WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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 The Department of Health Care Access and Information and the Department of Technology shall establish an advisory board related to the use of artificial intelligence (AI) in health care services.
Subdivision (a) directs two state agencies — the Department of Health Care Access and Information and the Department of Technology — to jointly establish an advisory board on the use of AI in health care services. This provision imposes an obligation on government agencies rather than private parties and creates the institutional infrastructure on which the bill's bias-testing and certification scheme depends.
(b)(1)–(3) 2 The advisory board shall do all of the following: (1) Develop best practices for the use of AI models or AI systems by a health facility, clinicClinic"Clinic" has the same meaning as defined in Section 1200 or 1200.1.Health & Safety Code § 1339.76(d)(2), physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.76(d)(6), 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 § 1339.76(d)(5) that uses AI in its provision of health care services. (2) Develop a standardized testing system with criteria for developersDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) to test AI models or AI systems for biased impactsBiased impact"Biased impact" means an unintended impact on an individual based on their protected characteristics.Health & Safety Code § 1339.76(d)(1). (3) Establish a statewide certificate that can be used to confirm that a developerDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3)'s version or release of their AI model or AI system meets standards set by the advisory board pursuant to the testing for biased impactsBiased impact"Biased impact" means an unintended impact on an individual based on their protected characteristics.Health & Safety Code § 1339.76(d)(1) described in paragraph (2).
Subdivision (b) enumerates the advisory board's three core duties: developing best practices for AI use in health care facilities, creating a standardized testing system with criteria for evaluating biased impacts of AI models and systems, and establishing a statewide certification that developers can obtain by passing bias testing. These duties are imposed on the government advisory board itself, not on private developers.
(c)(1) 3 Developers of AI models or AI systems, in conjunction with health facilities, clinicsClinic"Clinic" has the same meaning as defined in Section 1200 or 1200.1.Health & Safety Code § 1339.76(d)(2), physician's officesPhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.76(d)(6), or offices of a group practice, shall test for biased impactsBiased impact"Biased impact" means an unintended impact on an individual based on their protected characteristics.Health & Safety Code § 1339.76(d)(1) in the outputs produced by the specified AI model or AI system based on the health facility's patient population.
(c)(2)–(3) 3 DevelopersDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) shall use an existing testing system designated by the advisory board until the advisory board has developed its standardized testing system described in paragraph (2) of subdivision (b). After the advisory board has developed its testing system, developersDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) may alternatively use the board's testing system. (3) After the advisory board has created the certification described in paragraph (3) of subdivision (b), developersDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) may use the advisory board's standardized testing system to certify their AI models or AI systems.
Subdivision (c) imposes the bill's core private-sector obligation: developers of AI models or systems must, in conjunction with health facilities, test for biased impacts in AI outputs based on each facility's patient population. Developers must use an existing testing system designated by the advisory board until the board develops its own standardized system, at which point developers may alternatively use the board's system. After the board creates a certification, developers may optionally use the board's testing system to certify their AI models or systems. The testing obligation is mandatory; the certification is voluntary.
(d)(1)–(6) For purposes of this section, the following definitions apply: (1) "Biased impactBiased impact"Biased impact" means an unintended impact on an individual based on their protected characteristics.Health & Safety Code § 1339.76(d)(1)" means an unintended impact on an individual based on their protected characteristics. (2) "ClinicClinic"Clinic" has the same meaning as defined in Section 1200 or 1200.1.Health & Safety Code § 1339.76(d)(2)" has the same meaning as defined in Section 1200 or 1200.1. (3) (A) "DeveloperDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3)" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developerDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developerDeveloper(A) "Developer" means a person, partnership, state or local governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments. (B) A "deployer" means a person, partnership, state or local governmental agency, corporation, or developer that uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (C) A person, partnership, state or local governmental agency, or corporation may be a developer and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments.Health & Safety Code § 1339.76(d)(3) and a deployer if the person or entity both designs, codes, substantially modifies, or otherwise produces an AI model or AI system that generates an output that can influence physical or virtual environments and also uses a covered AI model or AI system that generates an output that can influence physical or virtual environments. (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 § 1339.76(d)(4)" means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (5) "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 § 1339.76(d)(5)" 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. (6) "Physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.Health & Safety Code § 1339.76(d)(6)" means an office of a physician in solo practice.
Subdivision (d) provides definitions for key terms used throughout the section, including biased impact, clinic, developer, deployer, health care provider, office of a group practice, and physician's office. Notably, the definition of developer is broad — it includes any person, partnership, governmental agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an AI model or AI system. The deployer definition is similarly broad and expressly contemplates that a single entity may be both a developer and a deployer.