CNA-sponsored bills aim to protect health care from untested AI risks

Legislative Efforts to Regulate AI in Healthcare Gain Momentum

Union nurses from the California Nurses Association (CNA) have expressed approval as two bills they sponsored made significant progress in committee on Tuesday. These legislative efforts aim to establish regulations for artificial intelligence (AI) in healthcare, safeguarding both patients and healthcare workers. The bills are designed to protect patient privacy, preserve the integrity of nursing practices, and ensure accountability for technology companies and healthcare organizations implementing AI tools.

These initiatives could serve as benchmarks for other industries and regulatory agencies looking to protect workers from unproven AI technologies in healthcare settings.

“Together, these bills establish some common-sense safeguards for patients and workers alike against all this very troubling A.I.,” said Sandy Reding, RN and president of California Nurses Association. “Our workplaces are constantly rolling out new A.I., most of the time without our knowledge. Nurses and other health care workers are not against technology that supplements our practice, but we know our employers’ goals are not about helping us at all. Their number one goal is always profit, and they want to use A.I. to replace as many of us as possible to cut labor costs at the expense of patient safety.”

Authored by Assemblymember Mia Bonta, A.B. 1979 prohibits healthcare entities from using AI to replace the clinical judgment of licensed healthcare professionals. Additionally, it mandates that AI applications accessing medical records adhere to California’s medical confidentiality statutes.

Assemblymember Liz Ortega authored A.B. 2575, which obligates healthcare providers to disclose the use of AI in patient care. The bill also reaffirms the clinical judgment rights of healthcare professionals, allowing them to override AI decisions without fear of reprisal. Furthermore, it seeks to hold AI developers accountable for any harm their systems may cause, preventing them from shifting blame onto healthcare workers involved with AI systems.

“In health care, artificial intelligence should only support clinical judgment — not replace it,” said Asm. Ortega. “That’s why I am proud to author A.B. 2575, so that no health care worker ever has to choose between protecting their patients and facing retaliation for questioning A.I.”

"No machine can replace the judgment, compassion, or human touch of a nurse," said Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, which cosponsored A.B. 2575. "Artificial intelligence tools are not licensed, not subject to health care privacy laws, and not required to take a Hippocratic Oath to 'do no harm.’ A.B. 2575 ensures A.I. tools are controlled by humans and do not replace our jobs."

The Assembly Appropriations Committee is set to review these bills in the coming month.

California Nurses Association/National Nurses United is the largest and fastest-growing union and professional association of registered nurses in the nation with more than 100,000 members in more than 200 facilities throughout California and more than 225,000 RNs nationwide.

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