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SLS 26RS-53 ORIGINAL
2026 Regular Session
SENATE BILL NO. 5
BY SENATOR HENSGENS
MENTAL HEALTH. Provides for the regulation of mental health chatbots that use artificial
intelligence technology. (gov sig)
1 AN ACT
2 To enact Part I-B of Chapter 1 of Title 28, to be comprised of R.S. 28:16 and 17, relative to
3 mental health chatbots; to provide for definitions; to provide for disclosures; to
4 require certain protocols; to provide for the use of personal information; to provide
5 for advertisements; to provide for enforcement by the attorney general; to provide
6 for civil penalties; to provide for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part I-B of Chapter 1 of Title 28, comprised of R.S. 28:16 and 17, is
9 hereby enacted to read as follows:
10 PART I-B. ARTIFICIAL INTELLIGENCE APPLICATIONS
11 RELATING TO MENTAL HEALTH
12 §16. Protections for users of mental health chatbots
13 A. As used in this Part, the following definitions shall apply:
14 (1)"Artificial intelligence" means an artificial system developed in
15 computer software, physical hardware, or other context that solves tasks
16 requiring human-like perception, cognition, planning, learning, communication,
17 or physical action.
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words in boldface type and underscored are additions.
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SLS 26RS-53 ORIGINAL
1 (2)(a) "Mental health chatbot" means an artificial intelligence
2 technology that:
3 (i) Uses a system that is trained on data and is designed to simulate
4 human conversation with a consumer through text, audio, or visual
5 communication.
6 (ii) Generates unscripted outputs similar to outputs created by a human,
7 with limited or no human oversight.
8 (iii) Engages in interactive conversations with a user of the mental health
9 chatbot similar to the confidential communications that an individual would
10 have with a licensed mental health provider.
11 (iv) Represents to a user or causes a reasonable person to believe that it
12 can or will provide mental health therapy or help a user manage or treat mental
13 health conditions.
14 (b)"Mental health chatbot" does not include artificial intelligence
15 technology that only provides scripted output, such as guided meditations or
16 mindfulness exercises, or analyzes an individual's input for the purpose of
17 connecting the individual with a human mental health provider.
18 (3) "Operator" means a person who makes a mental health chatbot
19 platform available to a user.
20 (4)"User" means an individual located in Louisiana at the time the
21 individual accesses or uses a mental health chatbot.
22 B. An operator of a mental health chatbot shall cause the chatbot to
23 clearly and conspicuously disclose to a user that the chatbot is an artificial
24 intelligence technology and not a human. The disclosure shall be made:
25 (1) Before the user may access the features of the mental health chatbot.
26 (2) At the beginning of any interaction with the user if the user has not
27 accessed the mental health chatbot within the previous seven days.
28 (3) Any time a user asks or otherwise prompts the mental health chatbot
29 about whether artificial intelligence is being used.
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words in boldface type and underscored are additions.
SB NO. 5
SLS 26RS-53 ORIGINAL
1 C. An operator of a mental health chatbot shall have protocols in place
2 to address possible suicidal ideation, self-harm, or physical harm to others
3 expressed by the user, including referral to a crisis service provider such as a
4 suicide hotline.
5 D.(1) An operator of a mental health chatbot may not sell to or share
6 with any third party any individually identifiable health information of a user
7 or the user's input. This Subsection shall not apply to individually identifiable
8 health information that is requested by a healthcare provider with the consent
9 of the user, provided to a health plan of a user upon request of the user, or
10 shared to ensure the effective functionality of the mental health chatbot with
11 another party with which the operator has a contract related to such
12 functionality.
13 (2) When sharing information pursuant to this Subsection, the operator
14 and the other entity shall comply with all applicable privacy and security
15 provisions of 45 CFR Part 160 and 45 CFR Part 164, Subparts A and E, as if the
16 operator were a covered entity and the other entity were a business associate,
17 as such terms are defined in 45 CFR 160.103.
