California Healthcare AI Deceptive Terms Act (AB 489)
Effective date
Penalty
Primary enforcement through healthcare professional licensing boards, not the AG. Each misleading representation is a separate offense. Underlying license mi…
Obligations mapped
3 obligations
Overview
AB 3030 (2024) requires healthcare providers to disclose generative AI use to patients and in records. AB 489 (2025) extends similar duties to technology developers and deployers whose healthcare AI communicates with patients or presents as credentialed care. It bars false claims of professional licenses or credentials and requires clear disclosures in healthcare settings.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in California
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
AB 3030
AI categories covered
- Healthcare AI
Specific AI use cases:
- Diagnostic and clinical AI
- clinical decision support
- Chatbots and virtual assistants
- document processing
What this requires you to do
3 obligations identified from statutory analysis.
BPC 4999.10(c)
BPC 4999.10(b)
BPC 4999.10(d)
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Primary enforcement through healthcare professional licensing boards, not the AG. Each misleading representation is a separate offense. Underlying license misrepresentation laws include criminal provisions under the Medical Practice Act (unlicensed representation is a crime). Remedies include injunctions, restraining orders, and other relief authorized by law.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
effective
Takes effect.
signed
AB 489 signed, extending requirements to AI developers and deployers.
signed
AB 3030 signed, requiring healthcare provider AI disclosure.
Related regulations
- In EffectAI-Specific
California Healthcare Provider Generative AI Disclosure (AB 3030)
Requires healthcare providers to disclose when generative AI is used in patient interactions and to document that use in the patient record. Focuses on licensed providers and clinical settings. AB 489 (2025) later extended parallel transparency duties to developers and deployers of healthcare AI, not only providers.
Effective
- In EffectAI-Specific
California Companion Chatbots Act (SB 243)
California's Companion Chatbot Act may apply to operators of AI chatbots designed for ongoing social interaction. Where applicable, operators may need to disclose the AI nature of the chatbot, maintain safety protocols for self-harm and suicide content, provide crisis referrals, and implement special protections for minors including break reminders and content restrictions. Operators may need to publish safety protocols and file annual reports with the Office of Suicide Prevention starting July 2027.
Effective
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Maryland Healthcare AI Utilization Review (HB 820)
May apply to AI tools used in healthcare coverage decisions, calling for determinations based on individual patient data rather than group datasets. Where applicable, final utilization review decisions may need to be made by a physician in the same specialty. Where applicable, carriers may need to report whether AI was used in adverse decisions. Does not ban AI in healthcare: where applicable it may require AI to use individual patient data and may mandate human physician final decisions.
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California AI Transparency Act (SB 942)
The California AI Transparency Act requires creators of large generative AI systems to provide free AI detection tools, embed provenance metadata in AI-generated content, and offer visible disclosure options. Large platforms must detect and preserve provenance data.
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CCPA/CPRA Automated Decision-Making Technology Regulations
California's ADMT regulations require businesses using automated decisionmaking technology for significant decisions (employment, finance, housing, education, healthcare) to provide pre-use notices, offer opt-out rights, respond to access requests, and conduct risk assessments with annual CPPA filing under penalty of perjury.
Effective
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California Transparency in Frontier AI Act (SB 53)
Requires developers of frontier AI models trained above the statutory compute threshold (10^26 FLOPs) to publish safety frameworks, report critical safety incidents to the Office of Emergency Services, and implement whistleblower protections. Also reaches large frontier developers with annual revenues over $500 million. Replaces the vetoed SB 1047 with a narrower transparency approach. Currently applies to approximately five to eight companies worldwide given the FLOP threshold. Includes a federal deference provision: compliance with comparable federal standards, including the EU AI Act, is accepted where the statute allows.
Effective
- In EffectAI-Specific
California AI Training Data Transparency Act (AB 2013)
Requires developers of generative AI systems or services available to Californians to publish high-level documentation on training data, including sources, types, and curation. Applies retroactively to systems released on or after January 1, 2022. No trade secret exemption. Internal development or material modification of third-party GenAI can be in scope. xAI challenged the law in federal court; on March 4, 2026 the court denied a preliminary injunction, so AB 2013 remains in full effect while litigation continues. Major providers published required documentation by January 1, 2026.
Effective
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California FEHA regulations on automated decision systems (Civil Rights Council)
California Civil Rights Council regulations apply FEHA's anti-discrimination framework to automated decision systems (ADS) in employment. Defines ADS broadly to include AI, ML, and algorithmic tools. Makes anti-bias testing evidence relevant to discrimination claims and defenses. Requires reasonable accommodation when ADS disadvantages disabled or religious individuals. Prohibits pre-offer medical inquiries via ADS. Employers with 5+ employees are covered. 4-year record retention required.
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California Digital Replicas of Deceased Performers Act (AB 1836)
Restricts commercial uses of realistic AI-generated replicas of deceased performers' voices or likenesses in audiovisual works and sound recordings without consent from the personality's estate or other rightsholder.
Effective
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California Digital Replica Contract Protections (AB 2602)
Makes contract terms unenforceable when they allow digital replicas of a performer without the performer giving specific, informed consent. Two paths to enforceable consent: independent legal counsel review or union agreement. Companion to AB 1836.
Effective
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California AI Definition Act (AB 2885)
Standardizes the legal definition of artificial intelligence across all California law. Defines AI as an engineered or machine-based system that varies in its level of autonomy and can infer from input how to generate outputs that influence physical or virtual environments. Mirrors the OECD AI definition.
Effective
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California Non-Consensual Deepfake Pornography (SB 926)
Criminalizes creation and distribution of realistic deepfake intimate images without consent, if the creator or distributor knew or should have known it would cause serious emotional distress. Applies to AI-generated content.
Effective
California AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.