A bill sponsored by House Speaker Melissa Minor-Brown aims to limit AI’s authority in medical settings.
House Bill 191 says “...an agent powered by AI, may not be licensed as a professional nurse, APRN, practical nurse, physician, or physician assistant.”
It also “clarifies” that AI can’t use any of these professional titles.
It moved out of House committee and passed on the house floor with 38 yes votes and 3 absent.
During consideration in house committee, Delaware’s health care groups spoke in the measure’s favor.
The Delaware Healthcare Association advocated to pass the law. One of the state’s most active healthcare lobbying groups, its members include providers like ChristianaCare and Nemours Children's Health.
The DHA sees opportunities for artificial intelligence in healthcare with administrative tasks, Frazee said, and the bill leaves room for its use.
“We hope that artificial intelligence can make it so that you have more human touch, because clinicians have to spend less time doing administrative tasks and other things,” Frazee said. “That frees up time for them to actually pay more attention to the patients.”
He sits on Delaware’s subcommittee for AI regulation, which the General Assembly created two years ago.
AI is fast evolving, Frazee said. The federal government has been slow to touch regulation, leaving it largely up to states to address.
Frazee expects to see more legislation through the General Assembly that tries to address the question:
“How do we move forward in a collaborative way on AI and have the right safeguards in place, but also make sure that we're being innovative and being able to use it to its fullest, fullest extent?”
Other groups that supported House Bill 191 include external communications representative for Nemours Children’s Health Kristen Dwyer. She said it’s a safeguard for the hospital’s more than three thousand licensed medical providers.
“At a time of rapid technological change, (HB 191) reinforces that technology must support but cannot replace the essential role of licensed caregivers in patient care,” she said.
Christopher Otto, the Delaware Nurses Association’s executive director, said his group wants patients to be clear on when they are interacting with an automated system, rather than a licensed healthcare worker.
“We do want to protect the consumer and ensure...that when patients are interacting with healthcare-related chat bots or entities that they know exactly what they're talking to,” he said. And if people receive health advice or education from an individual, it’s important that they know it's coming from someone with training and education.
The Delaware Healthcare Facilities Association and Professional Association of Physicians also spoke at legislative hall in favor of the measure.
The bill is assigned to the Senate Legislative Oversight & Sunset Committee.
