Utah Gov. Cox signs AI mental health chatbot bill into law, a win for transparency
Utah Gov. Spencer Cox, above, signed HB 452, regarding the regulation of AI-driven mental health chatbots, in late March. The new law requires mental health platforms to inform users that they are interacting with an AI-driven machine, not a human therapist.
After garnering near-unanimous support in both the Senate and House, a bill that would establish rules for AI-driven mental health chatbots was signed into law late last month by Utah Gov. Spencer Cox.
The bill, HB 452, contains disclosure requirements meant to remind consumers that they are interacting with an AI-drive machine, not with a real human therapist. The new law requires mental health chatbots to be clearly and conspicuously labeled as AI technology prior to the user engaging with the bot, and again after the user has been logged out for seven days.
The law also prohibits mental health chatbots from doing any targeted advertising based on information provided by users.
In addition, HB 452 prohibits mental health chatbots from doing any targeted advertising based on information provided by users. Platforms using mental health chatbots may not sell or share individually identifiable health information from users in Utah, except for providing the information to a health care provider or health plan—and only with the user’s consent. Any sharing of information with service providers must be in compliance with the rules of the Health Insurance Portability and Accountability Act (HIPAA), a federal law governing privacy of personal information in health care.
strong support in both houses
Sponsored by Rep. Jefferson Moss, House Majority Leader, with second-chamber sponsorship from Sen. Kirk Cullimore, Senate Majority Leader, the bill sailed through both houses with near-unanimous votes.
The House passed the measure 70-0-5, while the Senate approved the bill 28-0-1.
more details about the new law
HB 452 prohibits advertising products or services through AI chatbots, unless it’s clearly marked as an ad, along with a disclosure that a third-party is sponsoring the advertisement.
The Utah Division of Consumer Protection will enforce all violations of the new law, which can result in fines up to $2,500 for each violation, plus disgorgement, attorneys fees, and other remedies.
AI platforms supplying the chatbots can have an affirmative defense to allegations that they’re providing unlicensed mental health services if they take a number of steps, including maintaining documentation that describes the models used in developing the technology, training data used, and compliance with HIPAA, user data collection and sharing practices, and continue efforts to ensure accuracy and safety.
They would also need to maintain a written policy that states the purpose, abilities and limitations of the chatbot; explains the involvement of licensed mental health therapists in the development, ensures clinical best practices are used, among other steps.
