On October 11, 2025, California’s Governor Newsom signed AB 489, a law designed to address health advice from artificial intelligence (“AI”). It will take effect on January 1, 2026.
California Currently Prohibits Misrepresentations of License to Practice Medicine and Regulates Generative AI in Health Care
Several California laws prohibit a person from using specified words, letters, phrases, and terms to falsely indicate or imply they are authorized to practice health care professions in California. In this article, we’ll refer to these laws as “license misrepresentation laws,” and the words, terms, and phrases that trigger these laws’ prohibitions collectively as “license misrepresentation words.”
For example, the Medical Practice Act (“MPA”) makes it a crime for any person to indicate they are licensed to diagnose, treat, or otherwise practice in any physical or mental condition, if they are in fact not appropriately licensed under California law. The MPA’s license misrepresentation words include words, terms, and phrases implying a person is appropriately licensed by California to “diagnose” or “treat” a given health condition.
Separately, California has begun regulating use of generative AI (“GenAI”) in health care. In January 2025, a law (AB 3030) took effect that applies to California-licensed health care providers who use GenAI to generate patient communications. Such providers must include in each GenAI-produced communication a disclosure of that use and instructions on how to contact a human health care provider. That same month, the California Attorney General’s office issued two legal advisories on AI in health care with guidance for health care providers, insurers, vendors, and developers, explaining how existing California laws apply to the use of AI and automated decision-making systems in health care settings.
AI and GenAI Developers/Users Will Be In-Scope for License Misrepresentation Laws
AB 489 provides that existing license misrepresentation laws will be enforceable against any person or entity that develops or deploys AI or GenAI that, in the AI’s or GenAI’s advertising or functionalities, uses one or more “terms, letters, or phrases to indicate or imply possession of a license or certificate to practice a health care profession.” For example, after AB 489 takes effect, a person or entity that advertises or describes an AI system as a “doctor,” “physician,” or “M.D.” is likely be directly liable under the MPA restrictions on use of such terms without a proper medical license or certification.
AI and GenAI Output Will Be Subject to AB 489’s New License Misrepresentation Law
AB 489 also directly prohibits the use of “a term, letter, or phrase in the advertising or functionality of an AI or GenAI system, program, device, or similar technology that indicates or implies that the care, advice, reports, or assessments being offered through the AI or GenAI technology is being provided by a natural person in possession of the appropriate license… to practice as a health care professional.” To borrow from the law’s sponsor, this means AI platforms are prohibited from “representing ‘themselves’ as licensed or registered health practitioners.” This will also potentially prevent health care providers from generating advice or assessments using AI without human intervention or, at minimum, without disclosing that the advice or assessments came from an AI system rather than from a licensed or certified human health care professional.
This provision in particular creates serious risk for persons responsible for AI and GenAI output, as each use of AB 489’s license misrepresentation words—any “term, letter, or phrase… that indicates or implies that the care, advice, reports, or assessments being offered through the AI or GenAI… is being provided by” an appropriately licensed or certified human—is a separate violation of the law. Violations are enforceable by “the appropriate health care professional licensing board or enforcement agency,” and may include an injunction, restraining order, or any other remedy authorized by law.
Steps You Can Take to Prepare for AB 489
If you develop AI or GenAI:
Ensure there are restrictions in place for each current and future AI and GenAI functionality, to prevent them from indicating or implying that the technology itself, or you as its developer, is licensed or certified to practice health care. For example, if a user prompts your AI platform for health advice, consider adding a disclaimer to any response that includes (1) a statement that neither the AI or its developers can give medical advice or issue medical reports or assessments, and (2) a direction that the user should talk to a licensed or certified health care professional for personalized information.
Review AI and GenAI advertising materials and remove any implications that the technology or you as the developer are licensed or certified to give medical care, such as use of terms like “doctor,” “M.D.,” or “physician.”
Contractually prohibit your customers and users from utilizing your AI or GenAI for medical care, advice, reports, or assessments unless they are appropriately licensed or certified under applicable law to practice medicine.
If you use AI or GenAI, review each output (e.g., text, image, video, or audio) before sharing it externally, such as to a patient or potential customer.
If you aren’t licensed or certified to practice medicine, include appropriate disclaimers that inform anyone receiving the AI/GenAI outputs that those outputs are not medical advice, reports, or assessments and not provided by a licensed or certified health care professional.
If you are licensed or certified, do not simply provide patients with, or solely rely on, AI outputs as a substitute for care. Instead, review and analyze AI outputs for accuracy along with other independent information about the patient as part of your treatment plan and include appropriate disclosures about GenAI use as necessary to comply with existing law (see discussion above).
Hintze Law PLLC is a Chambers-ranked and Legal 500-recognized, boutique law firm that provides counseling exclusively on global privacy, data security, and AI law. Its attorneys and data consultants support technology, ecommerce, advertising, media, retail, healthcare, and mobile companies, organizations, and industry associations in all aspects of privacy, data security, and AI law.
Cameron Cantrell is an Associate at Hintze Law PLLC, counseling companies on global data protection issues, including health (consumer, biotech, genetics), business (CCPA, GDPR), and areas of ongoing federal regulation (HIPAA, GLBA, the DOJ Cross-Border Data Transfers Rule, human subject research).
