Health care services: artificial intelligence.

Plain English Breakdown

The candidate explanation includes some speculative elements that are not supported by the official source material, such as specific dates and details about penalties.

Health Care Services: Artificial Intelligence

This law requires developers and users of artificial intelligence in healthcare to identify and mitigate any biases that could affect patient care or resource allocation, with regular audits starting from January 1, 2030.

What This Bill Does

• Requires developers and deployers of AI systems used for clinical decision-making or health care resource allocation to make reasonable efforts to identify and mitigate biased impacts in the system’s outputs.
• Requires deployers to regularly monitor these AI systems and take steps to reduce any bias that may occur.
• Starting from January 1, 2030, developers must submit their AI systems to an independent auditor annually for compliance checks.
• Developers are required to share audit summaries on their websites for public access.
• Deployers must provide annual reports to the health department about their efforts to comply with identification and mitigation requirements.

Who It Names or Affects

• Developers of artificial intelligence used in healthcare decision-making or resource allocation
• Deployers (users) of such AI systems, including hospitals and clinics

Terms To Know

Generative Artificial Intelligence

AI that creates new content like text or images based on what it has learned from existing data.

Deployers

People or organizations who use AI systems in their work, such as hospitals using AI for patient care.

Limits and Unknowns

• The bill does not specify how the health department will enforce these rules.
• It is unclear what happens if a developer fails to comply with the requirements set by this law.
• There are no details on penalties or consequences for non-compliance.

Official Summary Text

SB 503, as amended, Weber Pierson.
Health care services: artificial intelligence.
Existing law provides for the licensure and regulation of health facilities and clinics by the State Department of Public Health.
Existing law requires a health facility, clinic, physician’s office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law exempts from this requirement a communication read and reviewed by a human licensed or certified health care provider.
This bill would require developers and deployers of artificial intelligence systems to make reasonable efforts to identify artificial intelligence systems used to support clinical decisionmaking or health care resource allocation that are known or have a reasonably foreseeable risk for biased impacts in the system’s outputs resulting from use of the system in health programs or activities. The bill would require developers and deployers to make reasonable efforts to mitigate the risk for biased impacts in the system’s outputs resulting from use of the system in health programs or activities. The bill would require deployers to regularly monitor these artificial intelligence systems and take reasonable and proportionate steps to mitigate any bias that may occur. The bill would specify that a person, partnership, state or local governmental agency, or corporation may be both a developer and a deployer.
The bill would require, beginning January 1, 2030, and at least
annually thereafter, a developer to submit their artificial intelligence systems to an independent third-party auditor to assess whether the developer has complied with the above-described provisions. The bill would require developers to make a summary of the audit publicly available on it’s internet website.
The bill would specify that the department is not required to independently inspect, test, or evaluate the functionality of an artificial intelligence system. The bill would require, beginning January 1, 2027, developers to provide a report identifying compliance efforts with the above-described provisions to the department before making an artificial intelligence system commercially or publicly
available to a deployer, as specified. The bill would require deployers, beginning January 1, 2027, to annually
provide the department with a report identifying their efforts to comply with identification, mitigation, and monitoring requirements established pursuant to these provisions. The bill would require the department to make these reports available on its internet website.

Current Bill Text

Download Bill PDF