Existing law requires the operator of a private detention facility, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations, as specified. Existing law requires a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations. This bill, the Protecting Vulnerable Immigrant Detainees Model Act, would require the Attorney General, on or before December 31, 2027, to submit to the Legislature a report including a proposed oversight plan for private civil detention facilities that protects the health, safety, and welfare of persons detained in those facilities, as specified. The bill would require the Governor to direct the appropriate state entity to cooperate with the Attorney General for the purposes of developing the oversight plan, as specified. The bill would make related findings and declarations. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information, as defined, about the consumer to limit its use, as prescribed. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would, under the CCPA, prohibit a business, service provider, or contractor from selling or sharing sensitive personal information to a third party, except as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law establishes various healing arts boards within the Department of Consumer Affairs that license and regulate various healing arts licensees. Existing laws, including the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act, make a violation of those acts a crime. Existing law regulates the use of artificial intelligence, as defined. Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information to ensure those communications include a disclaimer that indicates to the patient that a communication was generated by artificial intelligence and instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. This bill would regulate the use of artificial intelligence in connection with providing or facilitating psychotherapy services, as defined. The bill, among other things, would authorize an individual, corporation, or entity that provides or facilitates psychotherapy services to use artificial intelligence tools or systems only to assist in providing administrative or supplementary support in psychotherapy services, as specified. The bill would prohibit an individual, corporation, or entity from using artificial intelligence to record or transcribe psychotherapeutic communications or sessions or to triage or screen a person for the need for psychotherapy services unless the patient or client or their authorized representative is informed that artificial intelligence will be used and the purpose of the artificial intelligence tool or system, and the patient or client or their authorized representative provides consent, as specified. The bill would prohibit an individual, corporation, or entity from advertising or otherwise purporting to offer psychotherapy services when the services are provided through the use of companion chatbots. The bill would prohibit an individual, corporation, or entity from allowing artificial intelligence to perform certain acts, including making therapeutic decisions or detecting emotions or mental states, as specified, without review and approval by a licensed professional. The bill would make a violation of the bill's provisions subject to the jurisdiction of the appropriate health care professional licensing board or enforcement agency, as specified, and would authorize those boards and enforcement entities to pursue any remedies authorized by law. Existing law, the Confidentiality of Medical Information Act, generally restricts the persons and entities to whom, and the purposes for which, a health care provider, health care service plan, or contractor may release a patient's medical information. The Confidentiality of Medical Information Act additionally imposes certain disclosure requirements for the release of medical information that specifically relates to the patient's participation in outpatient treatment with a psychotherapist. In this regard, the act prohibits a health care provider, health care service plan, or contractor from releasing that information to persons or entities who have requested that information and who are otherwise authorized by specified laws to receive that information, unless the requester makes certain written disclosures to the patient and to the provider of health care, health care service plan, or contractor, as specified. Those disclosures include, among other things, the specific intended uses of the information, and the length of time during which the information will be kept before being destroyed or disposed of, as specified. Existing law makes a violation of those provisions that result in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would require the use of artificial intelligence in patient or client records for psychotherapy services to comply with the confidentiality requirements of the above-described provision of the Confidentiality of Medical Information Act and would prohibit a company or entity from sharing, selling, storing, or training their models on any data obtained from psychotherapy in a manner inconsistent with any applicable law. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a county elections official is required to prepare a certified statement of the results of an election and submit it to the county board of supervisors within 30 days of the election. This bill would make it a felony, punishable by imprisonment for 16 months or 2 or 3 years, to seize or cause or assist in the seizure of ballots, election records, or certified voting technology before election results are certified by the elections official. The bill would also make it a felony punishable by imprisonment for 2, 3, or 4 years for any person with authority to direct another person subject to their supervision or authority to seize ballots, election records, or certified voting technology before election results are certified. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
The California Fair Employment and Housing Act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and requires the department to, among other things, bring civil actions to enforce the act. Existing law requires, on or before September 1, 2024, the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. This bill would generally regulate the development and deployment of an automated decision system (ADS) used to make consequential decisions, as defined. The bill would define "automated decision system" to mean a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. This bill would require a developer of a covered ADS, as defined, to take certain actions, including providing a potential deployer instructions explaining how the covered ADS should be used by the deployer to make or facilitate a consequential decision. This bill would require a deployer of a covered ADS to take certain actions, including provide certain disclosures to a subject of a consequential decision made or facilitated by the covered ADS that results in an adverse outcome, as defined, and provide the subject with an opportunity to appeal the outcome of the consequential decision, as prescribed. This bill would authorize the Attorney General to bring a specified civil action for noncompliance.
