Pennsylvania · House Bill · 2025–2026 Regular Session
HB2175
Pennsylvania HB 2175 — Amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for consumer protection and for artificial intelligence and chatbots; imposing duties on the Bureau of Consumer Protection in the Office of Attorney General; and imposing penalties

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Bureau of Consumer Protection in the Office of Attorney General administers and enforces the chapter. The bureau may impose administrative fines or bring civil actions in court. The Attorney General may bring a civil action on behalf of the bureau to collect fines or civil penalties. Section 7106(f) provides that nothing in the enforcement section shall be construed to limit any other remedy available at law, preserving existing common-law and statutory causes of action but not creating an independent private right of action under this chapter.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Administrative fines up to $2,500 per violation. In court actions brought by the bureau, the court may declare violations, grant injunctive relief, order disgorgement of money received in violation, order payment of disgorged money to injured consumers, and impose fines up to $2,500 per violation. Civil penalty up to $5,000 per violation of an administrative or court order. If the bureau prevails, the court shall award reasonable attorney fees, court costs, and investigative fees. All fines and civil penalties are deposited into the 988 Suicide and Crisis Lifeline fund.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
12 Pa.C.S. § 7101
Scope of chapter

This chapter relates to artificial intelligenceArtificial intelligence"Artificial intelligence." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image).12 Pa.C.S. § 7102 and chatbotsChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102.

Section 7101 is a brief scope provision establishing that the chapter relates to artificial intelligence and chatbots. It creates no compliance obligations.

12 Pa.C.S. § 7102
Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Artificial intelligenceArtificial intelligence"Artificial intelligence." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image).12 Pa.C.S. § 7102." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image). "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.12 Pa.C.S. § 7102." A computer system, application or other product that uses or incorporates one or more forms of artificial intelligenceArtificial intelligence"Artificial intelligence." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image).12 Pa.C.S. § 7102. "BureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102." The BureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 of ConsumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 Protection in the Office of Attorney General. "ChatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102." As follows: (1) 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.12 Pa.C.S. § 7102 that: (i) Uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." As defined in 18 Pa.C.S. § 3131(g).12 Pa.C.S. § 7102 to engage in interactive conversations with a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. (ii) A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 represents, or a reasonable person would believe, can or will provide information to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 to help a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 manage a situation or treat a condition, including a situation or treatment involving mental health careMental health care"Mental health care." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutic treatment.12 Pa.C.S. § 7102. (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.12 Pa.C.S. § 7102 that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professionalMental health professional"Mental health professional." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession. (2) The term includes: (i) Any of the following, as defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985: (A) A physician. (B) A physician assistant. (ii) An advance practice professional as defined in section 2 of the act of May 31, 2018 (P.L.123, No.25), known as the Outpatient Psychiatric Oversight Act. (iii) An individual licensed as a psychologist in accordance with the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (iv) Any of the following, as defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law: (A) A certified registered nurse practitioner. (B) A clinical nurse specialist. (v) Any of the following, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act: (A) A licensed associate marriage and family therapist. (B) A licensed associate professional counselor. (C) A licensed bachelor social worker. (D) A licensed clinical social worker. (E) A licensed marriage and family therapist. (F) A