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Senate
File
2415
-
Introduced
SENATE
FILE
2415
BY
BENNETT
A
BILL
FOR
An
Act
relating
to
provider
requirements
concerning
the
mental
1
health
of
users
of
an
artificial
intelligence
chatbot,
and
2
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
554J.1
Definitions.
1
For
purposes
of
this
chapter:
2
1.
“Artificial
intelligence
chatbot”
means
a
software
3
program
or
application
that
uses
natural
language
processing
4
or
similar
machine-learning
techniques
to
simulate
human
5
conversation
or
generate
human-like
responses
to
user
input.
6
2.
“Mental
health
advice”
means
a
statement,
recommendation,
7
or
response
purporting
to
diagnose,
treat,
mitigate,
or
address
8
emotional
distress,
a
psychological
disorder,
self-harm,
9
suicidal
ideation,
or
another
mental
health
concern.
10
3.
“Provider”
means
a
person
that
designs,
deploys,
or
11
operates
an
artificial
intelligence
chatbot
that
is
accessible
12
to
users
in
this
state.
13
Sec.
2.
NEW
SECTION
.
554J.2
Prohibited
conduct
——
crisis
14
intervention
required.
15
1.
A
provider
shall
not
design
or
operate
an
artificial
16
intelligence
chatbot
in
a
manner
that
allows
the
artificial
17
intelligence
chatbot
to
offer
or
simulate
professional
mental
18
health
advice.
19
2.
An
artificial
intelligence
chatbot
shall
not
represent
20
itself
as
a
licensed
professional
or
offer
services
that
would
21
require
licensure
under
chapter
154B
or
154D.
22
3.
A
provider
shall
implement
reasonable
protocols
to
23
have
the
provider’s
artificial
intelligence
chatbot
detect
24
expressions
of
self-harm,
suicidal
ideation,
or
emotional
25
distress
by
users.
Upon
detection
of
such
expressions,
26
the
artificial
intelligence
chatbot
shall
refer
the
user
to
27
appropriate
crisis
services,
including
but
not
limited
to
the
28
national
suicide
prevention
lifeline,
the
Iowa
crisis
hotline,
29
or
emergency
services.
30
Sec.
3.
NEW
SECTION
.
554J.3
Required
disclosures
and
31
disclaimers.
32
1.
Each
artificial
intelligence
chatbot
accessible
to
33
a
user
in
this
state
shall
explicitly
disclose
in
clear,
34
conspicuous,
and
easily
understood
language
that
the
artificial
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intelligence
chatbot
is
artificial
intelligence,
is
not
a
1
human,
and
is
not
a
substitute
for
professional
mental
health
2
care.
3
2.
A
disclosure
required
under
this
section
shall
appear
at
4
all
of
the
following
times:
5
a.
At
the
beginning
of
the
artificial
intelligence
chatbot’s
6
interaction
with
a
user
prior
to
providing
the
user
with
a
7
response
to
user
input.
8
b.
At
regular
intervals
during
a
user’s
continuous
9
interaction
with
the
artificial
intelligence
chatbot.
10
c.
When
the
artificial
intelligence
chatbot
generates
a
11
response
related
to
emotional
well-being,
mental
health,
or
12
self-harm.
13
Sec.
4.
NEW
SECTION
.
554J.4
Enforcement
and
penalties.
14
1.
The
attorney
general
shall
have
authority
to
enforce
this
15
chapter.
16
2.
A
violation
of
this
chapter
is
an
unfair
practice
under
17
section
714.16.
18
Sec.
5.
NEW
SECTION
.
554J.5
Limitations.
19
This
chapter
shall
not
be
construed
to
impose
liability
on
20
an
educational
institution
or
a
library
solely
for
providing
21
access
to
general-use
software
or
the
internet.
22
Sec.
6.
NEW
SECTION
.
554J.6
Rulemaking
authority.
23
The
department
of
health
and
human
services,
in
consultation
24
with
the
chief
information
officer
of
the
department
of
25
management,
shall
adopt
rules
to
implement
this
chapter.
