WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 A health facilityHealth facility"Health facility" has the same meaning as defined in Section 1250.Health & Safety Code § 1339.75(c)(5), clinicClinic"Clinic" has the same meaning as defined in Section 1200.Health & Safety Code § 1339.75(c)(2), physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.75(c)(8), or office of a group practiceOffice of a group practice"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 subdivision (a) of Section 1204.Health & Safety Code § 1339.75(c)(6) that uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content.Health & Safety Code § 1339.75(c)(3) to generate written or verbal patient communications pertaining to patient clinical informationPatient clinical information"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.Health & Safety Code § 1339.75(c)(7) shall ensure that those communications include both of the following:
(a)(1) 1 A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content.Health & Safety Code § 1339.75(c)(3).
(a)(1)(A) 1 For written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication.
(a)(1)(B) 1 For written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction.
(a)(1)(C) 1 For audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction.
(a)(1)(D) 1 For video communications, the disclaimer shall be prominently displayed throughout the interaction.
(a)(2) 2 Clear instructions describing how a patient may contact a human health care providerHealth care provider"Health care provider" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.Health & Safety Code § 1339.75(c)(4), employee of the health facilityHealth facility"Health facility" has the same meaning as defined in Section 1250.Health & Safety Code § 1339.75(c)(5), clinicClinic"Clinic" has the same meaning as defined in Section 1200.Health & Safety Code § 1339.75(c)(2), physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.75(c)(8), or office of a group provider, or other appropriate person.
(b) If a communication is generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content.Health & Safety Code § 1339.75(c)(3) and read and reviewed by a human licensed or certified health care providerHealth care provider"Health care provider" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.Health & Safety Code § 1339.75(c)(4), the requirements of subdivision (a) do not apply.
(c)(1) "Artificial intelligenceArtificial intelligence"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.Health & Safety Code § 1339.75(c)(1)" 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.
(c)(2) "ClinicClinic"Clinic" has the same meaning as defined in Section 1200.Health & Safety Code § 1339.75(c)(2)" has the same meaning as defined in Section 1200.
(c)(3) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content.Health & Safety Code § 1339.75(c)(3)" means artificial intelligenceArtificial intelligence"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.Health & Safety Code § 1339.75(c)(1) that can generate derived synthetic content, including images, videos, audio, text, and other digital content.
(c)(4) "Health care providerHealth care provider"Health care provider" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.Health & Safety Code § 1339.75(c)(4)" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.
(c)(5) "Health facilityHealth facility"Health facility" has the same meaning as defined in Section 1250.Health & Safety Code § 1339.75(c)(5)" has the same meaning as defined in Section 1250.
(c)(6) "Office of a group practiceOffice of a group practice"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 subdivision (a) of Section 1204.Health & Safety Code § 1339.75(c)(6)" 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 subdivision (a) of Section 1204.
(c)(7) "Patient clinical informationPatient clinical information"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.Health & Safety Code § 1339.75(c)(7)" 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.
(c)(8) "Physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.75(c)(8)" means an office of a physician in solo practice.
(d)(1) A violation of this section by a licensed health facilityHealth facility"Health facility" has the same meaning as defined in Section 1250.Health & Safety Code § 1339.75(c)(5) is subject to the enforcement mechanisms described in Article 3 (commencing with Section 1275) of Chapter 2.
(d)(2) A violation of this section by a licensed clinicClinic"Clinic" has the same meaning as defined in Section 1200.Health & Safety Code § 1339.75(c)(2) is subject to the enforcement mechanisms described in Article 3 (commencing with Section 1225) of Chapter 1.
(d)(3) A violation of this section by a physician is subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California, as appropriate.
Section 1339.75 imposes a disclosure obligation on health facilities, clinics, physician's offices, and group practice offices that use generative AI to generate patient communications pertaining to patient clinical information. Two elements must accompany every covered communication: a disclaimer that the communication was AI-generated, and clear instructions for reaching a human health care provider or appropriate person.
The disclaimer requirements are calibrated by communication medium — written physical or digital media must display the disclaimer prominently at the beginning, chat-based telehealth and video interactions must display it continuously throughout, and audio communications must state it verbally at the start and end. A safe harbor exempts communications that have been read and reviewed by a licensed or certified health care provider before delivery to the patient. Notably, the scope is limited to communications pertaining to patient clinical information; administrative matters such as appointment scheduling and billing are expressly excluded from the definition of patient clinical information.
Enforcement is channeled through existing regulatory frameworks rather than a new enforcement mechanism — the State Department of Public Health for health facilities and clinics, and the Medical Board or Osteopathic Medical Board for physicians.