CaliforniaHealth care workers could override AI without workplace retaliation
If enacted, direct patient care workers could use professional judgment about clinical AI outputs without retaliation, and certain AI-related liability defenses would be barred.
What it does
If enacted, employers could not punish or discriminate against direct patient care workers solely for overriding or relying on a clinical AI system’s advice. Workers could file complaints with the Labor Commissioner.
If enacted, defendants connected to clinical AI systems could not avoid liability by blaming a health care worker’s failure to override the system. Other defenses and comparative-fault evidence would remain available.
Argument forWorkers may feel freer to use professional judgment for patients because employers could not punish them solely for overriding or relying on clinical AI advice.
Argument againstEmployers and AI developers may face more investigations or lawsuits because the bill would allow complaints and remove one defense in certain harm claims.
More detail
Health care employers would be barred from retaliating or discriminating against direct patient care workers based solely on overriding or relying on a clinical AI system’s output. The protection covers workers providing direct patient care and using professional judgment within their scope of practice. Workers would still have to meet professional care standards, stay within their legal scope of practice, follow applicable laws and employer or government procedures, and use independent judgment. A policy that requires workers to accept or defer to an AI system’s output would not count as one of those duties. Workers could file complaints with the Labor Commissioner, who could investigate, provide temporary relief, issue citations, and bring a civil action.
In lawsuits involving alleged harm from a clinical decision support system, defendants could not argue that a health care worker’s failure to override the system caused the defendant to avoid liability. The rule would apply to defendants who developed, modified, selected, or deployed a clinical decision support system. Defendants could still raise other defenses, present evidence about causation or foreseeability, argue comparative fault, and show that they took reasonable precautions. The rule would not apply to certain medical malpractice actions against licensed or certified professionals providing direct patient care.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Vetoed by Governor Gavin Newsom.Latest
- Sep 15Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 1
- Vote recorded AB 2575 ORTEGA Concurrence in Senate Amendments. Result: pass.Lower
- Aug 31Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 16. Page 7061.).Major
- Vote recorded 3rd Reading AB2575 Ortega By Padilla. Result: pass.Upper
- Aug 31Assembly Rule 63 suspended. (Page 7061.)
- Aug 31In Assembly. Concurrence in Senate amendments pending.
- Aug 31Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 10.).Passed Senate
- Aug 30Read second time. Ordered to third reading.Minor
- Aug 28Read third time and amended. Ordered to second reading.Major
- Vote recorded 3rd Reading AB2575 Ortega By Padilla. Result: fail.Upper
- Vote recorded 3rd Reading AB2575 Ortega By Padilla Reconsider. Result: pass.Upper
- Aug 28Reconsideration granted. (Ayes 40. Noes 0.)
- Aug 28Read third time. Refused passage. (Ayes 18. Noes 10.).Major
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read second time and amended. Ordered returned to second reading.Major
- Aug 20Read third time and amended. Ordered to second reading.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 13From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 13).Major
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 29From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on P., D.T., & C.P. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on P., D.T., & C.P.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Privacy, Digital Technologies, and Consumer Protection]. Result: pass.Upper
- Jun 18From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.Major
- Jun 18From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 8. Noes 2.) (June 17). Re-referred to Com. on L., P.E. & R.Minor
- Jun 17
- Vote recorded Do pass, but first be re-referred to the Committee on [Labor, Public Employment and Retirement ]. Result: pass.Upper
- Jun 11From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.Major
- Jun 10Referred to Coms. on HEALTH, L., P.E. & R. and P., D.T., & C.P.Minor
- May 28In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2575 Ortega Assembly Third Reading. Result: pass.Lower
- May 27Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 15. Page 5497.)Passed Assembly
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 10. Noes 4.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14Joint Rule 62(a), file notice suspended. (Page 5030.)
- May 13In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 27Re-referred to Com. on APPR.Minor
- Apr 23Read second time and amended.Major
- Apr 22From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (April 21).Major
- Apr 21
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 13Re-referred to Com. on P. & C.P.Minor
- Apr 9From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.Major
- Apr 9From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on P. & C.P.Minor
- Apr 8From committee: Do pass and re-refer to Com. on L. & E. (Ayes 11. Noes 1.) (April 7). Re-referred to Com. on L. & E.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Apr 7
- Vote recorded Do pass and be re-referred to the Committee on [Labor and Employment]. Result: pass.Lower
- Mar 26(Pending re-refer to Com. on L. & E.)Minor
- Mar 26Assembly Rule 56 suspended. (Page 4433.)
- Mar 19Re-referred to Com. on HEALTH.Minor
- Mar 18From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.Major
- Mar 16Referred to Coms. on HEALTH, L. & E. and P. & C.P.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced
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