An Act providing for the use of mental health chatbots and artificial intelligence by mental health therapists; imposing duties on the Bureau of Professional and Occupational Affairs; and imposing a penalty.

PRINTER'S NO. 2700
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2100
Session of
2025
INTRODUCED BY BIZZARRO, O'MARA, FREEMAN, RIVERA, VENKAT AND
HANBIDGE, DECEMBER 12, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
DECEMBER 12, 2025
AN ACT
Providing for the use of mental health chatbots and artificial
intelligence by mental health therapists; imposing duties on
the Bureau of Professional and Occupational Affairs; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Protecting
Patients Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative support." Tasks performed to assist a
mental health therapist in the delivery of therapy or
psychotherapy services that do not involve confidential
communications. The term includes:
(1) Managing appointment scheduling and reminders.
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(2) Processing billing and insurance claims.
"Artificial intelligence." A machine-based system that makes
predictions, recommendations or decisions influencing real or
virtual environments.
"Artificial intelligence technology." A computer system,
application or other product that uses or incorporates one or
more forms of artificial intelligence.
"Confidential communications." Information obtained by an
individual licensed under the act of March 23, 1972 (P.L.136,
No.52), known as the Professional Psychologists Practice Act,
including information obtained by the individual's examination
of the client or patient, which is:
(1) the following:
(i) transmitted between the client or patient and an
individual in the course of their professional
relationship; or
(ii) transmitted among the client or patient, an
individual and individuals who are participating in the
diagnosis or treatment under the direction of an
individual, including members of the client's or
patient's family; and
(2) made in confidence, for the diagnosis or treatment
of the client or patient by the individual and by a means not
intended to be disclosed to third persons other than those
individuals:
(i) present to further the interest of the client or
patient in the consultation, examination or interview;
(ii) reasonably necessary for the transmission of
the communications; or
(iii) participating in the diagnosis and treatment
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of the client or patient under the direction of the
mental health therapist.
"Generative artificial intelligence." An artificial
intelligence technology that:
(1) is trained on data;
(2) is designed to simulate human conversation with a
consumer through one or more of the following:
(i) text;
(ii) audio; or
(iii) visual communication; and
(3) generates nonscripted outputs similar to outputs
created by a human with limited or no human oversight.
"Health care provider." As defined in 45 CFR 160.103
(relating to definitions).
"Health plan." As defined in 45 CFR 160.103.
"Individually identifiable health information." Information,
whether oral or recorded in any form or medium, that relates to
the physical or mental health or condition of an individual.
"Mental health chatbot."
(1) An artificial intelligence technology that:
(i) uses generative artificial intelligence to
engage in interactive conversations with a user similar
to the confidential communications that an individual
would have with a mental health therapist; and
(ii) a supplier represents, or a reasonable person
would believe, can or will provide mental health therapy
or help a user manage or treat mental health conditions.
(2) The term does not include artificial intelligence
technology that only:
(i) provides scripted output, such as guided
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meditations or mindfulness exercises; or
(ii) analyzes an individual's input for the purpose
of connecting the individual with a mental health
therapist.
"Mental health therapist." An individual who is engaging in
the practice of psychology as defined in the Professional
Psychologists Practice Act.
"Pennsylvania user." An individual located in this
Commonwealth at the time the individual accesses or uses a
mental health chatbot.
"Supplier." A seller, lessor, assignor, offeror, broker or
other person that regularly solicits, engages in or enforces
consumer transactions, whether or not the person deals directly
with consumers.
"Therapy." The treatment of mental conditions by verbal or
written communication and interaction.
"User input." Content provided to a mental health chatbot by
a Pennsylvania user.
Section 3. Protection of personal information.
(a) Prohibition.--A supplier of a mental health chatbot may
not sell to or share with a third party:
(1) individually identifiable health information of a
Pennsylvania user; or
(2) user input of a Pennsylvania user.
