Bill > SB5

This bill establishes regulations for artificial intelligence, or AI, technologies used as mental health chatbots, which are defined as AI systems designed to simulate human conversation and provide mental health therapy or help manage mental health conditions, but do not include simple scripted exercises or tools that only connect users to human providers. Operators of these chatbots must clearly disclose to users that they are interacting with AI and not a human, especially at the start of any session or if prompted. The bill mandates that operators have protocols to handle users expressing suicidal or harmful thoughts, including referrals to crisis services. It also prohibits operators from selling or sharing a user's identifiable health information or input with third parties, with limited exceptions for healthcare providers or health plans with user consent, and requires compliance with federal privacy laws when sharing information. Furthermore, operators cannot use user input to determine or customize advertisements, unless the advertisement is for the chatbot itself, and any advertisements must be clearly identified as such, with any sponsorships disclosed. The bill allows chatbots to recommend seeking professional help from licensed healthcare providers. Enforcement authority is granted to the attorney general, who can bring civil actions for violations, with potential fines of up to $10,000 per violation, and a process for operators to cure violations before legal action is taken, though repeated violations can still lead to enforcement.

Health and Social Services

https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=SB5&sbi=y