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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 2368 & 2318
103RD GENERAL ASSEMBL Y
5958H.05C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 407, RSMo, by adding thereto one new section relating to artificial
intelligence in mental health, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be
2 known as section 407.3007, to read as follows:
407.3007 . 1. As used in this section, the following terms mean:
2 (1) "Artificial intelligence" or "AI":
3 (a) Any artificial system that performs tasks under varying and unpr edictable
4 cir cumstances without significant human oversight or that can learn fr om experience
5 and improve performance when exposed to data sets;
6 (b) An artificial system developed in computer software , physical hardware, or
7 other computer systems that solves tasks r equiring human-like percep tion, cognition,
8 planning, learning, communication, or physical action;
9 (c) An artificial system designed to think or act like a human, including cognitive
10 ar chitectur es and neural networks;
11 (d) A set of techniques, including machine learning, that is designed to
12 appr oximate a cognitive task; or
13 (e) An artificial system designed to act rationally , including an intelligent
14 softwar e agent or embodied r obot that achieves goals using per ception, planning,
15 r easoning, learning, communicating, decision-making, and acting;
16 (2) "Mental health pro fessional", the same as defined in section 632.005. The
17 term "mental health pr ofessional" shall also include any person licensed in a profes sion
18 r egulated under chapter 337.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 2. Any person or entity that develops or deploys artificial intelligence in the state
20 shall not advertise or rep res ent to the public that the AI is or is able to act as a mental
21 health pr ofessional or is capable of provi ding therapy services, psychotherapy services,
22 or a mental health diagnosis.
23 3. Any violation of this section shall be consider ed an unlawful practice under
24 the Missouri mer chandising practices act under this chapter .
25 4. The attorney general shall enforce the pr ovisions of this section. Any
26 individual may rep ort violations of this section to the attorney general. If the attorney
27 general finds that a violation occurr ed, the attorney general shall commence a civil
28 action in a court of competent jurisdiction. If the court finds that a violation occurr ed,
29 the court may grant damages, civil penalties, injunctive relief, attorney's fees, and any
30 such other r elief the court finds appr opriate. Notwithstanding section 407.100 to the
31 contrary , civil penalties shall be as follows:
32 (1) T en thousand dollars for the first violation; or
33 (2) T wenty thousand dollars for any subsequent violation.
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HCS HBs 2368 & 2318 2