Defined terms related to AI, mental health, research, health and personal information.
Bill establishes protections for users of mental health chatbots that use AI technology.
Restricts suppliers of AI chatbots from selling/sharing certain health or user data with any 3rd party, may share individually identifiable health data for chatbot functionality.
Supplier and the other entity must comply with privacy and security provisions of 45 CFR 160 and 45 CFR 164, Subparts A and E, as if the supplier were a covered entity.
Advertising and Disclosures
Suppliers may not use the chatbot to advertise in a conversation with user or chatbot.
Must clearly state that it is an advertisement, sponsorship or a business affiliation.
May not use user data to determine advertisement unless for mental health services.
Supplier must cause the chatbot to disclose that it is AI technology and not a human.
Disclosure must be made before the user access the features of the mental health chatbot, or at beginning of interaction between chatbot and user longer than 7 days.
Violations may result in injunction, disgorgement. $2.5k fine per violation, court fees.
Additionally, court may impose a civil penalty of no more than $5k for each violation.
Affirmative Defense
Allows affirmative defense for chatbot suppliers who show creation, maintenance and implementation of certain policies in writing, and describe compliance procedures.
The proposed bill additionally addressed the procedure to file a policy with UTA CNS.
Such affirmative defense applies only in administrative/civil action alleging a violation of Subsection UTA LEG 58-1-5-501(1), or Subsection UTA LEG 58-1-5-501(2).
Legislative History
On Feb. 10, 2025, bill introduced in House; on Feb. 27, 2025, bill passed in House.
On Feb. 28, 2025, bill delivered to Senate; on Mar. 5, 2025, bill was passed in Senate.
On Mar. 6, 2025, bill was returned to House; on Mar. 6, 2025, draft bill was enrolled.
Effectiveness
If finalized, act becomes effective May 7, 2025.
Mar. 25, 2025 UTA LEG Governor Approval
On Mar. 25, 2025, UTA LEG governor approved bill HB 452 regarding AI chatbot use.