licensed professional counselor. (G) A licensed social worker. (H) A social worker. (vi) An addictions counselor who is licensed, certified or otherwise authorized to staff drug and alcohol treatment projects and provide services regarding substance abuse and recovery, in accordance with 28 Pa. Code Pt. V (relating to Department of Drug and Alcohol Programs) and the laws of this Commonwealth.12 Pa.C.S. § 7102. "ConsumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. "Consumer inputConsumer input"Consumer input." Content provided to a chatbot by a consumer.12 Pa.C.S. § 7102." Content provided to a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 by a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. "Covered entityCovered entity"Covered entity." As defined in 45 CFR 160.103 (relating to definitions).12 Pa.C.S. § 7102." As defined in 45 CFR 160.103 (relating to definitions). "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." As defined in 18 Pa.C.S. § 3131(g).12 Pa.C.S. § 7102." As defined in 18 Pa.C.S. § 3131(g). "Health care providerHealth care provider"Health care provider." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center.12 Pa.C.S. § 7102." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center. "Health planHealth plan"Health plan." As defined in 45 CFR 160.103.12 Pa.C.S. § 7102." 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.12 Pa.C.S. § 7102." 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 careMental health care"Mental health care." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutic treatment.12 Pa.C.S. § 7102." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutic treatment. "Mental health professionalMental health professional"Mental health professional." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession. (2) The term includes: (i) Any of the following, as defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985: (A) A physician. (B) A physician assistant. (ii) An advance practice professional as defined in section 2 of the act of May 31, 2018 (P.L.123, No.25), known as the Outpatient Psychiatric Oversight Act. (iii) An individual licensed as a psychologist in accordance with the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (iv) Any of the following, as defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law: (A) A certified registered nurse practitioner. (B) A clinical nurse specialist. (v) Any of the following, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act: (A) A licensed associate marriage and family therapist. (B) A licensed associate professional counselor. (C) A licensed bachelor social worker. (D) A licensed clinical social worker. (E) A licensed marriage and family therapist. (F) A licensed professional counselor. (G) A licensed social worker. (H) A social worker. (vi) An addictions counselor who is licensed, certified or otherwise authorized to staff drug and alcohol treatment projects and provide services regarding substance abuse and recovery, in accordance with 28 Pa. Code Pt. V (relating to Department of Drug and Alcohol Programs) and the laws of this Commonwealth.12 Pa.C.S. § 7102." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health careMental health care"Mental health care." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutic treatment.12 Pa.C.S. § 7102 in the ordinary course of business or practice of a profession. (2) The term includes: [extensive enumeration of licensed professionals]. "OperatorOperator"Operator." An individual or entity, including a corporation, partnership, limited liability company, business trust, estate, foundation, association, organization or trust, or an agent or subsidiary thereof, that offers the use of or provides a chatbot to a consumer, if the chatbot is bought from or otherwise provided by a supplier.12 Pa.C.S. § 7102." An individual or entity, including a corporation, partnership, limited liability company, business trust, estate, foundation, association, organization or trust, or an agent or subsidiary thereof, that offers the use of or provides a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102, if the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 is bought from or otherwise provided by a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102. "SupplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 regarding a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102, whether or not the person deals directly with the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. (2) The term includes an operatorOperator"Operator." An individual or entity, including a corporation, partnership, limited liability company, business trust, estate, foundation, association, organization or trust, or an agent or subsidiary thereof, that offers the use of or provides a chatbot to a consumer, if the chatbot is bought from or otherwise provided by a supplier.12 Pa.C.S. § 7102.