Existing law makes it a misdemeanor for any person having charge of a completed vote by mail ballot to interfere with a ballot's return to the local elections official. This bill would additionally make it a misdemeanor for any person having charge of a vote by mail ballot to interfere, as defined, with a ballot's delivery to a voter. The bill would make it a felony for a person with authority to direct one or more persons subject to their supervision or authority to interfere with a ballot's return to the local elections official or delivery to a voter. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally regulates classes of insurance, including life and disability insurance. Existing law prohibits an insurer from requiring a test for the presence of a genetic characteristic for the purpose of determining insurability, except as specified. If an insurer requests an applicant to take a genetic characteristic test, existing law requires the insurer to obtain the applicant's written informed consent and to notify the applicant of the test result. Existing law prohibits a life or disability income insurer from requiring a genetic characteristic test if the results of the test would be used to determine eligibility for specified health care coverage. Existing law prescribes civil penalties for an insurer who discloses the results of a test for a genetic characteristic requested by the insurer. This bill would repeal those provisions and would instead prohibit a life or disability insurer from canceling, limiting, or denying coverage, among other actions, based on a test for the presence or absence of a genetic characteristic. The bill would authorize a life or disability insurer to base an underwriting decision on a test for the presence or absence of a genetic characteristic if specified criteria are met. The bill would, except as provided, prohibit a life or disability insurer from requiring, requesting, or soliciting genetic information, using genetic test results, or considering a person's decisions or actions relating to genetic testing in any manner for an insurance purpose. The bill would additionally impose civil penalties for the use of genetic information or genetic characteristics in a manner inconsistent with these provisions, as specified, and other civil penalties for any violation of these provisions. The bill would also prohibit the use or disclosure of an individual's full genome. Existing law, the Insurance Information and Privacy Protection Act, prohibits an insurance institution, agent, or insurance-support organization from seeking specified information in connection with an insurance transaction or preparing or requesting an investigative consumer report about an individual for an insurance application, except as specified. Existing law prohibits an insurance institution or agent from basing an adverse underwriting decision on specified information. Existing law prohibits an insurance institution, agent, or insurance-support organization from utilizing a form or statement that authorizes disclosure of personal or privileged information as its disclosure form, unless the form or statement meets specified criteria. This bill would prohibit an insurance institution, agent, or insurance-support organization from seeking information in connection with an insurance transaction concerning, or prohibit an insurance institution or agent from basing an adverse underwriting decision on, an individual's genetic information or full genome, unless specified criteria are met. The bill would prohibit an insurance institution, agent, or insurance-support organization from preparing or requesting an investigative consumer report that seeks an individual's genetic information or full genome. This bill would state the intent of the Legislature that, notwithstanding any other law, these provisions shall not be interpreted to authorize the use or disclosure of an individual's full genome. This bill would incorporate additional changes to Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by SB 354 to be operative only if this bill and SB 354 are enacted and this bill is enacted last.
Existing law prohibits a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as those terms are defined, without first obtaining a court order. Existing law authorizes a person who has been injured by a violation of that prohibition to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would instead authorize only the Attorney General to bring that action for a violation of the above-described provision if the action is alleged to arise from conduct occurring on an internet website, online application, or mobile application. The bill would provide that this limitation applies retroactively to any pending claim in an action commenced within 2 years before the operative date of the bill. The bill would declare the severability of its provisions.
(1) The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. Existing law makes a violation of these provisions that results in economic loss or personal injury punishable as a misdemeanor. Existing law deems a business that offers a mental health digital service or reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual's information, or for the diagnosis, treatment, or management of a medical condition of the individual, to be a provider of health care subject to the requirements of the CMIA. The bill would additionally deem a business that offers a health care chatbot, as defined, to a consumer for the above-described purposes to be a provider of health care subject to the requirements of the CMIA. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. (2) Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person, except as specified. This bill would require a health facility, clinic, physician's office, or office of a group practice to take reasonable steps to ensure that a licensed health care professional, acting within their scope of practice, retains the ability to exercise independent professional judgment in their care of a patient whenever that care is informed by the output of a clinical decision support system, as defined. The bill would prohibit a health facility, clinic, physician's office, or office of a group practice from using or deploying a tool, system, or device that includes artificial intelligence to independently perform any clinical function that is required by law to be performed by a person with a professional license. The bill would make a violation of these provisions by a physician subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California. The bill would also authorize the appropriate professional licensing board to pursue an injunction or restraining order to enforce these provisions to the extent that a violation constitutes the practice of a health care profession without a license. The bill would specify that these provisions do not apply to the use of automated decision systems for documentation and communication that does not involve the application of professional judgment, including automated messages to inform patients of updates to their health records. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants to a consumer various rights with respect to personal information that is collected by a business. Among those rights, the CCPA includes the right to request that a business delete personal information that the business has collected from the consumer. This bill would expand that right to include requesting the deletion of any personal information that the business has collected about the consumer. If the business did not obtain the personal information from the consumer, the bill would allow the business to retain a record of the deletion request and the minimum data necessary to ensure the consumer's personal information remains deleted from its records and is not being used for any other purpose. The bill would make findings and declarations relating to these provisions. Existing law generally requires businesses to make certain methods of communication available for consumers to submit personal information requests, including requests for deletion and correction. If a business operates exclusively online and has a direct relationship with the consumer from whom it collects personal information, existing law requires the business to provide consumers an email address for submitting personal information requests. This bill would also require that business to make an online method, such as a web form or online portal, available to consumers for submitting personal information requests. Existing law, the California Privacy Rights Act of 2020, an initiative measure approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
