PASNAP's Position: Additional Safeguards Needed for AI in Pennsylvania
In an internal PASNAP survey regarding AI in healthcare, conducted in December 2025, respondents reported being almost entirely shut out of decisions about AI at the bedside, distrustful of management’s intentions, and deeply concerned about where liability for AI decisions lies.
If AI is going to be in healthcare — and it already is — it is PASNAP’s conviction that frontline caregivers must be at the table and the state must back us up in protecting the privacy and care of all Pennsylvanians. Healthcare workers in PA hospitals need:
Implementation and Ongoing Assessment:
We need to institute AI implementation teams at every healthcare institution to assess, on an ongoing basis, where and for whom AI should be deployed as well as its successes and failures. These teams need to assess, prior to implementation of AI:
- Is AI appropriate in this setting and for these patients?
- How is the system being piloted?
- Is the staff training the system, is the system training the staff -- or is it both?
- What is the system's success rate? And who is caught up in the failure group? Are there systemic ways that the particular AI tool is negatively impacting a certain group?
Training
Caregivers who are being asked to use AI need to be trained on how the AI works in order to be able to assess how to incorporate it into their clinical thinking. Caregivers need to know up front:
- How the system was trained. What population was it trained on?
- Is it a fixed model or can it learn?
- What are the decision steps the AI performs? Or is it just a "black box"? Black bost systems should be avoided when it comes to diagnoses or assessments; it's critical that caregivers understand the basis upon which judgements are being made.
Protection of Clinical Judgment and Clinical Staff
Caregivers need guarantees that AI will support, not replace, clinical judgment – including assurance that they will not be held liable for AI mistakes. Multiple studies have shown that AI is wrong approximately 20% of the time.
- Clinical staff should not be subject to discipline or liability for not following a suggestion from AI, even if that suggestion turns out to be right and clinical staff wrong.
- Clinical staff should also not be subject to discipline or liability for following a suggestion from AI that turns out not to be right.
- AI should not be mandated -- it should be a tool, and there should be a choice to use it or not as the basis of any particular clinical decision.
Challenging and Honing the Tool
We need to encourage frontline caregiving staff at every institution in which AI is deployed to challenge the tool, to override its decisions when they are inappropriate or not in the best interests of the patient, and to teach the tool to be better. Caregivers with years of clinical experience and intuition are either adding to the data sets that AI uses, or the tool – which is wrong approximately 20% of the time – is teaching us.
Patient Privacy and Disclosure
We need protections for patient privacy. At one of our hospitals, AI is used to write case notes by recording entire patient conversations — without patients being fully informed.
Tracking and Surveillance
We need institutions to be transparent about tracking employee behavior with AI and to what end they are doing so. Any time staff are being recorded or tracked in any way, that needs to be disclosed in advance.
Protections for Newer Staff
Newer staff are more likely than experienced staff to follow AI suggestions uncritically, leading to worse outcomes. Those worse outcomes then become ingrained into the system as the system continues to get trained.
- Doctors, nurses, and other clinicians in their first two years of practice should not be using AI for assessment or diagnostic purposes. Newer staff need time to develop the skill set to make clinical judgments on their own, without AI. If they don't, they may fail to develop thse skills or lose the skills they have.