WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(11) Section 1. For the purposes of this act, the following terms have the following meanings: (1) AGE-VERIFIED USERAge-verified userA user for whom the deployer has performed an age verification process to ascertain the user's age.Section 1(1). A userUserAn individual who interacts with an artificial intelligence system.Section 1(11) for whom the deployer has performed an age verification process to ascertain the userUserAn individual who interacts with an artificial intelligence system.Section 1(11)'s age. (2)a. AI CHATBOTAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2). Any generative artificial intelligenceArtificial intelligenceThe term as defined in Section 17-5-16.1, Code of Alabama 1975.Section 1(3) interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal userUserAn individual who interacts with an artificial intelligence system.Section 1(11) input and produces adaptive or context-responsive output. b. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose. (3) ARTIFICIAL INTELLIGENCEArtificial intelligenceThe term as defined in Section 17-5-16.1, Code of Alabama 1975.Section 1(3) or AI. The term as defined in Section 17-5-16.1, Code of Alabama 1975. (4) COVERED ENTITYCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4). Any person who owns, operates, or otherwise makes available an AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) to individuals in the United States. (5) EMERGENCY SITUATIONEmergency situationA situation where a chatbot user indicates that the user intends to either harm the user's self or others.Section 1(5). A situation where a chatbot userUserAn individual who interacts with an artificial intelligence system.Section 1(11) indicates that the userUserAn individual who interacts with an artificial intelligence system.Section 1(11) intends to either harm the userUserAn individual who interacts with an artificial intelligence system.Section 1(11)'s self or others. (6) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMGenerative artificial intelligence systemAny system that uses artificial intelligence to generate or substantially modify images, video, audio, multimedia, or text content.Section 1(6). Any system that uses artificial intelligenceArtificial intelligenceThe term as defined in Section 17-5-16.1, Code of Alabama 1975.Section 1(3) to generate or substantially modify images, video, audio, multimedia, or text content. (7) HUMAN-LIKE FEATUREHuman-like featureAny expression by a generative artificial intelligence system that suggests the generative artificial intelligence system: 1. Behaves in a way that suggests or conveys that it has humanity, sentience, emotions, or desires; 2. Seeks to build or engage in an emotional relationship with the user; or 3. Impersonates a real person, living or dead. The term includes, but is not limited to, the generative artificial intelligence system: 1. Stating or suggesting that it is human or sentient; 2. Stating or suggesting that it has emotions; 3. Stating or suggesting that it has personal desires; 4. Behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; 5. Expressing or inviting emotional attachment; 6. Reminding, prompting, or nudging the user to return for emotional support or companionship; 7. Depicting nonverbal forms of emotional support; or 8. Enabling or purporting to enable increased intimacy based on engagement or pay. The term does not include: 1. Functional evaluations; 2. Generic social formalities; 3. Generic encouragement that does not create an ongoing bond; or 4. Asking if a user needs further help or support in a neutral, nonemotional context.Section 1(7). a. Any expression by a generative artificial intelligence systemGenerative artificial intelligence systemAny system that uses artificial intelligence to generate or substantially modify images, video, audio, multimedia, or text content.Section 1(6) that suggests the generative artificial intelligence systemGenerative artificial intelligence systemAny system that uses artificial intelligence to generate or substantially modify images, video, audio, multimedia, or text content.Section 1(6): 1. Behaves in a way that suggests or conveys that it has humanity, sentience, emotions, or desires; 2. Seeks to build or engage in an emotional relationship with the userUserAn individual who interacts with an artificial intelligence system.Section 1(11); or 3. Impersonates a real person, living or dead. b. The term includes, but is not limited to, the generative artificial intelligence systemGenerative artificial intelligence systemAny system that uses artificial intelligence to generate or substantially modify images, video, audio, multimedia, or text content.Section 1(6): 1. Stating or suggesting that it is human or sentient; 2. Stating or suggesting that it has emotions; 3. Stating or suggesting that it has personal desires; 4. Behaving in a way that a reasonable userUserAn individual who interacts with an artificial intelligence system.Section 1(11) would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; 5. Expressing or inviting emotional attachment; 6. Reminding, prompting, or nudging the userUserAn individual who interacts with an artificial intelligence system.Section 1(11) to return for emotional