California’s Assembly Bill 3030 (AB 3030) introduces strict regulations on using generative AI (GenAI) in patient communications, creating new compliance challenges for independent medical practices. Signed into law by Governor Gavin Newsom on September 28, 2024, the bill aims to increase transparency and patient trust while ensuring AI-generated information is appropriately disclosed. With an enforcement date of January 1, 2025, independent physicians must understand the impact AB 3030 may have on their daily practice and patient interactions.

Key Requirements of AB 3030

Under AB 3030, independent medical offices, clinics, and physician groups using GenAI for any patient communication related to clinical information must comply with the following mandates:

• Mandatory AI Disclosure: A mandatory AI disclosure must include a disclaimer informing the patient that artificial intelligence generated the message in all AI-generated communications.
• Clear Human Contact Information: Healthcare providers must include explicit instructions in an AI-generated message for patients on how to contact a licensed professional for assistance.
• Format-Specific Requirements: Depending on the mode of communication, different rules apply:
  • Written communications (letters, emails) must initially display the disclaimer.
  • Online interactions (chat-based telehealth) must show the disclaimer continuously.
  • Audio communications (phone calls) require verbal disclaimers at the start and end.
  • Video communications must include a visible disclaimer throughout the interaction.
• Exemption for Human Review: AI-generated content reviewed by a licensed healthcare professional before transmission to the patient is exempt from these requirements.

Impact on Independent Medical Practices

Independent physicians must ensure their practices meet the law’s requirements without the compliance resources available to larger healthcare organizations. AB 3030 primarily applies to clinical information communications but does not extend to administrative tasks such as scheduling and billing. However, differentiating between clinical and non-clinical messaging may require workflow and software modifications.

A primary concern is whether AI-generated communications lead to legal liability if they contain incorrect or misleading medical advice. AI “hallucinations,” where GenAI generates inaccurate but plausible-sounding information, present potential risks. Physicians must establish review processes to mitigate these concerns and maintain patient trust.

Compliance Strategies

To ensure compliance with AB 3030, independent physicians should consider the following steps:

1. Review AI Usage: Identify any patient communications generated or assisted by AI and determine if they involve clinical information.
2. Implement Automated Disclaimers: Work with software vendors to automatically ensure all AI-generated communications include the necessary disclaimers.
3. Develop Clear Patient Contact Options: Ensure every communication includes direct information on how a patient can reach a human provider.
4. Train Staff: Educate administrative and medical personnel on AB 3030’s requirements and how to differentiate between clinical and administrative communications.
5. Consider a Hybrid Approach: Reduce reliance on AI for clinical messaging and instead use AI for administrative tasks, which remain exempt from disclosure rules.

Enforcement and Penalties

While AB 3030 does not specify financial penalties, non-compliant physicians could face scrutiny from the Medical Board of California and the Osteopathic Medical Board. Additionally, licensed health facilities and clinics that fail to comply may be subject to enforcement actions under the California Health and Safety Code.

Looking Forward

California’s AI regulations are among the first in the nation and may serve as a model for other states. The law aligns with broader AI transparency efforts advocated by the American Medical Association and federal agencies. Independent physicians should begin adjusting their use of AI in patient interactions. While AB 3030 may require additional administrative effort, it also presents an opportunity to ensure AI integration in healthcare remains ethical and patient-centered.