California has introduced a bill, AB 489, aimed at regulating the use of artificial intelligence in healthcare to prevent AI systems from falsely presenting themselves as licensed healthcare professionals. This bill, proposed by Assemblymember Mia Bonta, targets both obvious and subtle misrepresentations by AI, including chatbots claiming to be doctors or using professional language that suggests medical expertise without proper licensing.
The bill would ban AI systems from using terms, letters, or phrases that falsely imply a healthcare license or certificate in their functionality or advertising. However, it would allow AI systems to use such terms if supervised by a licensed provider. State licensing boards would supervise AI systems, adding to existing privacy and consumer protection rules.
The bill's provisions would require user interfaces to avoid wording or imagery that implies licensed medical advice without proper oversight. Phrases like "doctor-level," "clinician-guided," or "expert-backed" may trigger violations unless licensed professionals are formally involved.
The bill aims to safeguard young people from receiving false and potentially harmful information related to mental health and substance use challenges. It would hold entities developing or deploying AI accountable if their systems use misleading language in advertising or functionality. By ensuring AI technology in healthcare is transparent about its limitations and doesn't replace licensed medical judgment, the bill seeks to promote responsible AI use in the healthcare sector.
The bill has garnered support from Mental Health America of California and the California Medical Association. However, concerns about enforcement remain, including whether state agencies have the resources to oversee compliance effectively.