Rules
26
shall
include
but
not
be
limited
to
all
of
the
following:
27
1.
Standards
for
detection
protocols
for
self-harm,
28
suicidal
ideation,
and
emotional
distress.
29
2.
Acceptable
formats
for
providing
disclosures
under
30
section
554J.3.
31
3.
Safe
use
guidelines
for
artificial
intelligence
chatbot
32
technologies.
33
Sec.
7.
Section
714.16,
subsection
2,
Code
2026,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
t.
It
is
an
unlawful
practice
for
a
person
1
to
violate
chapter
554J.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
provider
requirements
concerning
the
6
mental
health
of
users
of
an
artificial
intelligence
chatbot
7
(chatbot).
8
The
bill
defines
“artificial
intelligence
chatbot”
as
a
9
software
program
or
application
that
uses
natural
language
10
processing
or
similar
machine-learning
techniques
to
simulate
11
human
conversation
or
generate
human-like
responses
to
user
12
input.
13
The
bill
defines
“provider”
as
a
person
that
designs,
14
deploys,
or
operates
an
artificial
intelligence
chatbot
that
is
15
accessible
to
users
in
this
state.
16
The
bill
also
defines
“mental
health
advice”.
17
The
bill
prohibits
a
provider
from
designing
or
operating
18
a
chatbot
in
a
manner
that
allows
the
chatbot
to
offer
or
19
simulate
professional
mental
health
advice.
20
The
bill
prohibits
a
chatbot
from
representing
itself
21
as
a
licensed
professional
or
offering
services
that
would
22
require
licensure
under
Code
chapter
154B
(psychology)
or
154D
23
(behavioral
science).
24
The
bill
requires
a
provider
to
implement
reasonable
25
protocols
to
have
the
provider’s
chatbot
detect
expressions
of
26
self-harm,
suicidal
ideation,
or
emotional
distress
by
users.
27
Upon
detection
of
such
expressions,
the
chatbot
must
refer
the
28
user
to
appropriate
crisis
services,
including
but
not
limited
29
to
the
national
suicide
prevention
lifeline,
the
Iowa
crisis
30
hotline,
or
emergency
services.
31
The
bill
requires
each
chatbot
accessible
to
a
user
in
32
this
state
to
explicitly
disclose
in
clear,
conspicuous,
and
33
easily
understood
language
that
the
chatbot
is
artificial
34
intelligence,
is
not
a
human,
and
is
not
a
substitute
for
35
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2415
professional
mental
health
care.
Such
a
disclosure
must
appear
1
at
the
beginning
of
the
chatbot’s
interaction
with
a
user
prior
2
to
providing
the
user
with
a
response
to
user
input;
at
regular
3
intervals
during
a
user’s
continuous
interaction
with
the
4
chatbot;
and
when
the
chatbot
generates
a
response
related
to
5
emotional
well-being,
mental
health,
or
self-harm.
6
The
bill
authorizes
the
attorney
general
to
enforce
the
7
bill.
A
violation
of
the
bill
is
an
unfair
practice
under
8
Code
section
714.16
(consumer
fraud)
and
is
punishable
by
9
injunction,
disgorgement
of
moneys,
restoration
of
improperly
10
acquired
moneys,
and
a
civil
penalty
of
up
to
$40,000
per
11
violation.
12
The
bill
shall
not
be
construed
to
impose
liability
on
13
an
educational
institution
or
a
library
solely
for
providing
14
access
to
general-use
software
or
the
internet.
15
The
bill
requires
the
department
of
health
and
human
16
services
(HHS),
in
consultation
with
the
chief
information
17
officer
of
the
department
of
management,
to
adopt
rules
to
18
implement
the
bill,
and
details
certain
subjects
HHS
must
adopt
19
rules
to
address.
20
The
bill
makes
a
conforming
change
to
Code
section
714.16
21
(consumer
frauds).
22
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