​Beginning January 1, 2025, health facilities as defined in HSC section 1250 and clinics as defined in HSC section 1200 must include a disclaimer along with any patient communication related to the health status of a patient if it was created by GenAI, unless that communication was read and reviewed by a human licensed or certified health care provider.

The disclaimer must notify the patient that the communication was created using GenAI to generate written or verbal patient communications pertaining to patient clinical information and must ensure that those communications include both of the following:

1. A disclaimer that indicates to the patient that the communication was generated by GenAI for:
• Written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer must appear prominently at the beginning of each communication.
• Written communications involving continuous online interactions, including chat-based telehealth, the disclaimer must be prominently displayed throughout the interaction.
• Audio communications, the disclaimer must be provided verbally at the start and the end of the interaction.
• Video communications, the disclaimer shall be prominently displayed throughout the interaction.
2. Clear instructions describing how a patient may contact a human health care provider, employee of the health facility, clinic, physician's office, or office of a group provider, or other appropriate person.
   

Administrative matters are not included, such as, appointment scheduling, billing, or other clerical or business matters.

Facilities are responsible for following all applicable laws. CDPH's failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text AB 3030 and all applicable sections of the HSC and Title 22 of the California Code of Regulations.

If you have any questions about this AFL, please contact your local district office.

Sincerely,

Original signed by Chelsea Driscoll

Chelsea Driscoll

Acting Deputy Director​​