Right to Override Act

Protection of Professional Judgment: The bill ensures that AI/CDSS outputs are not substituted for the independent judgment of a health care professional while they are acting within their scope of practice (Sec. 101(a)(1)(A)).

Freedom to Act for Patient Care: Health care professionals are permitted to override AI outputs in a timely manner if they believe it is appropriate for the patient or necessary to comply with the law (Sec. 101(a)(1)(B)).

Job Security Against Retaliation: The Act prohibits covered entities from taking adverse employment actions—such as termination, demotion, or even burdensome work schedules—because a professional chose to override an AI output (Sec. 201; Sec. 3).

Whistleblower Protections: Individuals are protected from discrimination or retaliation when exercising their rights under this Act or reporting possible violations (Sec. 202).

Employee Voice and Input: The bill requires the establishment of an AI/CDSS committee that must include at least as many non-managers as managers to provide consultation and review implementation (Sec. 101(a)(4)).

Ability to Seek Legal Redress: Employees have a private right of action to sue for damages, including back pay and statutory damages, if their rights are violated (Sec. 203(b)(2)).

Personal Liability for Medical Decisions: This Act does not protect a health care professional from medical malpractice or negligence claims resulting from their decision to override an AI output (Sec. 303).

Data Privacy Risks: While the bill prohibits sharing override data that identifies specific professionals, it does allow for the sharing of data related to a particular health care professional or group of professionals in certain contexts, such as civil or criminal actions (Sec. 101(a)(1)(D); Sec. 101(b)(2)).