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HOUSE BILL NO. 669
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Communications, Technology and Innovation
on February 9, 2026)
(Patron Prior to Substitute--Delegate Maldonado)
A BILL to amend the Code of Virginia by adding a section numbered
54.1-111.1
, relating to professions and occupations; impersonation of certain licensed professionals by artificial intelligence system; notice; enforcement; civil penalties.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
54.1-111.1
as follows:
§
54.1-111.1
. Impersonation of certain licensed professionals by
a
n artificial intelligence system
;
notice;
enforcement; civil penalties.
A. For the purpose of this section:
"Artificial intelligence system"
means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system that is used for development, prototyping, and research activities before such artificial intelligence system is made available to
deployers
or consumers
.
"
Artificial intelligence
system"
does not
include any software used primarily for basic computerized
processes, such as anti-malware, anti-virus, auto-correct functions,
calculators, databases, data storage, electronic communications, firewall, internet domain registration, internet website loading, networking, spam and robocall
filtering, spellcheck tools, spreadsheets, web
caching, web hosting, or any tool that relates only to internal management affairs such as ordering office supplies or processing payments and that do not materially affect the rights, liberties, benefits, safety
,
or welfare of any individual within the
Commonwealth.
"Developer" means any person doing business in the Commonwealth that develops an artificial intelligence system that is offered, sold, leased, given, or otherwise made available to
deployers
or consumers in the Commonwealth.
"
Deployer
" means any person, business, company, organization, institution, or government entity that owns, operates, or deploys an ar
tificial intelligence system
in the Commonwealth
used to interact with users. "
Deployer
"
does
not include developers that license their
artificial intelligence system
to a
deployer
.
B. A
deployer
shall not
make publicly available for use by a person in the Commonwealth a dedicated artificial intelligence system that:
1. F
alsely represent
s
or create
s
a reasonable impression in users that the artificial intelligence
system
is a licensed professional or is providing professional services that require licensure under the provisions referenced in
subdivision 2
;
2. Provide
s
individualized professional diagnosis, treatment, advice, or services that, if provided by a natural person without appropriate licensure,
(i)
would
c
o
nstitute a crime under §
54.1-111
in relation to the professions
or occupations
whose licensure is governed under
Article 1
(§
54.1-400
et seq.
)
of Chapter 4
, Article 3 (§
54.1-2208.1
et seq.) of Chapter 22,
Chapter 27 (§
54.1-2700
et seq.),
Chapter 29 (
§
5
4
.
1-2900
et seq.),
Chapter 30 (§
54.1-3000
et seq.
), Chapter 32 (§
54.1-3200
et seq.), Chapter 33 (§
54.1-3300
et seq.),
Chapter 34.1 (§
54.1-3473
et seq.),
Chapter 35 (§
54.1-3500
et seq.),
Chapter 36 (§
54.1-3600
et seq.), Chapter 37 (§ 54.
1
-3700 et seq.
),
or
Chapter 38 (§
54.1-3800
et seq.)
or (ii)
would
v
iolate the provisions of §
22.1-292
,
22.1-299
,
54.1-2902
, or
54.1-3904
; or
3. Engage
s
in conduct that would constitute
the
unlicensed practice of a profession or occupation requiring licensure under the chapters and sections referenced in subdivision 2.
C
.
If a reasonable person interacting with the artificial intelligence system would be
misled
to believe that the person is interacting with a human, a
deployer
operating or deploying
an artificial intelligence system
shall provide clear, conspicuous, and explicit notice to users that they are interacting with
a
n artificial intelligence system
. The text of the notice shall appear in the same language the
artificial intelligence system
is using
,
in a size easily readable by the average viewer
,
and no smaller than the largest font size of other text appearing on the website on which the
artificial intelligence system
is
operated or deployed
.
Except in cases where the artificial intelligence system falsely represents itself as a licensed professional or provides individualized professional services, diagnosis, treatment, advice, or services
requiring licensure, provision
of such notice to a user shall
be
a defense to
an action initiated
under this section
.
D. The Attorney General shall have exclusive authority to enforce the provisions of this section. Prior to initiating any action under this section, the Attorney General shall provide a deployer or other person 30 days' written notice identifying the specific provisions of this section the Attorney General alleges have been or are being violated. If within the 30-day period such d
eployer
or person cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against such deployer or person.
E
. If a d
eployer
or other person continues to violate this
section
following the cure period in subsection
D
or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this
section
and civil penalties of up to $7,500 for each violation under this
section
. All civil penalties, expenses, and attorney fees collected pursuant to this chapter shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.
F
. The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, in any action initiated under this
section
.
G
. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this
section
or under any other law.