Assemblymember Mia Bonta Introduces Legislation to Prevent AI Systems from Impersonating Health Care Providers

SACRAMENTO – Today, Assemblymember Mia Bonta (D – Oakland) introduced a new bill, AB 489, that will protect Californians from AI systems that misrepresent “themselves” as health professionals. Specifically, the bill will provide regulators the authority to enforce title protections against those who develop or deploy AI systems that claim to be a licensed or certified health professional.

“Californians deserve truth, honesty, and transparency in their healthcare. Generative AI systems are not licensed health professionals, and they shouldn’t be allowed to present themselves as such. It’s a no-brainer to me,” said Assemblymember Mia Bonta. “Generative AI systems are booming across the internet, and for children and those unfamiliar with these systems, there can be dangerous implications if we allow this misrepresentation to continue.”

This legislation, sponsored by SEIU California and the California Medical Association, comes after multiple stories of individuals developing unhealthy relationships with AI chatbots and these same chatbots being found to pose as licensed practitioners. Additionally, AI is taking the health field by storm, with some companies pushing staff to use Generative AI to respond to patients and others developing for-hire "AI nurses." This bill ensures consumers are clear about who they are or are not talking to.

“As nurses, we know what it means to be the face and heart of a patient’s medical experience. Our education and training coupled with years of hands-on experience have taught us how to read verbal and nonverbal cues to care for our patients, so we can make sure they get the care they need," said Leo Perez, a Pomona Registered Nurse and President of SEIU 121RN. "Every Californian deserves access to healthcare from a qualified practitioner, who will provide care based on their education, observations, experience, and expertise, not an algorithm.” 

As AI is being deployed across more applications, including in health care, experts and various professional organizations emphasize the importance of transparency to consumers and patients. This bill would establish guardrails within this developing technology for the safety of consumers and children, allowing people to understand when they are receiving professional guidance versus artificial regurgitation. 

Systems that seem human-like pose unique risks to children and individuals with low health or digital literacy. Children, who readily adopt AI, often without their parents' knowledge, have been found to overestimate the trustworthiness and capabilities of AI systems and disclose private and personal stories and information. 

“As AI is increasingly present in the practice of medicine, it is critical we use it thoughtfully and protect patients from unintended risks and harms that can accompany this powerful technology,” said California Medical Association President Shannon Udovic-Constant, M.D. “Patients deserve to know if the medical advice they are receiving is coming from a bot or a trained and qualified health care professional.”

“AB 489 will ensure that Generative AI is not used dishonestly or negligently to confuse and mislead California consumers. I appreciate the wide range of support this legislation has already received and look forward to working with my colleagues in the legislature to get this across the finish line,” said Assemblymember Mia Bonta.

AB 489 is the ninth bill introduced by Assemblymember Mia Bonta in this legislative cycle.

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Assemblymember Mia Bonta represents California’s 18^th Assembly District encompassing the East Bay including Oakland, Alameda, and Emeryville. She also chairs the Assembly Health Committee.