Section 7102 provides the definitional framework for the chapter. The definition of Chatbot is notably broad — it covers any generative AI technology that engages in interactive conversations and that a supplier represents, or a reasonable person would believe, can help a consumer manage a situation or treat a condition, including mental health care. The carve-outs are narrow, excluding only scripted-output tools (e.g., guided meditations) and triage tools that solely connect users to human professionals. The definition of Supplier is expansive — it includes any person that regularly transacts with consumers regarding a chatbot and expressly subsumes operators.

12 Pa.C.S. § 7103
Protection of personal information
Deployer

(a)–(b)–(c)–(d) 1 Prohibition.--Except as provided under subsections (b) and (c), a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 may not sell to or share with a third party the following: (1) Individually identifiable health information of a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. (2) Consumer inputConsumer input"Consumer input." Content provided to a chatbot by a consumer.12 Pa.C.S. § 7102. (b) Applicability.--The prohibition under subsection (a) shall not apply if: (1) Either: (i) A health care providerHealth care provider"Health care provider." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center.12 Pa.C.S. § 7102 requests access to the individually identifiable health information of the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 and the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 consents to the access in accordance with subsection (d). (ii) The consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 requests that a health planHealth plan"Health plan." As defined in 45 CFR 160.103.12 Pa.C.S. § 7102 be provided access to the individually identifiable health information of the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 and the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 consents to the access in accordance with subsection (d). (2) The 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.12 Pa.C.S. § 7102 is shared in accordance with subsection (c). (c) Sharing information.-- (1) A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 may share a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102's 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.12 Pa.C.S. § 7102 if: (i) the sharing of the information is necessary to ensure the effective functionality of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 with a third party with which the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 has a contract related to the functionality; and (ii) the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 consents to the sharing of the information in accordance with subsection (d). (2) When sharing information in accordance with this subsection, the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 and the third party shall comply with all applicable privacy and security provisions of 45 CFR Pts. 160 (relating to general administrative requirements) and 164 (relating to security and privacy), as if the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 were a covered entityCovered entity"Covered entity." As defined in 45 CFR 160.103 (relating to definitions).12 Pa.C.S. § 7102 and the third party were a business associate. (d) Consent.-- (1) A consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 may consent to access to individually identifiable health information of the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 by a health care providerHealth care provider"Health care provider." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center.12 Pa.C.S. § 7102 or health planHealth plan"Health plan." As defined in 45 CFR 160.103.12 Pa.C.S. § 7102 in accordance with this section. (2) To be effective, the consent under this subsection must: (i) Be in writing. (ii) Acknowledge that the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 understands and agrees to the access of the individually identifiable health information of the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 by a health care providerHealth care provider"Health care provider." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center.12 Pa.C.S. § 7102 or health planHealth plan"Health plan." As defined in 45 CFR 160.103.12 Pa.C.S. § 7102. (3) The consent under this subsection may involve the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 initialing or signing the acknowledgment described in paragraph (2)(ii), checking a box, providing an electronic signature or hitting a button.

Section 7103 creates a data-sharing restriction specifically for chatbot suppliers. It prohibits the sale or sharing of consumers' individually identifiable health information and consumer input with third parties, subject to two narrow exceptions: (1) sharing with health care providers or health plans at the request of the provider or consumer, with consumer consent; and (2) sharing with third parties under contract for chatbot functionality, with consumer consent. When sharing occurs under the functionality exception, the supplier and the third party must comply with HIPAA security and privacy provisions (45 CFR Parts 160 and 164) as if the supplier were a HIPAA covered entity and the third party a business associate. Consent must be written and acknowledge the consumer's understanding of and agreement to the sharing.

Compliance actions 1 item
1
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must not sell or share with any third party a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102's 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.12 Pa.C.S. § 7102 or consumer inputConsumer input"Consumer input." Content provided to a chatbot by a consumer.12 Pa.C.S. § 7102. Sharing is permitted only in two circumstances: (1) a health care providerHealth care provider"Health care provider." As follows: (1) A person, corporation, facility, institution or other entity licensed, certified or approved by the Commonwealth to provide health care or professional medical services. (2) The term includes a physician, chiropractor, optometrist, professional nurse, certified nurse-midwife, podiatrist, hospital, nursing home, ambulatory surgical center and birth center.12 Pa.C.S. § 7102 requests access to the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102's 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.12 Pa.C.S. § 7102 and the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 provides written consent, or the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 requests that a health planHealth plan"Health plan." As defined in 45 CFR 160.103.12 Pa.C.S. § 7102 receive access and provides written consent; or (2) the sharing is necessary for the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102's effective functionality with a contracted third party and the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 provides written consent. When sharing under the functionality exception, the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 and the third party must comply with all HIPAA security and privacy provisions (45 CFR Parts 160 and 164) as if the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 were a HIPAA covered entityCovered entity"Covered entity." As defined in 45 CFR 160.103 (relating to definitions).12 Pa.C.S. § 7102 and the third party a business associate. Written consent must acknowledge that the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 understands and agrees to the sharing.
D-01.4
12 Pa.C.S. § 7104
Advertising
Deployer

(a)(1) 2 SupplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102.--A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 may not: (1) Use a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 to advertise a specific product or service to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 in a conversation between the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 and the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102.

(a)(2) 3 Use consumer inputConsumer input"Consumer input." Content provided to a chatbot by a consumer.12 Pa.C.S. § 7102 to: (i) Determine whether to display an advertisement for a product or service to the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102, unless the advertisement is for the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 itself. (ii) Determine a product, service or category of product or service to advertise to the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. (iii) Customize how an advertisement is presented to the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102.

