Assemblymember Mia Bonta Sends Bill to Prevent AI Misrepresentation in Healthcare to the Governor

AB 489 would prohibit Artificial Intelligence platforms from representing "themselves" as licensed or registered health practitioners.

• Daniel McGreevy
• Communications Coordinator
• (916) 319-2589
• [email protected]

SACRAMENTO - Monday, AB 489, authored by Assemblymember Mia Bonta (D-Oakland), Chair of the Assembly Health Committee, was sent to the Governor's desk after passing its final vote on the Assembly floor.

If signed into law, this bill would ensure state health professions boards and law enforcement agencies have the authority to enforce title protections when AI systems or similar technologies, such as internet-based chatbots, misrepresent themselves as health professionals, such as nurses, doctors, or psychologists.

"AB 489 will protect California consumers, particularly children and the elderly, by ensuring that there is a clear distinction when individuals are conversing with a trusted member of their care team versus an automated chatbot," said Assemblymember Mia Bonta. "This bill has secured support from our healthcare professionals, consumer privacy advocates, and even AI developers because it's common sense that neither humans nor AI agents should be able to pretend to have health credentials or licenses that they don't have. I'm grateful for my colleagues' support for this balanced regulation, and I am hopeful that the Governor will see the urgent need for this bill."

Earlier this year, the Assembly Health and Privacy & Consumer Protection Committees held a joint informational hearing co-hosted by Assemblymember Bonta on generative artificial intelligence in healthcare and the corresponding opportunities, challenges, and policy implications. The hearing featured representatives from Kaiser, Google, the California Health Care Foundation, and the California Nurses Association, among others.

During the information hearing, Assemblymember Bonta detailed how state lawmakers have a responsibility to "help guide the technology in ways that maximize benefit to Californians and minimize harm, that is ethical, safe, effective, free from bias, and helpful versus harmful to the work of our clinicians."

AB 489 comes as the world grapples with the growing implications of artificial intelligence. Companies are rolling out AI agents in health care, teenagers are turning to AI chatbots to discuss suicidal ideation, and AI is becoming increasingly integrated into the daily work of medical professionals.

• A report from Common Sense Media found that 72% of teens have used AI companions and 12% of teens utilized them for emotional or mental health support.

• Reports from the University of Michigan found that 76% of adults over 50 considered information from their health care providers very trustworthy in stark contrast to only 1% considering health information generated by artificial intelligence as very trustworthy. Additionally, 92% of those over 50 agreed that they want to know if information they receive is from a person or generated by AI.

• AI "nurses" are being developed with support from companies like Google.

• Nearly two-thirds of physicians reported using health care AI in 2024 a 78% jump from the 38% of physicians who said they used it in 2023.

"As nurses, our first priority is - and always will be - patient care. Protecting our patients means speaking up against anything that puts their safety or trust at risk. Misleading them into believing that AI chatbots are licensed healthcare professionals is dangerous and undermines the trust we work tirelessly to build at the bedside. Irresponsible use of artificial intelligence has no place in healthcare. We are deeply grateful to Assemblymember Bonta for authoring AB 489, and we urge Governor Newsom to sign it into law - for the protection of our patients and the integrity of our profession, " said Riverside Nurse Monique Hernandez, RN BSN, SEIU 121RN VP.

"The California Psychological Association applauds the Legislature's passage of AB 489 and thanks Assemblymember Bonta for her leadership in championing this important legislation," said Dr. Joshua Heitzmann, PhD, President of the California Psychological Association. "AB 489 is necessary to protect consumers by clamping down on dangerous AI misrepresentation as licensed psychologists and to protect the expertise of health care professionals. The AI Chatbot 'psychologist' on Character AI has over 207 million interactions and growing, harming consumers with the expectation they are receiving quality mental health services. We urge Governor Newsom to sign the bill."

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 foundto overestimate the trustworthiness and capabilities of AI systems and disclose private and personal stories and information.

"AB 489 is a critical measure that prevents AI chatbots from misrepresenting themselves as licensed medical professionals and ensures AI's use in health care settings is done in a safe and responsible manner," said California Medical Association President Shannon Udovic-Constant, M.D. "This bill strikes the right balance by allowing AI to enhance health care while safeguarding the trust, transparency and patient safety that are the foundation of our health care system. We thank the Legislature for passing this important bill and Assemblymember Mia Bonta for her leadership on this issue."

If signed into law, AB 489 could serve as a national model as states work to implement responsible AI legislation.

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

Courtesy photos can be found HERE.