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.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Administrative supportAdministrative support"Administrative support." Tasks performed to assist a mental health therapist in the delivery of therapy or psychotherapy services that do not involve confidential communications. The term includes: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims.Section 2." Tasks performed to assist a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2 in the delivery of therapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2 or psychotherapy services that do not involve confidential communicationsConfidential communications"Confidential communications." Information obtained by an individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, including information obtained by the individual's examination of the client or patient, which is: (1) the following: (i) transmitted between the client or patient and an individual in the course of their professional relationship; or (ii) transmitted among the client or patient, an individual and individuals who are participating in the diagnosis or treatment under the direction of an individual, including members of the client's or patient's family; and (2) made in confidence, for the diagnosis or treatment of the client or patient by the individual and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist.Section 2. The term includes: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. "Artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments. "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Section 2." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2. "Confidential communicationsConfidential communications"Confidential communications." Information obtained by an individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, including information obtained by the individual's examination of the client or patient, which is: (1) the following: (i) transmitted between the client or patient and an individual in the course of their professional relationship; or (ii) transmitted among the client or patient, an individual and individuals who are participating in the diagnosis or treatment under the direction of an individual, including members of the client's or patient's family; and (2) made in confidence, for the diagnosis or treatment of the client or patient by the individual and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist.Section 2." Information obtained by an individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, including information obtained by the individual's examination of the client or patient, which is: (1) the following: (i) transmitted between the client or patient and an individual in the course of their professional relationship; or (ii) transmitted among the client or patient, an individual and individuals who are participating in the diagnosis or treatment under the direction of an individual, including members of the client's or patient's family; and (2) made in confidence, for the diagnosis or treatment of the client or patient by the individual and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." An artificial intelligence technology that: (1) is trained on data; (2) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (3) generates nonscripted outputs similar to outputs created by a human with limited or no human oversight.Section 2." An artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Section 2 that: (1) is trained on data; (2) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (3) generates nonscripted outputs similar to outputs created by a human with limited or no human oversight. "Health care providerHealth care provider"Health care provider." As defined in 45 CFR 160.103 (relating to definitions).Section 2." As defined in 45 CFR 160.103 (relating to definitions). "Health planHealth plan"Health plan." As defined in 45 CFR 160.103.Section 2." As defined in 45 CFR 160.103. "Individually identifiable health informationIndividually identifiable health information"Individually identifiable health information." Information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Section 2." Information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual. "Mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2." (1) An artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Section 2 that: (i) uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." An artificial intelligence technology that: (1) is trained on data; (2) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (3) generates nonscripted outputs similar to outputs created by a human with limited or no human oversight.Section 2 to engage in interactive conversations with a user similar to the confidential communicationsConfidential communications"Confidential communications." Information obtained by an individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, including information obtained by the individual's examination of the client or patient, which is: (1) the following: (i) transmitted between the client or patient and an individual in the course of their professional relationship; or (ii) transmitted among the client or patient, an individual and individuals who are participating in the diagnosis or treatment under the direction of an individual, including members of the client's or patient's family; and (2) made in confidence, for the diagnosis or treatment of the client or patient by the individual and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist.Section 2 that an individual would have with a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2; and (ii) a supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 represents, or a reasonable person would believe, can or will provide mental health therapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2 or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Section 2 that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2. "Mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act. "Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2. "SupplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers. "TherapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2." The treatment of mental conditions by verbal or written communication and interaction. "User inputUser input"User input." Content provided to a mental health chatbot by a Pennsylvania user.Section 2." Content provided to a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 by a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2.
Section 2 establishes the bill's defined terms. Key definitions include mental health chatbot — an AI technology that uses generative AI to engage in interactive conversations similar to confidential communications with a therapist and that is represented as providing mental health therapy or managing mental health conditions. The definition carves out scripted-output tools (guided meditations) and triage tools that merely connect users to therapists. Supplier is defined broadly as any person regularly engaged in consumer transactions, and mental health therapist is limited to individuals practicing psychology under the Professional Psychologists Practice Act.
(a) 1 Prohibition.--A supplier of a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 may not sell to or share with a third party: (1) individually identifiable health information of a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2; or (2) user input of a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2.
(b)–(c) 1 Applicability.--Subsection (a) does not apply to individually identifiable health informationIndividually identifiable health information"Individually identifiable health information." Information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Section 2: (1) requested by a health care providerHealth care provider"Health care provider." As defined in 45 CFR 160.103 (relating to definitions).Section 2 with the consent of the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2; (2) provided to a health plan of a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 upon request of the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2; or (3) shared in compliance with subsection (c). (c) Exception.--A supplier of a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 may share individually identifiable health informationIndividually identifiable health information"Individually identifiable health information." Information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Section 2 necessary to ensure the effective functionality of the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 with another party with which the supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 has a contract related to that functionality. When sharing information under this subsection, the supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 and the other entity shall comply with all applicable privacy and security provisions of 45 CFR Pts. 160 (relating to general administrative requirements) and 164 Subpts. A (relating to general provisions) and E (relating to privacy of individually identifiable health informationIndividually identifiable health information"Individually identifiable health information." Information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Section 2), as if the supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 were a covered entity and the other entity were a business associate, as those terms are defined in 45 CFR 160.103 (relating to definitions).