(b) Construction.--This section shall not be construed to prohibit a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 from recommending a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 to seek counseling, therapy or other assistance from a mental health professionalMental health professional"Mental health professional." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession. (2) The term includes: (i) Any of the following, as defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985: (A) A physician. (B) A physician assistant. (ii) An advance practice professional as defined in section 2 of the act of May 31, 2018 (P.L.123, No.25), known as the Outpatient Psychiatric Oversight Act. (iii) An individual licensed as a psychologist in accordance with the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (iv) Any of the following, as defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law: (A) A certified registered nurse practitioner. (B) A clinical nurse specialist. (v) Any of the following, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act: (A) A licensed associate marriage and family therapist. (B) A licensed associate professional counselor. (C) A licensed bachelor social worker. (D) A licensed clinical social worker. (E) A licensed marriage and family therapist. (F) A licensed professional counselor. (G) A licensed social worker. (H) A social worker. (vi) An addictions counselor who is licensed, certified or otherwise authorized to staff drug and alcohol treatment projects and provide services regarding substance abuse and recovery, in accordance with 28 Pa. Code Pt. V (relating to Department of Drug and Alcohol Programs) and the laws of this Commonwealth.12 Pa.C.S. § 7102.

Section 7104 prohibits suppliers from using chatbots as advertising channels. The prohibition has two prongs: (1) a supplier may not use a chatbot to advertise a specific product or service during a conversation, and (2) a supplier may not use consumer input to target, select, or customize advertisements. There is a narrow exception permitting advertisements for the chatbot itself. A savings clause clarifies that the section does not prohibit a chatbot from recommending that a consumer seek counseling, therapy, or other assistance from a mental health professional.

Compliance actions 2 items
2
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must not use a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 to advertise a specific product or service to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 during a conversation between the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 and the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102.
CP-01.1
3
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must not use consumer inputConsumer input"Consumer input." Content provided to a chatbot by a consumer.12 Pa.C.S. § 7102 to determine whether to display an advertisement (unless the advertisement is for the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 itself), determine what product, service, or category to advertise, or customize how an advertisement is presented to the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102.
D-01.4
12 Pa.C.S. § 7105
Disclosure of artificial intelligence technology
Deployer

(a) 4 Policy required.-- (1) Subject to paragraph (2), a supplier of a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 shall develop, implement and maintain a written policy containing disclosures regarding the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 in accordance with subsection (c). (2) In complying with paragraph (1), a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 shall protect any trade secret or other proprietary information regarding the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102.

(b) 5 Consent required.-- (1) Before accessing the features of a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 or entering the chat page of a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102, a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 must acknowledge that the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 has read, understands and consents to the policy described under subsection (a) and the purpose, capabilities and limitations of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (2) The consent under this subsection must be in writing and may involve the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 initialing or signing the acknowledgment described in paragraph (1), checking a box, providing an electronic signature or hitting a button.

(c)(1)–(3) 6 Specific disclosures.--The policy described under subsection (a) must clearly and conspicuously provide the following: (1) The intended purposes of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (2) The abilities and limitations of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (3) A statement that the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 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.12 Pa.C.S. § 7102 and is not a human, which must be provided each time that the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 asks or otherwise prompts the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 about whether artificial intelligenceArtificial intelligence"Artificial intelligence." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image).12 Pa.C.S. § 7102 is being used.

(c)(4)(i)–(xi) 7 The procedures by which the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102: (i) Conducts testing, prior to making the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 publicly available and regularly thereafter, to ensure that the output of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 poses no greater risk to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 than that posed to an individual communicating with a human. (ii) Identifies reasonably foreseeable adverse outcomes to, and potentially harmful interactions with, consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 that could result from using the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (iii) Provides a mechanism for a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 to report any potentially harmful interactions from the use of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (iv) Implements protocols to assess and respond to risk of harm to consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 or other individuals. (v) Details actions taken to prevent or mitigate any adverse outcomes or potentially harmful interactions. (vi) Implements protocols to respond, as soon as practicable, to acute risks of physical harm. (vii) Reasonably ensures regular, objective reviews of safety, accuracy and efficacy, which may include internal or external audits. (viii) Provides consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 with instructions on the safe use of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (ix) Prioritizes consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 mental health and safety over engagement metrics or profit. (x) Implements measures to prevent discriminatory treatment of consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102. (xi) Ensures compliance with the security and privacy provisions of 45 CFR Pts. 160 (relating to general administrative requirements) and 164 (relating to security and privacy), as if the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 were a covered entityCovered entity"Covered entity." As defined in 45 CFR 160.103 (relating to definitions).12 Pa.C.S. § 7102.