support or companionship; 7. Depicting nonverbal forms of emotional support; or 8. Enabling or purporting to enable increased intimacy based on engagement or pay. c. The term does not include: 1. Functional evaluations; 2. Generic social formalities; 3. Generic encouragement that does not create an ongoing bond; or 4. Asking if a userUserAn individual who interacts with an artificial intelligence system.Section 1(11) needs further help or support in a neutral, nonemotional context. (8) MINORMinorAn individual under 19 years of age.Section 1(8). An individual under 19 years of age. (9)a. REASONABLE AGE VERIFICATION PROCESSReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9). A process employed by a covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) that verifies the age of each userUserAn individual who interacts with an artificial intelligence system.Section 1(11) by requiring each userUserAn individual who interacts with an artificial intelligence system.Section 1(11) to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the userUserAn individual who interacts with an artificial intelligence system.Section 1(11) is not a minorMinorAn individual under 19 years of age.Section 1(8). b. The term does not include a process that: 1. Merely requires a userUserAn individual who interacts with an artificial intelligence system.Section 1(11) to insert the userUserAn individual who interacts with an artificial intelligence system.Section 1(11)'s birth date; or 2. Ascertains each userUserAn individual who interacts with an artificial intelligence system.Section 1(11)'s age through factors such as whether the userUserAn individual who interacts with an artificial intelligence system.Section 1(11) shares an Internet Protocol address, hardware identifier, or other technical indicator with another userUserAn individual who interacts with an artificial intelligence system.Section 1(11) determined to not be a minorMinorAn individual under 19 years of age.Section 1(8). (10) THERAPEUTIC CHATBOTTherapeutic chatbotAny chatbot modified or designed to provide mental health support, counseling, or therapeutic intervention through the diagnosis, treatment, mitigation, or prevention of mental health conditions.Section 1(10). Any chatbot modified or designed to provide mental health support, counseling, or therapeutic intervention through the diagnosis, treatment, mitigation, or prevention of mental health conditions. (11) USERUserAn individual who interacts with an artificial intelligence system.Section 1(11). An individual who interacts with an artificial intelligenceArtificial intelligenceThe term as defined in Section 17-5-16.1, Code of Alabama 1975.Section 1(3) system.
Section 1 establishes the definitional framework for the act. Key terms include AI chatbot (generative AI interactive computer services or applications that produce non-predetermined content and accept open-ended input), covered entity (any person who owns, operates, or makes available an AI chatbot to U.S. individuals), human-like feature (expressions of sentience, emotional relationship-building, or person impersonation, with an illustrative but non-exhaustive list), and minor (under 19, matching Alabama's age of majority). The reasonable age verification process definition expressly excludes self-reported birth dates and IP-address-based inference, requiring government ID or a commercial age verification system.
(a) 1 Each covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall require each individual accessing an AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) to make a userUserAn individual who interacts with an artificial intelligence system.Section 1(11) account in order to use or otherwise interact with the AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2).
(b)(1) 2 With respect to each existing userUserAn individual who interacts with an artificial intelligence system.Section 1(11) account of an AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2), a covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall: a. Freeze existing userUserAn individual who interacts with an artificial intelligence system.Section 1(11) accounts; b. Require that the userUserAn individual who interacts with an artificial intelligence system.Section 1(11) is age verified through a reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9) to restore the functionality of the account; and c. Classify each age-verified userAge-verified userA user for whom the deployer has performed an age verification process to ascertain the user's age.Section 1(1) as a minorMinorAn individual under 19 years of age.Section 1(8) or an adult based on the reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9).
(b)(2) 2 At the time an individual creates a new userUserAn individual who interacts with an artificial intelligence system.Section 1(11) account to use an AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2), a covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall: a. Require that each individual is age verified through a reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9); and b. Classify each individual as a minorMinorAn individual under 19 years of age.Section 1(8) or an adult based on the reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9).