Section 3 prohibits suppliers of mental health chatbots from selling or sharing individually identifiable health information or user input of Pennsylvania users with third parties. The prohibition is subject to three exceptions: health care provider access with user consent, health plan access at the user's request, and sharing with contractual service providers necessary for chatbot functionality — provided both parties comply with HIPAA privacy and security requirements as if the supplier were a covered entity and the contractor a business associate.
(a)(1) 2 A supplier of a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 may not use a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 to advertise a specific product or service to a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 in a conversation between the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 and the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 unless the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2: (i) Clearly and conspicuously identifies the advertisement as an advertisement. (ii) Clearly and conspicuously discloses to the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 any: (A) sponsorship; (B) business affiliation; or (C) agreement that the supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 has with a third party to promote, advertise or recommend the product or service.
(a)(2) 3 A supplier of a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 may not use a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2's input to: (i) determine whether to display an advertisement for a product or service to the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2, unless the advertisement is for the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 itself; (ii) determine a product, service or category of product or service, to advertise to the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2; or (iii) customize how an advertisement is presented to the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2.
(b) Construction.--This section does not prohibit a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 from recommending that a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 seek counseling, therapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2 or other assistance from a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2, including a specific mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2.
Section 4 imposes two distinct advertising restrictions on suppliers of mental health chatbots. First, in-chatbot advertising of specific products or services is permitted only if the chatbot clearly and conspicuously identifies the advertisement as such and discloses any sponsorship, business affiliation, or third-party promotional agreement. Second, suppliers are categorically prohibited from using Pennsylvania user input to target, select, or customize advertisements — preventing behavioral ad targeting within the therapeutic chatbot context. A savings clause preserves the chatbot's ability to recommend that a user seek counseling or therapy from a mental health therapist.
(a)–(b) 4 Artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2.--A supplier of a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 shall cause a mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 to clearly and conspicuously disclose to a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 that the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 is an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Section 2 and not a human. (b) Process.--The disclosure under subsection (a) shall be made: (1) Before the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 may access the features of the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2. (2) At the beginning of any interaction with the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 if the Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 has not accessed the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 within the previous seven days. (3) Any time a Pennsylvania userPennsylvania user"Pennsylvania user." An individual located in this Commonwealth at the time the individual accesses or uses a mental health chatbot.Section 2 asks or otherwise prompts the mental health chatbotMental health chatbot"Mental health chatbot." (1) An artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a mental health therapist.Section 2 about whether artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2 is being used.
Section 5 requires suppliers to cause their mental health chatbots to clearly and conspicuously disclose to Pennsylvania users that the chatbot is an artificial intelligence technology and not a human. The disclosure must be made at three points: before the user may access the chatbot's features, at the beginning of any interaction after a seven-day gap in use, and any time the user asks or prompts the chatbot about whether AI is being used. The seven-day re-disclosure trigger is a distinctive approach — less frequent than companion chatbot re-disclosure intervals in other jurisdictions but tied to session resumption rather than elapsed in-session time.
(a) 5 Requirements.--An individual, corporation, supplierSupplier"Supplier." A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces consumer transactions, whether or not the person deals directly with consumers.Section 2 or entity may not provide, advertise or otherwise offer therapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2 services, including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2, to the public in this Commonwealth unless the therapyTherapy"Therapy." The treatment of mental conditions by verbal or written communication and interaction.Section 2 or psychotherapy services are conducted by an individual who is a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2.
(b) 6 Use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2.--A mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2 may only use artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2 for administrative supportAdministrative support"Administrative support." Tasks performed to assist a mental health therapist in the delivery of therapy or psychotherapy services that do not involve confidential communications. The term includes: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims.Section 2. A mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2 may not allow artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2 to do any of the following: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without review and approval by the mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2; or (4) detect emotions or mental states.
Section 6 imposes two distinct obligations. Subsection (a) prohibits any individual, corporation, supplier, or entity from providing, advertising, or offering therapy services — including through Internet-based AI — to the public in Pennsylvania unless those services are conducted by a licensed mental health therapist. Subsection (b) restricts licensed mental health therapists to using AI only for administrative support, and specifically prohibits allowing AI to make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without therapist review and approval, or detect emotions or mental states.
7 All records kept by a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2 and all communications between a patient and a mental health therapistMental health therapist"Mental health therapist." An individual who is engaging in the practice of psychology as defined in the Professional Psychologists Practice Act.Section 2 shall be confidential and shall not be disclosed except as required under the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.
Section 7 provides that all records kept by a mental health therapist and all communications between a patient and a mental health therapist are confidential and may not be disclosed except as required under the Mental Health Procedures Act. This is a confidentiality rule reinforcing existing Pennsylvania law rather than creating a new AI-specific compliance obligation.
A violation of this act shall be subject to section 11 of the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act.
Section 8 incorporates the enforcement and penalty provisions of section 11 of the Professional Psychologists Practice Act. This means violations of the Protecting Patients Act are enforced through the existing disciplinary framework administered by the State Board of Psychology under the Bureau of Professional and Occupational Affairs. No standalone private right of action or separate penalty schedule is created.
This act shall apply to the extent to which the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that makes predictions, recommendations or decisions influencing real or virtual environments.Section 2 is not preempted by Federal law.
Section 9 contains a federal preemption savings clause, limiting the act's applicability to the extent that AI use is not preempted by federal law. This provision preserves federal supremacy and may interact with HIPAA preemption of the data-sharing provisions in Section 3 and potential FDA preemption for AI systems qualifying as medical devices.
This act shall take effect in 60 days.
Section 10 provides that the act takes effect 60 days after enactment.