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.
A As used in this Part, the following definitions shall apply: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.R.S. 28:16(A)(1)" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (2)(a) "Mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.R.S. 28:16(A)(1) technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) or causes a reasonable person to believe that it can or will provide mental health therapy or help a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) manage or treat mental health conditions. (b) "Mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2)" does not include artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.R.S. 28:16(A)(1) technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider. (3) "OperatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3)" means a person who makes a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) platform available to a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4). (4) "UserUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4)" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2).
B 1 An operator of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) shall cause the chatbot to clearly and conspicuously disclose to a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) that the chatbot is an artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.R.S. 28:16(A)(1) technology and not a human. The disclosure shall be made: (1) Before the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) may access the features of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2). (2) At the beginning of any interaction with the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) if the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) has not accessed the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) within the previous seven days. (3) Any time a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) asks or otherwise prompts the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) about whether artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.R.S. 28:16(A)(1) is being used.
C 2 An operator of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) shall have protocols in place to address possible suicidal ideation, self-harm, or physical harm to others expressed by the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4), including referral to a crisis service provider such as a suicide hotline.
D(1)–(2) 3 D.(1) An operator of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) may not sell to or share with any third party any individually identifiable health information of a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) or the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4)'s input. This Subsection shall not apply to individually identifiable health information that is requested by a healthcare provider with the consent of the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4), provided to a health plan of a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) upon request of the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4), or shared to ensure the effective functionality of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) with another party with which the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) has a contract related to such functionality. (2) When sharing information pursuant to this Subsection, the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) and the other entity shall comply with all applicable privacy and security provisions of 45 CFR Part 160 and 45 CFR Part 164, Subparts A and E, as if the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) were a covered entity and the other entity were a business associate, as such terms are defined in 45 CFR 160.103.
E 4 An operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) may not use a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) to advertise a specific product or service to a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) in a conversation between the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) and the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) unless the chatbot clearly and conspicuously identifies the advertisement as an advertisement and discloses to the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) any sponsorship, business affiliation, or agreement that the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) has with a third party to promote, advertise, or recommend the product or service.
F(1)–(3) 5 An operator of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) may not use a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4)'s input to: (1) Determine whether to display an advertisement for a product or service to the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4), unless the advertisement is for the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) itself. (2) Determine a product, service, or category of product or service, to advertise to the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4). (3) Customize how an advertisement is presented to the userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4).
G The provisions of this Section shall not prohibit a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) Uses a system that is trained on data and is designed to simulate human conversation with a consumer through text, audio, or visual communication. (ii) Generates unscripted outputs similar to outputs created by a human, with limited or no human oversight. (iii) Engages in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health provider. (iv) Represents to a user or causes a reasonable person to believe that it can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only provides scripted output, such as guided meditations or mindfulness exercises, or analyzes an individual's input for the purpose of connecting the individual with a human mental health provider.R.S. 28:16(A)(2) from recommending that a userUser"User" means an individual located in Louisiana at the time the individual accesses or uses a mental health chatbot.R.S. 28:16(A)(4) seek counseling, therapy, or other assistance from a licensed healthcare professional.
Section 16 is the bill's core substantive provision. It defines key terms, then imposes five categories of operator obligations: (1) AI identity disclosure at initial access, upon return after seven days, and on demand; (2) crisis response protocols for suicidal ideation, self-harm, and physical harm to others; (3) a prohibition on selling or sharing individually identifiable health information or user input, with narrow exceptions for healthcare providers, health plans, and functionality partners (all subject to HIPAA-equivalent obligations); (4) a requirement that in-chatbot advertisements be clearly labeled and sponsorship relationships disclosed; and (5) a prohibition on using user input to target, select, or customize advertisements.
Subsection G provides a savings clause ensuring mental health chatbots may still recommend that users seek counseling or therapy from licensed professionals.
A The attorney general may bring a civil action to enforce any violations of this Part.
B An operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) that violates the provisions of this Part shall be subject to a civil fine of up to ten thousand dollars per violation.
C(1)–(3) C.(1) At least forty-five days before the day on which the attorney general initiates an enforcement action against an operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) who is subject to the requirements of this Part, the attorney general shall provide the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) with a written notice that identifies each alleged violation and an explanation of the basis for each allegation. (2) Except as provided in Paragraph (3) of this Subsection, the attorney general shall not initiate an action if the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) cures the notice violation within forty-five days after the date on which the operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) receives the notice by providing the attorney general with a written statement indicating that the violation is cured and no further violations will occur. (3) The attorney general may initiate a civil action against an operatorOperator"Operator" means a person who makes a mental health chatbot platform available to a user.R.S. 28:16(A)(3) who does either of the following: (a) Fails to cure a violation after receiving the written notice provided for in Paragraph (1) of this Subsection. (b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.
C(4) If a court of competent jurisdiction grants judgment or injunctive relief to the attorney general, the court shall award the attorney general reasonable attorney fees, court costs, and investigative costs.
C(5) A person who violates an administrative order or court order issued for a violation of this Part shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the attorney general.
C(6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general for consumer protection enforcement efforts or to promote consumer protection and education.
Section 17 establishes the enforcement framework for the mental health chatbot obligations in Section 16. Enforcement is exclusively through the Louisiana Attorney General — there is no private right of action. The attorney general must provide 45 days' written notice identifying each alleged violation before initiating enforcement. The operator has a right to cure during that period by providing a written statement that the violation is cured and will not recur. The cure right does not apply if the operator fails to cure after notice or commits a repeat violation of the same provision.
Civil fines of up to $10,000 per violation apply, plus up to $5,000 per violation for violating an administrative or court order. Attorney fees, court costs, and investigative costs are awarded to the attorney general upon judgment or injunctive relief. All collected monies are directed to consumer protection enforcement and education.