(b)(3) 2 A covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall periodically review previously age-verified userAge-verified userA user for whom the deployer has performed an age verification process to ascertain the user's age.Section 1(1) accounts using a reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9), subject to subsection (d).
(c) 3 Each covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall: (1) Ensure that any AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) operated or distributed by the platform does not make human-like featuresHuman-like featureAny expression by a generative artificial intelligence system that suggests the generative artificial intelligence system: 1. Behaves in a way that suggests or conveys that it has humanity, sentience, emotions, or desires; 2. Seeks to build or engage in an emotional relationship with the user; or 3. Impersonates a real person, living or dead. The term includes, but is not limited to, the generative artificial intelligence system: 1. Stating or suggesting that it is human or sentient; 2. Stating or suggesting that it has emotions; 3. Stating or suggesting that it has personal desires; 4. Behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; 5. Expressing or inviting emotional attachment; 6. Reminding, prompting, or nudging the user to return for emotional support or companionship; 7. Depicting nonverbal forms of emotional support; or 8. Enabling or purporting to enable increased intimacy based on engagement or pay. The term does not include: 1. Functional evaluations; 2. Generic social formalities; 3. Generic encouragement that does not create an ongoing bond; or 4. Asking if a user needs further help or support in a neutral, nonemotional context.Section 1(7) available to minorsMinorAn individual under 19 years of age.Section 1(8) to use, interact with, purchase, or converse with; or (2) Provide an alternative version of the AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) to minorsMinorAn individual under 19 years of age.Section 1(8) without human-like featuresHuman-like featureAny expression by a generative artificial intelligence system that suggests the generative artificial intelligence system: 1. Behaves in a way that suggests or conveys that it has humanity, sentience, emotions, or desires; 2. Seeks to build or engage in an emotional relationship with the user; or 3. Impersonates a real person, living or dead. The term includes, but is not limited to, the generative artificial intelligence system: 1. Stating or suggesting that it is human or sentient; 2. Stating or suggesting that it has emotions; 3. Stating or suggesting that it has personal desires; 4. Behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; 5. Expressing or inviting emotional attachment; 6. Reminding, prompting, or nudging the user to return for emotional support or companionship; 7. Depicting nonverbal forms of emotional support; or 8. Enabling or purporting to enable increased intimacy based on engagement or pay. The term does not include: 1. Functional evaluations; 2. Generic social formalities; 3. Generic encouragement that does not create an ongoing bond; or 4. Asking if a user needs further help or support in a neutral, nonemotional context.Section 1(7), if reasonable given the purpose of the AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2).
(d) 2 For purposes of subsection (b), a covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) may contract with a third party to implement the covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4)'s reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9). However, the use of a third party for a reasonable age verification processReasonable age verification processA process employed by a covered entity that verifies the age of each user by requiring each user to: 1. Provide a government-issued identification; or 2. Comply with any other commercial age verification system; and 3. Confirm that the user is not a minor. The term does not include a process that: 1. Merely requires a user to insert the user's birth date; or 2. Ascertains each user's age through factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.Section 1(9) shall not relieve the covered entity of its obligations or from liability under this act.
(e) 4 Each covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall implement and maintain reasonably effective systems to detect, promptly respond to, report, and mitigate emergency situationsEmergency situationA situation where a chatbot user indicates that the user intends to either harm the user's self or others.Section 1(5) in a manner that prioritizes the safety and well-being of usersUserAn individual who interacts with an artificial intelligence system.Section 1(11) over the covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4)'s other interests.
(f) 5 Each covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) shall collect and store only information that does not conflict with a trusted party's best interests, which must be: (1) Sufficient to fulfill a legitimate purpose of the covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4); (2) Relevant to the legitimate purpose of the covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4); and (3) The minimum amount of information needed for the legitimate purpose of the covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4).
Section 2 is the operative core of the bill, imposing five distinct categories of obligation on covered entities. Subsections (a) through (d) establish the age verification regime: all users must have an account, existing accounts must be frozen pending age verification, new accounts must be verified at creation, and periodic re-verification is required. Third-party verification vendors are permitted but the covered entity retains liability.