18 E. An operator may not use a mental health chatbot to advertise a
19 specific product or service to a user in a conversation between the user and the
20 mental health chatbot unless the chatbot clearly and conspicuously identifies the
21 advertisement as an advertisement and discloses to the user any sponsorship,
22 business affiliation, or agreement that the operator has with a third party to
23 promote, advertise, or recommend the product or service.
24 F. An operator of a mental health chatbot may not use a user's input to:
25 (1) Determine whether to display an advertisement for a product or
26 service to the user, unless the advertisement is for the mental health chatbot
27 itself.
28 (2) Determine a product, service, or category of product or service, to
29 advertise to the user.
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words in boldface type and underscored are additions.
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SLS 26RS-53 ORIGINAL
1 (3) Customize how an advertisement is presented to the user.
2 G. The provisions of this Section shall not prohibit a mental health
3 chatbot from recommending that a user seek counseling, therapy, or other
4 assistance from a licensed healthcare professional.
5 §17. Violations; enforcement authority
6 A. The attorney general may bring a civil action to enforce any violations
7 of this Part.
8 B. An operator that violates the provisions of this Part shall be subject
9 to a civil fine of up to ten thousand dollars per violation.
10 C.(1) At least forty-five days before the day on which the attorney
11 general initiates an enforcement action against an operator who is subject to the
12 requirements of this Part, the attorney general shall provide the operator with
13 a written notice that identifies each alleged violation and an explanation of the
14 basis for each allegation.
15 (2) Except as provided in Paragraph (3) of this Subsection, the attorney
16 general shall not initiate an action if the operator cures the notice violation
17 within forty-five days after the date on which the operator receives the notice
18 by providing the attorney general with a written statement indicating that the
19 violation is cured and no further violations will occur.
20 (3) The attorney general may initiate a civil action against an operator
21 who does either of the following:
22 (a) Fails to cure a violation after receiving the written notice provided for
23 in Paragraph (1) of this Subsection.
24 (b) Commits another violation of the same provision after curing a
25 violation and providing a written statement in accordance with Paragraph (2)
26 of this Subsection.
27 (4) If a court of competent jurisdiction grants judgment or injunctive
28 relief to the attorney general, the court shall award the attorney general
29 reasonable attorney fees, court costs, and investigative costs.
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words in boldface type and underscored are additions.
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SLS 26RS-53 ORIGINAL
1 (5) A person who violates an administrative order or court order issued
2 for a violation of this Part shall be subject to a civil penalty of not more than
3 five thousand dollars for each violation. A civil penalty in accordance with this
4 Section may be imposed in any civil action brought by the attorney general.
5 (6) All monies received from the payment of a fine or civil penalty
6 imposed and collected pursuant to the provisions of this Section shall be used
7 by the attorney general for consumer protection enforcement efforts or to
8 promote consumer protection and education.
9 Section 2. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, and digest do not constitute part of the law or proof
or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
SB 5 Original 2026 Regular Session Hensgens
Proposed law defines "artificial intelligence", "mental health chatbot", "operator", and
"user".
Proposed law requires an operator of a mental health chatbot to disclose to a user that the
chatbot is an artificial intelligence technology and not a human at certain intervals.
Proposed law requires an operator of a mental health chatbot to have protocols in place to
address possible suicidal ideation, self-harm, or physical harm to others expressed by the
user.
Proposed law prohibits an operator of a mental health chatbot from selling or sharing
individually identifiable health information of a user or the user's input with any third party,
except as authorized by proposed law.
Proposed law prohibits an operator from using a mental health chatbot to advertise a specific
product or service unless the chatbot clearly and conspicuously identifies the advertisement
as an advertisement and discloses certain information to the user.
Proposed law prohibits using the user's input to tailor advertisements to the user.
Proposed law authorizes the attorney general to bring a civil action against an operator for
violations of proposed law.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 5
SLS 26RS-53 ORIGINAL
Proposed law provides for a civil fine of up to $10,000 per violation.
Proposed law provides for processes for the attorney general to initiate and pursue civil
action against an operator.
Proposed law provides for the disposition of funds collected by the attorney general pursuant
to proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 28:16 and 17)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.