtle claims, such as completely nuanced claims, such as chatbots claiming to be doctors, and more nuanced claims, such as using terminology and conversational tones.
bill I'll do it “Practice the healthcare professional to be enforceable against entities that develop or deploy artificial intelligence technologies that use those terms, letters, or phrases in defined advertising or features to incorrectly indicate or imply a license or certificate.”
Supporting the bill is California's Mental Health America.
“The bill incorporates safeguards to ensure that young people do not receive false and potentially harmful information related to mental health or substance use challenges,” said Danny Tyracle, the organization's public policy coordinator. letter To the State Senate Committee.
The bill comes amid the rapid adoption of AI-powered platforms and digital tools in healthcare. According to PYMNTS Intelligence Report3 of Z's 10 generations and millennial patients saw doctors remotely during their recent medical visit. Additionally, one in five consumers currently use a health tracking app or device.
However, AB 489 writes, “it's more than just a tweak of existing healthcare laws, a glimpse into how next-generation regulations shape the future of AI development and deployment in healthcare.” Arup ShahOn Friday (August 15th), co-chaired the AI Practice Group at law firm Epstein Becker Green. Blog post.
Shah said the bill would set three areas that businesses need to adapt to in order to comply.
- Enforcement: The state's professional licensing committee will gain direct oversight and create an additional layer of compliance, along with existing privacy and consumer protection regulations.
- Product Design: The user interface must remove any wording or images that may imply physician-level guidance without proof of license.
- Marketing: Phrases such as “physician level,” “clinician,” “clinician,” “specially assisted,” can cause violations unless a licensed professional is officially involved in the development or distribution.
Furthermore, according to February 20, the bill's “wide sweep” requires more clarity, such as how it will actually be implemented. Blog post From Nixon Peabody, a law firm. For example, do state licensing agencies have the ability to monitor and oversee compliance?
The bill was introduced by Bonta in February.
“Californians deserve the truth, integrity and transparency of healthcare. Genetic AI systems are not licensed medical professionals. They should not be allowed to present themselves. That's easy for me,” Bonta said on February 10th. statement When introducing the bill.
AI systems that are thought to be “human-like” poses unique risks Bonta is for children who are more likely to trust AI systems and disclose personal information to them.
Co-sponsor include SEIU California and the California Medical Association (CMA).
CMA President Shannon Udovic Constant said on April 1st. statement That “proactive approach to regulating artificial intelligence ensures that technology supports it, not physician decisions.”
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