(d) 8 Documentation.--A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 shall maintain documentation regarding the development and implementation of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 that describes: (1) Foundation models used in development. (2) Training data used. (3) Compliance with Federal and State privacy law. (4) ConsumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 data collection and sharing practices. (5) Ongoing efforts to ensure accuracy, reliability, fairness and safety.

(e) 9 Filing.--A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 shall file the policy described under subsection (a) with the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102, in the form and manner as prescribed by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102, along with: (1) The name and address of the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102. (2) The name of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102. (3) An annual filing fee as prescribed by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102.

(f) Additional information.--A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 may provide to the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102, in the form and manner prescribed by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102: (1) Any revision to the policy described under subsection (a) and filed in accordance with subsection (e). (2) Any other documentation that the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 deems appropriate to provide.

(g) 10 Compliance.--A supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 shall comply with the requirements of the policy filed in accordance with this section.

(h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Trade secret." As defined in section 5302 (relating to definitions).

Section 7105 is the bill's most extensive operative section, imposing multiple overlapping obligations on suppliers. It requires suppliers to (a) develop, implement, and maintain a written disclosure policy; (b) obtain consumer consent to the policy before allowing chatbot access; (c) include an extensive list of specific disclosures covering the chatbot's purpose, capabilities, limitations, AI identity, and safety/testing procedures; (d) maintain internal documentation on foundation models, training data, privacy compliance, data practices, and ongoing safety efforts; (e) file the policy with the Bureau of Consumer Protection along with identifying information and an annual fee; and (g) comply with the filed policy. Trade secret protections apply to the policy development process.

The disclosure requirements in subsection (c) are comprehensive: they encompass AI identity disclosure (including an on-demand disclosure each time the consumer asks), intended purposes and limitations, pre-deployment and ongoing testing procedures, adverse outcome identification, consumer harm reporting mechanisms, risk assessment and response protocols, acute physical harm response, regular safety and accuracy reviews, safe-use instructions, mental health and safety prioritization over engagement metrics, anti-discrimination measures, and HIPAA-equivalent privacy and security compliance.

