Vote Smart's Synopsis:

Vote to pass a bill that requires health facilities to disclose artificial intelligence (AI) clinical decision support systems to health care workers and prohibits retaliation for overriding AI outputs in California.

Highlights:

• Defines “clinical support system” as an automated decision system or generative artificial intelligence system whose outputs produce a prediction, classification, recommendation, evaluation, or analysis that can inform clinical decisionmaking in patient care (Sec. 1).

• Requires a health facility, clinic, physician’s office, or office of a group practice to make available, upon request from a licensed healthcare professional or other person using a clinical decision support system, an inventory of all clinical support systems currently in use or deployed for patient care on or before July 1, 2027 (Sec. 2).

• Requires a health facility, clinic, physician’s office, or office of a group practice to make available, upon request from a licensed healthcare professional or other person using a clinical decision support system, information about their clinical decision support systems including (Sec. 2):

• Summary of the system including the developer and description of the output produced by the system;

• Intended use of the system including the intended patient population, users, and role in clinical decisionmaking;

• Cautioned out of scope use of the system, including known risks and limitations;

• Summary of the training set or clinical research underlying recommendations included demographic representatives and known biases;

• Summary of the validation process;

• Summary of qualitative measures of performance; and

• Link to the Certified Health IT Product List from the US Department of Health and Human Services’ National Coordinator for Health Information Technology.

• Requires a health facility, clinic, physician’s office, or office of a group practice to notify, upon hire and annually, licensed healthcare professional or other person using a clinical decision support system of their right to request the inventory of all clinical support decision support systems in use (Sec. 2).

• Specifies the sections of code that a violation of this act violates depending on the kind of facility in violations (Sec. 3).

• Prohibits an employer from firing a worker that provides direct patient care solely for overriding the output of a clinical decision support system (Sec. 3).

• Authorizes workers subject to retaliation due to override of clinical decision support system outputs to file a complaint with the Labor Commissioner against their employer (Sec. 3).

Full Bill Text