On January 13, 2025, California Attorney General Rob Bonta issued two legal advisories on the use of AI, including in the healthcare context. The first legal advisory (“AI Advisory”) advises consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws with respect to the use of AI, while the second (“Healthcare AI Advisory”) provides guidance specific to healthcare entities about their obligations under California law regarding the use of AI.

The AI Advisory notes that businesses have existing obligations with respect to their use of AI under existing California law, including the California Consumer Privacy Act of 2018, the California Invasion of Privacy Act, the Student Online Personal information Protection Act and the Confidentiality of Medical information Act.

The AI Advisory also notes the applicability of recently passed AI laws (with effective dates in 2025 and 2026) to businesses’ use of AI, including laws providing:

The Healthcare AI Advisory provides guidance specific to healthcare providers, insurers, vendors, investors and other healthcare entities about their obligations with respect to their use of AI under California law, including:

The Healthcare AI Advisory emphasizes the importance of taking proactive steps to comply with existing California law, even as additional AI laws and regulations are anticipated, given the potential risk of harm to patients, healthcare systems and public health.

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