Compliance actions 7 items
4
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must develop, implement, and maintain a written disclosure policy for each chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 containing the specific disclosures required by subsection (c). The supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must protect any trade secret or other proprietary information regarding the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 when complying with this requirement.
G-01.1
5
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must obtain written consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 acknowledgment and consent before the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 accesses the features of a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 or enters the chat page. The consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 must acknowledge that they have read, understand, and consent to the disclosure policy and the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102's purpose, capabilities, and limitations. Consent may be provided by initialing, signing, checking a box, providing an electronic signature, or hitting a button.
T-01.1
6
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must clearly and conspicuously disclose in the written policy: (1) the intended purposes of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102; (2) the abilities and limitations of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102; and (3) a statement that the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 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.12 Pa.C.S. § 7102 and is not a human. The AI identity statement must be provided each time the consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 asks or otherwise prompts the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 about whether artificial intelligenceArtificial intelligence"Artificial intelligence." As defined in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination of intimate image).12 Pa.C.S. § 7102 is being used.
T-01.1
7
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must disclose in the written policy the procedures by which they: (i) conduct testing before making the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 publicly available and regularly thereafter to ensure output poses no greater risk than communicating with a human; (ii) identify reasonably foreseeable adverse outcomes and potentially harmful interactions; (iii) provide a mechanism for consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 to report potentially harmful interactions; (iv) implement protocols to assess and respond to risk of harm to consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 or others; (v) detail actions taken to prevent or mitigate adverse outcomes or harmful interactions; (vi) implement protocols to respond as soon as practicable to acute risks of physical harm; (vii) ensure regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits; (viii) provide consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 with instructions on safe use of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102; (ix) prioritize consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 mental health and safety over engagement metrics or profit; (x) implement measures to prevent discriminatory treatment of consumersConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102; and (xi) ensure compliance with HIPAA security and privacy provisions (45 CFR Parts 160 and 164) as if the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 were a covered entityCovered entity"Covered entity." As defined in 45 CFR 160.103 (relating to definitions).12 Pa.C.S. § 7102.
S-01.1
8
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must maintain documentation regarding the development and implementation of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 describing: (1) foundation models used in development; (2) training data used; (3) compliance with federal and state privacy law; (4) consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 data collection and sharing practices; and (5) ongoing efforts to ensure accuracy, reliability, fairness, and safety.
G-01.3
9
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must file the written disclosure policy with the BureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 of ConsumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 Protection, in the form and manner prescribed by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102, along with: (1) the name and address of the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102; (2) the name of the chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102; and (3) an annual filing fee as prescribed by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102.
R-02.1
10
SuppliersSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 must comply with all requirements of the disclosure policy filed with the BureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 of ConsumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 Protection. The filed policy becomes a binding operational standard — failure to follow the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102's own filed procedures is itself a violation of this chapter.
G-01.1
12 Pa.C.S. § 7106
Enforcement and penalties

(a)–(f) Administration and enforcement generally.--The bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 shall administer and enforce the provisions of this chapter. (b) Actions by bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102.--In enforcing this chapter, the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 may: (1) Impose on a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 an administrative fine not to exceed $2,500 for each act or omission that constitutes a violation of this chapter by the supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102. (2) Bring an action in a court of competent jurisdiction against a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102 whose act or omission constitutes a violation of this chapter. (c) Court authority.-- (1) In an action brought by the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 to enforce this chapter, the court may: (i) Declare that an act or practice violates a provision of this chapter. (ii) Grant injunctive relief. (iii) Order the disgorgement of money received in violation of this chapter. (iv) Order the payment of disgorged money to a consumerConsumer"Consumer." An individual located in this Commonwealth at the time that the individual accesses or uses a chatbot.12 Pa.C.S. § 7102 or other person injured as a result of a violation of this chapter. (v) Impose a fine not to exceed $2,500 for each act or omission that constitutes a violation of this chapter. (vi) Award other relief as the court deems reasonable and necessary. (2) If the court awards judgment or injunctive relief to the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102, the court shall award the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102: (i) Reasonable attorney fees. (ii) Court costs. (iii) Investigative fees. (3) The court may impose a civil penalty not to exceed $5,000 for each violation of an administrative or court order issued for a violation of this chapter. (d) Attorney General.--The Attorney General may bring a civil action on behalf of the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 to collect a fine or civil penalty imposed under this section. (e) Deposit.--The bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 shall deposit all fines and civil penalties collected under this section into the fund designated for the receipt of money relating to the 988 Suicide and Crisis Lifeline. (f) Private right of action.--Nothing in this section shall be construed to limit any other remedy available at law.

Section 7106 establishes the enforcement framework for the chapter. The Bureau of Consumer Protection administers and enforces all provisions. The bureau may impose administrative fines up to $2,500 per violation or bring court actions. Courts may declare violations, grant injunctive relief, order disgorgement and payment to injured consumers, and impose fines up to $2,500 per violation. Civil penalties up to $5,000 apply for violating administrative or court orders. If the bureau prevails, the court must award attorney fees, court costs, and investigative fees. The Attorney General may bring civil actions to collect fines. All fines and civil penalties are deposited into the 988 Suicide and Crisis Lifeline fund. Subsection (f) preserves existing remedies at law but does not create an independent private right of action under this chapter.

