Last month, Gov. Gavin Newsom (D) announced that he was signing a series of bills to protect residents from fast-moving AI technology, while vetoing legislation that falls short of providing needed flexibility to companies that are creating and using Generative AI systems.
Overall, the governor signed 17 bills during the year covering the development, use, and regulation of AI technology, but he also vetoed many bills, including the most controversial one, SB 1047. This bill, which would have required developers of AI models to implement strict safety and security protocols, went too far. According to the governor’s veto message, SB 1047 “did not take into account whether an AI system is deployed in high-risk environments, involves critical decision making, or the use of sensitive data.”
In the area of health care, the governor approved SB 1120, which would require a health plan that uses an AI, algorithm, and other software tools for utilization review or management decisions to comply with requirements pertaining to the approval, modification, or denial of services, and guidance regarding the use of AI, algorithm, or other software tools. Additionally, the governor signed SB 3030, which will require a health facility, clinic, physician’s office, or office of a group practice that uses generative AI to generate written or verbal patient communications to ensure that those communications include both a disclaimer that indicates to the patient that the communication was generated by AI and clear instructions permitting a patient to communicate with a human health care provider.