As a healthcare marketing professional who’s spent two decades helping medical practices navigate the digital landscape, I’ve been closely following California’s groundbreaking AB 3030. This new law (which took effect on January 1, 2025) marks a significant shift in how California’s medical professionals can engage artificial intelligence in patient communications. Importantly, however, I do not interpret it as applying to general marketing communications.
Let me break down what this means for medical practices and why I believe it’s actually a positive development for healthcare marketing, while clarifying some key exemptions that many practitioners have been asking about.
First, let’s clear up the biggest concern I’ve been hearing: No, your traditional advertising channels are not affected by AB 3030. The law specifically focuses on direct patient clinical communications, not marketing materials. This means your:
- Paid search campaigns and Google Ads
- Landing pages and website content
- Television and radio advertisements
- Billboard and print media
- Social media marketing posts
- Email marketing newsletters
- General health education content
All remain outside the scope of this legislation, even if you use AI to help create them. Why? Because these are considered marketing materials rather than direct patient communications about clinical information.
What’s particularly interesting about AB 3030 is its nuanced approach. The law specifically targets communications containing individual patient clinical information while keeping standard marketing and administrative communications outside its scope. This distinction is crucial for medical marketers to understand.
From my experience working with hundreds of medical practices, here’s what you really need to know: those marketing campaigns and communications where you use AI for inspiration or efficiency are exempt from the law. However, if you’re leveraging AI to provide personalized health recommendations or post-treatment care instructions to specific patients, you’ll need to include appropriate disclaimers unless the message was reviewed by a licensed healthcare professional.
The real opportunity here lies in how we frame these disclosures when they are needed. Rather than viewing them as regulatory hurdles, I see them as trust-building tools. When patients know that AI is involved in generating their health communications – and that they have clear access to human healthcare providers – it actually enhances transparency and builds confidence in your practice.
Here’s what I’m advising our agency partners:
Transform your AI disclosure into a feature, not a disclaimer. For instance, you might say: “This personalized care plan was created using advanced AI technology and reviewed by our healthcare team to ensure you receive the most comprehensive care possible.”
This approach acknowledges the AI’s role while emphasizing the human oversight that ensures quality care. It’s about finding that sweet spot between technological innovation and personal touch – something that’s becoming increasingly important in healthcare delivery.
Looking ahead, I believe AB 3030 sets a positive precedent for the future of healthcare communications. It’s not about restricting AI use but about creating a framework where technology and transparency coexist to benefit patient care. The fact that it explicitly excludes traditional advertising channels shows a thoughtful approach to regulation that understands the difference between marketing communications and personal health information.
A final thought for medical marketers: while your advertising efforts can continue unchanged, start preparing for similar legislation in other states regarding patient communications. California often leads the way in regulatory matters, and I expect we’ll see comparable requirements rolling out across the country. Those who adapt early will be better positioned to thrive in this evolving landscape.
The bottom line? Embrace these changes as an opportunity to demonstrate your commitment to patient trust and transparent communication, while continuing to innovate in your marketing efforts. After all, in healthcare marketing, trust isn’t just a nice-to-have – it’s everything.
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