SF 2415 (LSB 6724XS (5) 91)

SENATE FILE 2415

BY  BENNETT

A BILL FOR

An Act relating to provider requirements concerning the mental health of users of an artificial intelligence chatbot, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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