(b) Applicability.--Subsection (a) does not apply to
individually identifiable health information:
(1) requested by a health care provider with the consent
of the Pennsylvania user;
(2) provided to a health plan of a Pennsylvania user
upon request of the Pennsylvania user; or
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(3) shared in compliance with subsection (c).
(c) Exception.--A supplier of a mental health chatbot may
share individually identifiable health information necessary to
ensure the effective functionality of the mental health chatbot
with another party with which the supplier has a contract
related to that functionality. When sharing information under
this subsection, the supplier and the other entity shall comply
with all applicable privacy and security provisions of 45 CFR
Pts. 160 (relating to general administrative requirements) and
164 Subpts. A (relating to general provisions) and E (relating
to privacy of individually identifiable health information), as
if the supplier were a covered entity and the other entity were
a business associate, as those terms are defined in 45 CFR
160.103 (relating to definitions).
Section 4. Advertising.
(a) Prohibitions.--
(1) A supplier of a mental health chatbot may not use a
mental health chatbot to advertise a specific product or
service to a Pennsylvania user in a conversation between the
Pennsylvania user and the mental health chatbot unless the
mental health chatbot:
(i) Clearly and conspicuously identifies the
advertisement as an advertisement.
(ii) Clearly and conspicuously discloses to the
Pennsylvania user any:
(A) sponsorship;
(B) business affiliation; or
(C) agreement that the supplier has with a third
party to promote, advertise or recommend the product
or service.
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(2) A supplier of a mental health chatbot may not use a
Pennsylvania user's input to:
(i) determine whether to display an advertisement
for a product or service to the Pennsylvania user, unless
the advertisement is for the mental health chatbot
itself;
(ii) determine a product, service or category of
product or service, to advertise to the Pennsylvania
user; or
(iii) customize how an advertisement is presented to
the Pennsylvania user.
(b) Construction.--This section does not prohibit a mental
health chatbot from recommending that a Pennsylvania user seek
counseling, therapy or other assistance from a mental health
therapist, including a specific mental health therapist.
Section 5. Disclosures.
(a) Artificial intelligence.--A supplier of a mental health
chatbot shall cause a mental health chatbot to clearly and
conspicuously disclose to a Pennsylvania user that the mental
health chatbot is an artificial intelligence technology and not
a human.
(b) Process.--The disclosure under subsection (a) shall be
made:
(1) Before the Pennsylvania user may access the features
of the mental health chatbot.
(2) At the beginning of any interaction with the
Pennsylvania user if the Pennsylvania user has not accessed
the mental health chatbot within the previous seven days.
(3) Any time a Pennsylvania user asks or otherwise
prompts the mental health chatbot about whether artificial
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intelligence is being used.
Section 6. Prohibition on unauthorized therapy services.
(a) Requirements.--An individual, corporation, supplier or
entity may not provide, advertise or otherwise offer therapy
services, including through the use of Internet-based artificial
intelligence, to the public in this Commonwealth unless the
therapy or psychotherapy services are conducted by an individual
who is a mental health therapist.
(b) Use of artificial intelligence.--A mental health
therapist may only use artificial intelligence for
administrative support. A mental health therapist may not allow
artificial intelligence to do any of the following:
(1) make independent therapeutic decisions;
(2) directly interact with clients in any form of
therapeutic communication;
(3) generate therapeutic recommendations or treatment
plans without review and approval by the mental health
therapist; or
(4) detect emotions or mental states.
Section 7. Disclosure of records and communications.
All records kept by a mental health therapist and all
communications between a patient and a mental health therapist
shall be confidential and shall not be disclosed except as
required under the act of July 9, 1976 (P.L.817, No.143), known
as the Mental Health Procedures Act.
Section 8. Enforcement and penalties.
A violation of this act shall be subject to section 11 of the
act of March 23, 1972 (P.L.136, No.52), known as the
Professional Psychologists Practice Act.
Section 9. Applicability.
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This act shall apply to the extent to which the use of
artificial intelligence is not preempted by Federal law.
Section 10. Effective date.
This act shall take effect in 60 days.
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