12 Pa.C.S. § 7107
Construction
Deployer

(1) Nothing in this chapter shall be construed to: (1) Bar or otherwise restrict the bureauBureau"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.12 Pa.C.S. § 7102 from bringing an enforcement action in accordance with other State law against a supplierSupplier"Supplier." As follows: (1) A seller, lessor, assignor, offeror, broker or other person that regularly solicits, engages in or enforces transactions with a consumer regarding a chatbot, whether or not the person deals directly with the consumer. (2) The term includes an operator.12 Pa.C.S. § 7102.

(2) 11 Claim, imply, advertise or otherwise recognize that a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 is, or replaces services rendered by, a mental health professionalMental health professional"Mental health professional." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession. (2) The term includes: (i) Any of the following, as defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985: (A) A physician. (B) A physician assistant. (ii) An advance practice professional as defined in section 2 of the act of May 31, 2018 (P.L.123, No.25), known as the Outpatient Psychiatric Oversight Act. (iii) An individual licensed as a psychologist in accordance with the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (iv) Any of the following, as defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law: (A) A certified registered nurse practitioner. (B) A clinical nurse specialist. (v) Any of the following, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act: (A) A licensed associate marriage and family therapist. (B) A licensed associate professional counselor. (C) A licensed bachelor social worker. (D) A licensed clinical social worker. (E) A licensed marriage and family therapist. (F) A licensed professional counselor. (G) A licensed social worker. (H) A social worker. (vi) An addictions counselor who is licensed, certified or otherwise authorized to staff drug and alcohol treatment projects and provide services regarding substance abuse and recovery, in accordance with 28 Pa. Code Pt. V (relating to Department of Drug and Alcohol Programs) and the laws of this Commonwealth.12 Pa.C.S. § 7102 or emotional support professional.

Section 7107 contains two construction provisions. First, it preserves the bureau's authority to bring enforcement actions under other state law. Second, it provides that nothing in the chapter shall be construed to claim, imply, advertise, or otherwise recognize that a chatbot is, or replaces services rendered by, a mental health professional or emotional support professional. The second provision effectively reinforces the principle that chatbots cannot be positioned as substitutes for licensed professionals.

Compliance actions 1 item
11
No person may claim, imply, advertise, or otherwise recognize that a chatbotChatbot"Chatbot." As follows: (1) Artificial intelligence technology that: (i) Uses generative artificial intelligence to engage in interactive conversations with a consumer. (ii) A supplier represents, or a reasonable person would believe, can or will provide information to a consumer to help a consumer manage a situation or treat a condition, including a situation or treatment involving mental health care. (2) The term does not include artificial intelligence technology that only: (i) provides scripted output, including a guided meditation or mindfulness exercise; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health professional.12 Pa.C.S. § 7102 is, or replaces services rendered by, a mental health professionalMental health professional"Mental health professional." As follows: (1) An individual who is licensed, certified or otherwise authorized in accordance with the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession. (2) The term includes: (i) Any of the following, as defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985: (A) A physician. (B) A physician assistant. (ii) An advance practice professional as defined in section 2 of the act of May 31, 2018 (P.L.123, No.25), known as the Outpatient Psychiatric Oversight Act. (iii) An individual licensed as a psychologist in accordance with the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (iv) Any of the following, as defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law: (A) A certified registered nurse practitioner. (B) A clinical nurse specialist. (v) Any of the following, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act: (A) A licensed associate marriage and family therapist. (B) A licensed associate professional counselor. (C) A licensed bachelor social worker. (D) A licensed clinical social worker. (E) A licensed marriage and family therapist. (F) A licensed professional counselor. (G) A licensed social worker. (H) A social worker. (vi) An addictions counselor who is licensed, certified or otherwise authorized to staff drug and alcohol treatment projects and provide services regarding substance abuse and recovery, in accordance with 28 Pa. Code Pt. V (relating to Department of Drug and Alcohol Programs) and the laws of this Commonwealth.12 Pa.C.S. § 7102 or emotional support professional.
CP-01.9

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party Yes
Bipartisan No
Prior session None

Legislative History

2026-01-30 Referred to Commerce
2026-03-19 Reported with request to re-refer to Consumer Protection, Technology & Utilities
2026-03-19 Re-referred to Consumer Protection, Technology & Utilities

Entry Last Reviewed

2026-05-20
AI generated