Bill > SB168

This bill establishes regulations for the use of chatbots by minors, defining key terms like "AI-companion" (a chatbot designed for emotional bonds), "chatbot" (a program simulating conversation), "deployer" (the operator or distributor of a chatbot), and "human-like feature" (characteristics that make an AI seem sentient or capable of emotional relationships). It mandates that deployers must implement age verification for chatbots marketed as AI-companions or possessing human-like features, and that any such chatbot must have these features removed before being made available to minors. For therapy chatbots, which are designed to offer mental health support, the bill requires clear disclaimers that they are not licensed professionals, that a licensed mental health professional must assess, prescribe, and monitor their use as part of a treatment plan, and that the chatbot's developer must provide clinical trial data on its safety and effectiveness. The bill also requires deployers to have systems in place to handle emergency situations where a user indicates they are a danger to themselves or others, and to collect user information only when necessary for a legitimate purpose. Violations of these provisions can result in civil penalties of up to $5,000 per incident per affected minor, with the Attorney General responsible for enforcement after providing written notice and an opportunity for the deployer to correct the violation.

Justice

https://sdlegislature.gov/#/Session/Bill/26549