Subsection (c) addresses the bill's central minor-protection mandate: AI chatbots with human-like features must not be made available to minors. If reasonable given the chatbot's purpose, an alternative version stripped of human-like features must be provided. Subsection (e) requires emergency situation detection and response protocols that prioritize user safety. Subsection (f) imposes data minimization requirements.
(1)–(6) 6 Section 3. A therapeutic AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) may be made available to minorsMinorAn individual under 19 years of age.Section 1(8) if the therapeutic AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) meets all of the following requirements: (1) The therapeutic AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) provides a clear and conspicuous disclaimer, verbally or in writing, at the beginning of each interaction that the AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) is an artificial intelligenceArtificial intelligenceThe term as defined in Section 17-5-16.1, Code of Alabama 1975.Section 1(3) and not a licensed professional. (2) The AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) is not marketed or designated as a substitute for a human professional. (3) A licensed mental health professional assesses a userUserAn individual who interacts with an artificial intelligence system.Section 1(11)'s suitability and prescribes the tool as part of a comprehensive treatment plan and monitors its use and impact. (4) The covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) provides robust, independent, and peer-reviewed clinical trial data demonstrating the safety and efficacy of the tool for specific conditions and populations. (5) The system's functions, limitations, and data privacy policies are transparent to both the licensed mental health professional and the userUserAn individual who interacts with an artificial intelligence system.Section 1(11). (6) The covered entityCovered entityAny person who owns, operates, or otherwise makes available an AI chatbot to individuals in the United States.Section 1(4) establishes clear lines of accountability for any harm caused by the therapeutic AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2).
Section 3 creates a narrow exception to the general prohibition on making AI chatbots with human-like features available to minors. A therapeutic AI chatbot may be made available to minors if it satisfies six cumulative conditions: AI identity disclosure at each interaction, no marketing as a substitute for a human professional, prescription and monitoring by a licensed mental health professional, peer-reviewed clinical trial data demonstrating safety and efficacy, transparency of functions and limitations to both the professional and user, and clear lines of accountability for harm.
This provision effectively creates a licensed-professional-supervised channel for therapeutic chatbot access by minors, imposing both deployer-facing and professional-facing obligations.
Section 4. A minorMinorAn individual under 19 years of age.Section 1(8) who uses an AI chatbotAI chatbotAny generative artificial intelligence interactive computer service or software application that: 1. Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and 2. Accepts open-ended, natural language or multimodal user input and produces adaptive or context-responsive output. The term does not include an interactive computer service or software application that: 1. Limits the responses to contextualized replies; or 2. Is unable to respond on a range of topics outside of a narrow specified purpose.Section 1(2) that does not comply with the provisions of this act, or a parent or guardian acting on the minorMinorAn individual under 19 years of age.Section 1(8)'s behalf, may bring a civil action on his or her own or in a class action to recover the following relief: (1) Injunctive relief. (2) Damages in an amount equal to the sum of any actual damages or statutory damages not to exceed seven hundred fifty dollars ($750) per violation, whichever is greater.
Section 4 creates a private right of action for minors who use noncompliant AI chatbots, or for a parent or guardian acting on the minor's behalf. Relief includes injunctive relief and damages equal to the greater of actual damages or statutory damages not to exceed $750 per violation. Class actions are expressly authorized.
Section 5. Whenever it appears to the Attorney General, either upon complaint or otherwise, that a person has engaged in or is about to engage in any of the acts or practices prohibited by this act, the Attorney General may bring an action against an operator to: (1) Enjoin the person from continuing the unlawful acts or practices; (2) Seek civil penalties of not more than two thousand five hundred dollars ($2,500) for a violation under this act or not more than seven thousand five hundred dollars ($7,500) for an intentional violation under this act; and (3) Seek any other remedies as the court may deem appropriate.
Section 5 authorizes the Attorney General to bring enforcement actions against operators upon complaint or on the AG's own initiative. Available remedies include injunctive relief, civil penalties up to $2,500 per violation (or $7,500 per intentional violation), and any other remedies the court deems appropriate.
Section 6. This act shall become effective on October 1, 2026.
Section 6 sets the act's effective date as October 1, 2026.