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Governor Signs Key CMA-Backed Healthcare Legislation to Protect Physicians and Patients

Governor Gavin Newsom has signed three significant bills to enhance safety, oversight, and mental health support for California’s healthcare workers, particularly physicians. These bills, part of the California Medical Association’s (CMA) priority legislation for 2024, address urgent issues ranging from violence in emergency departments to the responsible use of artificial intelligence (AI) in medical decisions and reducing mental health stigma for doctors.


Protecting Healthcare Workers in Emergency Departments


Assembly Bill 977, authored by Assemblymember Freddie Rodriguez, strengthens protections for healthcare workers facing threats and violence in emergency departments. Previously, assaults on physicians and healthcare workers inside emergency rooms carried lesser penalties than assaults committed outside. The new law ensures that healthcare workers receive equal protection regardless of where they work.


“California has some of the strongest protections for health care workers, and now these workers will be provided equal protection while in the emergency room as they are provided outside a hospital,” said CMA President Tanya W. Spirtos, M.D. “Thank you Governor Newsom, Assemblymember Rodriguez, and the Legislature for having the backs of health care workers across the state.”


“Threats and violence against physicians and health care workers have increased in recent years,” said emergency physician Adam Dougherty, M.D. “AB 977 goes a long way toward ensuring the safety of employees and patients in emergency departments.” 


Ensuring Human Oversight in AI-Assisted Medical Decisions


Governor Newsom also signed Senator Josh Becker’s SB 1120, known as the “Physicians Make Decisions Act,” to ensure that artificial intelligence (AI) used in healthcare settings is subject to physician oversight. With AI tools increasingly being used to assist in diagnosis and treatment, this bill aims to balance innovation with patient safety.


“As physicians, we recognize that AI can be an important tool for improving health care, but it should not replace physicians’ decision-making,” said Dr. Spirtos. Senator Becker added, “An algorithm does not fully know and understand a patient’s medical history and can lead to erroneous or biased decisions. The Physicians Make Decisions Act ensures that the human element will always determine quality medical treatments for patients.”


SB 1120 addresses concerns about health plans using AI to wrongly deny necessary care, requiring that physicians have the final say in utilization review decisions. The bill sets safeguards while encouraging the responsible use of AI in healthcare.


Reducing Mental Health Stigma for Physicians


Assembly Bill 2164, introduced by Assemblymember Marc Berman, aims to reduce the stigma surrounding mental health care for physicians. The law prohibits the Medical Board of California and the Osteopathic Medical Board of California from asking invasive questions about mental health on licensure applications, ensuring that doctors can seek help without fear of career repercussions.


“Prioritizing mental health benefits not just physicians – who face high rates of burnout, depression, and suicide – but their patients as well,” said Dr. Spirtos. Assemblymember Berman emphasized the importance of allowing physicians to seek the care they need: “AB 2164 ensures that physicians will not be punished for getting the assistance they need.”


The bill builds on recent efforts to encourage mental health care among doctors, particularly as the Medical Board of California revised its licensure application to remove discouraging language. AB 2164 ensures that physicians can access critical services without the risk of jeopardizing their careers.


With these three bills, Governor Newsom and the Legislature have taken significant steps to protect the well-being of California’s physicians and healthcare workers, ensuring safer workplaces, patient-centered AI oversight, and reduced mental health stigma for the state’s medical professionals.

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