AI Frontier Institute

Health care services: artificial intelligence.

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California Assembly Bill 1979 (Chapter 854), signed September 30, 2026, makes two major changes to regulate artificial intelligence in health care. First, under new Business and Professions Code Chapter 25.5 (Section 22758.5), health facilities, clinics, physician's offices, and group practices must take reasonable steps to ensure that licensed health care providers retain the ability to exercise independent professional judgment whenever patient care is informed by a 'clinical decision support system' — defined as an AI system producing predictions, classifications, recommendations, evaluations, or analyses aiding clinical decision-making related to timing of care, diagnosis, or treatment. The same covered entities are prohibited from using or deploying any AI-containing tool, system, or device to (A) direct, guide, supervise, or instruct unlicensed personnel in performing any clinical function legally required to be performed by a licensed professional, or (B) independently perform any such licensed clinical function. Trainees in supervised programs working toward licensure are exempt. Violations by a physician are subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California (Section 22758.5(c)(1)), and the appropriate professional licensing board may seek an injunction or restraining order where a violation constitutes unlicensed practice of a health care profession (Section 22758.5(c)(2)). These restrictions do not apply to automated decision systems used for documentation and communication that do not involve professional judgment, such as health-record update messages, appointment reminders, or patient information requests (Section 22758.5(d)). Second, the bill amends Civil Code Sections 56.05 and 56.06 to bring 'health care chatbots' — defined as generative AI systems with natural-language interfaces that provide adaptive, human-like responses, are marketed as facilitating health services, and use consumer health information — under the Confidentiality of Medical Information Act (CMIA). Under amended Section 56.06(f), any business offering such a chatbot for purposes of managing individual health information or diagnosis, treatment, or management of a medical condition is deemed a provider of health care subject to CMIA requirements. Because the bill expands the scope of a crime (misdemeanor liability under CMIA), it constitutes a state-mandated local program, though no state reimbursement to local agencies is required under the rationale stated in Section 4.

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