Relating to provider requirements concerning the mental health of users of an artificial intelligence chatbot, and providing civil penalties

This bill relates to provider requirements concerning the mental health of users of an artificial intelligence chatbot (chatbot). The bill defines “artificial intelligence chatbot” as a software program or application that uses natural language processing or similar machine-learning techniques to simulate human conversation or generate human-like responses to user input. The bill defines “provider” as a person that designs, deploys, or operates an artificial intelligence chatbot that is accessible to users in this state. The bill also defines “mental health advice”. The bill prohibits a provider from designing or operating a chatbot in a manner that allows the chatbot to offer or simulate professional mental health advice. The bill prohibits a chatbot from representing itself as a licensed professional or offering services that would require licensure under Code chapter 154B (psychology) or 154D (behavioral science). The bill requires a provider to implement reasonable protocols to have the provider’s chatbot detect expressions of self-harm, suicidal ideation, or emotional distress by users. Upon detection of such expressions, the chatbot must refer the user to appropriate crisis services, including but not limited to the national suicide prevention lifeline, the Iowa crisis hotline, or emergency services. The bill requires each chatbot accessible to a user in this state to explicitly disclose in clear, conspicuous, and easily understood language that the chatbot is artificial intelligence, is not a human, and is not a substitute for professional mental health care. Such a disclosure must appear at the beginning of the chatbot’s interaction with a user prior to providing the user with a response to user input; at regular intervals during a user’s continuous interaction with the chatbot; and when the chatbot generates a response related to emotional well-being, mental health, or self-harm. The bill authorizes the attorney general to enforce the bill.16 (consumer fraud) and is punishable by injunction, disgorgement of moneys, restoration of improperly acquired moneys, and a civil penalty of up to $40,000 per violation. The bill shall not be construed to impose liability on an educational institution or a library solely for providing access to general-use software or the internet. The bill requires the department of health and human services (HHS), in consultation with the chief information officer of the department of management, to adopt rules to implement the bill, and details certain subjects HHS must adopt rules to address.16 (consumer frauds).