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.
(14)(xlix) Title 14, Subtitle 51 of this article; or
This amendment to the Maryland Consumer Protection Act's enumerated list of unfair, abusive, or deceptive trade practices adds violations of the new Subtitle 51 (Artificial Intelligence) to the existing statutory catalogue. This integration means that any violation of §§ 14–5101 or 14–5102 automatically constitutes a UDAP violation enforceable under the existing Title 13 enforcement framework, including the Attorney General's investigatory powers and available remedies.
(A)–(F) In this subtitle the following words have the meanings indicated. (B) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B)" has the meaning stated in § 15–10B–05.1 of the Insurance Article. (C) "Behavioral healthBehavioral health"Behavioral health" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(C)" has the meaning stated in § 7.5–101 of the Health – General Article. (D) "Behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(D)" has the meaning stated in § 7.5–101 of the Health – General Article. (E) (1) "Behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed or otherwise authorized to provide behavioral health care services under the Health Occupations Article. "Behavioral health care provider" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner.Md. Code, Com. Law § 14–5101(E)" means an individual who is licensed or otherwise authorized to provide behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(D) services under the Health Occupations Article. (2) "Behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed or otherwise authorized to provide behavioral health care services under the Health Occupations Article. "Behavioral health care provider" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner.Md. Code, Com. Law § 14–5101(E)" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner. (F) "DeveloperDeveloper"Developer" means a person that offers for sale, sells, leases, gives, or otherwise provides artificial intelligence to a consumer in the State.Md. Code, Com. Law § 14–5101(F)" means a person that offers for sale, sells, leases, gives, or otherwise provides artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) to a consumer in the State.
Section 14–5101 establishes the defined terms for the new Artificial Intelligence subtitle. The definition of Developer is notably broad — it encompasses any person that offers for sale, sells, leases, gives, or otherwise provides AI to a consumer in the State, which captures not only traditional software developers but also distributors, resellers, and any entity making AI available to Maryland consumers. The definitions of behavioral health, behavioral health care, and behavioral health care provider are incorporated by reference from the Health – General Article.
(A)(1) 1 A developerDeveloper"Developer" means a person that offers for sale, sells, leases, gives, or otherwise provides artificial intelligence to a consumer in the State.Md. Code, Com. Law § 14–5101(F) may not: (1) Make, or knowingly cause artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) to make, any representation or statement that explicitly or implicitly indicates that the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) is: (I) a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed or otherwise authorized to provide behavioral health care services under the Health Occupations Article. "Behavioral health care provider" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner.Md. Code, Com. Law § 14–5101(E); or (II) capable of providing behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(D);
(A)(2) 2 Offer, sell, lease, give, or otherwise provide to consumers in the State artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) that is specifically programmed or designed to provide a service or an experience that would constitute the practice of behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(D) if provided by a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed or otherwise authorized to provide behavioral health care services under the Health Occupations Article. "Behavioral health care provider" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner.Md. Code, Com. Law § 14–5101(E).
(B)(1) 3 Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) sold, leased, given, or otherwise provided to a consumer in the State shall include: (1) Clear and conspicuous notice that the consumer is not communicating with a human, displayed at the beginning of each use;
(B)(2) 4 Protocols that: (I) take reasonable steps to detect and address suicidal ideations or expressions of self-harm by a consumer; and (II) refer the consumer to behavioral healthBehavioral health"Behavioral health" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(C) services or the Maryland Behavioral HealthBehavioral health"Behavioral health" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(C) Crisis Response System's services when the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) detects a consumer's suicidal ideations or expressions of self-harm.
(C) Violation of subsection (A) or (B) of this section is: (1) an unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and (2) subject to the enforcement provisions contained in Title 13 of this article.
(D) The Attorney General may investigate and bring an action against any person for an alleged violation of this section.
(E) The revenues from civil penalties assessed for a violation of this section shall be distributed to the Behavioral HealthBehavioral health"Behavioral health" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(C) Workgroup Investment Fund established under § 10–1502 of the Health – General Article.
(F) This section may not be construed to prohibit: (1) any advertisement, statement, or representation for or relating to any product meant to provide advice and guidance relating to behavioral healthBehavioral health"Behavioral health" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(C) if the product does not claim to offer or provide behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Md. Code, Com. Law § 14–5101(D); or (2) a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed or otherwise authorized to provide behavioral health care services under the Health Occupations Article. "Behavioral health care provider" includes: (I) a counselor; (II) a psychiatrist or other licensed physician; (III) a psychologist; (IV) a social worker; (V) a therapist; and (VI) a nurse practitioner.Md. Code, Com. Law § 14–5101(E) from offering or operating artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–5101(B) programmed or designed to be used to support administrative tasks.
Section 14–5102 is the operative core of the bill, imposing three distinct categories of obligation. Subsection (A) prohibits developers from representing that AI is a behavioral health care provider or is capable of providing behavioral health care, and from providing AI specifically designed to deliver services constituting behavioral health care practice. Subsection (B) requires all AI provided to Maryland consumers to include an AI identity disclosure at session start and crisis detection and referral protocols for suicidal ideation and self-harm.
Subsection (F) carves out two categories from the prohibitions: products offering behavioral health advice and guidance that do not claim to provide behavioral health care, and licensed providers using AI for administrative support. The carve-out for advice-and-guidance products is significant — it draws a line between AI that offers wellness tips or general mental health information and AI that holds itself out as providing clinical behavioral health care.