WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
"Artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including information such as images, videos, audio clips or text, that has been significantly modified or generated by algorithms, including by artificial intelligence.63 Pa.C.S. § 3102.
"Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including information such as images, videos, audio clips or text, that has been significantly modified or generated by algorithms, including by artificial intelligence.63 Pa.C.S. § 3102." The class of models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including information such as images, videos, audio clips or text, that has been significantly modified or generated by algorithms, including by artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102.
This section amends the general definitions provision of Title 63 to add defined terms for Artificial intelligence and Generative artificial intelligence. The AI definition tracks the widely used OECD/NIST-style formulation and expressly folds generative AI into the broader term. These definitions establish the scope of the substantive obligations created in the new § 3107.2.
The section imposes no compliance duties of its own; it is definitional.
(a) 1 Rules.--Each licensing board and licensing commission shall establish rules addressing the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 by licensees when providing services within the licensee's authorized scope of practice under the applicable practice act. The rules shall be consistent with the applicable practice act.
(b)(1) 1 Contents.--Rules shall address, at a minimum, all of the following: (1) The conditions under which a licensee may use artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 in providing services within the licensee's authorized scope of practice under the applicable practice act.
(b)(2) 2 The level of review, supervision or approval required of a licensee before information, work product, recommendations or other output generated by artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 may be used or relied upon in providing services.
(b)(3) 3 Disclosure by a licensee to the person receiving services regarding the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102, including the manner, content and timing of a plain-language disclosure, when the person is receiving information, work product or services generated in whole or in substantial part by artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102.
(b)(4) 4 A requirement that each person receiving services shall be provided with the option to communicate directly with a licensee, rather than solely through artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102, and the process for exercising that option.
(b)(5) 5 The duties and obligations of a licensee when using artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102, including the responsibility of a licensee to exercise professional judgment and comply with all ethical, confidentiality, recordkeeping and other obligations imposed on the licensee under the applicable practice act, notwithstanding the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 in providing services.
(b)(6) 6 Limitations on the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102, including that artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 may not independently perform professional services, make professional decisions, establish a professional relationship or fulfill a duty imposed on a licensee under the applicable practice act.
(b)(7) 1 The circumstances under which the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 may constitute unprofessional conduct, a violation of the applicable practice act or grounds for discipline.
(c) Construction.--Nothing in this section shall be construed to: (1) limit the authority of a licensing board or licensing commission to regulate the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 by licensees under a practice act; or (2) require disclosure of the use of artificial intelligenceArtificial intelligence"Artificial intelligence." A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to perceive real and virtual environments, to abstract the perceptions into models through automated analysis and to use model inference to formulate options for information or action. The term includes generative artificial intelligence.63 Pa.C.S. § 3102 for a purely administrative, clerical or ministerial function that does not involve individualized professional advice, recommendations, evaluations, treatment, analysis or decisions.
(d) Regulations.--A licensing board or licensing commission may promulgate regulations as necessary to implement this section.
New § 3107.2 directs every Pennsylvania licensing board and licensing commission to promulgate rules governing licensees' use of artificial intelligence within their authorized scope of practice, consistent with the applicable practice act. The rules must address, at minimum, seven enumerated topics: the conditions for AI use, the required level of human review and supervision before AI output may be relied upon, plain-language disclosure to persons receiving services, a right to communicate directly with a human licensee, the licensee's retained professional and ethical responsibilities, hard limits on autonomous AI performance of professional functions, and when AI use constitutes grounds for discipline.
Structurally, the primary duty runs to the licensing boards to write rules; the direct constraints on licensees crystallize once those rules issue. Two of the enumerated contents are already substantive limits that the boards must embody — a mandatory human-review/supervision floor and a prohibition on AI independently performing professional services, making professional decisions, establishing a professional relationship, or fulfilling a licensee's duty. A construction clause exempts purely administrative, clerical, or ministerial functions from the disclosure requirement, and permits boards to promulgate implementing regulations.
Section 3. This act shall take effect in 60 days.
The act takes effect 60 days after enactment. This is a timing provision only and creates no substantive obligation; the operative compliance timeline for licensees will depend on when each licensing board issues the rules mandated by § 3107.2.