WHAT THIS BILL REGULATES · 5 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.
(2)(cc) Chapter 72a, Artificial IntelligenceArtificial intelligence"Artificial intelligence" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(1) Applications Relating to Mental Health.
This section amends the list of chapters the Division of Consumer Protection is authorized to administer and enforce, adding Chapter 72a (Artificial Intelligence Applications Relating to Mental Health) to the division's jurisdiction. This is a housekeeping amendment that extends existing enforcement infrastructure to the new chapter; it creates no standalone compliance obligation for regulated entities.
(1)–(16) As used in this chapter: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(1)" means the same as that term is defined in Section 13-72-101. (2) "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(2)" means the same as that term is defined in Section 13-72-101. (3) "Confidential communicationsConfidential communications"Confidential communications" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(3)" means the same as that term is defined in Section 58-60-102. (4) "Covered entityCovered entity"Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(4)" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (5) "DivisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5)" means the Division of Consumer Protection created in Section 13-2-1. (6) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence technology system that: (a) is trained on data; (b) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (c) generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight.Utah Code § 13-72a-101(6)" means an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(2) system that: (a) is trained on data; (b) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (c) generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight. (7) "Health care providerHealth care provider"Health care provider" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(7)" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (8) "Health planHealth plan"Health plan" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(8)" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (9) "Individually identifiable health informationIndividually identifiable health information"Individually identifiable health information" means any information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Utah Code § 13-72a-101(9)" means any information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual. (10)(a) "Mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10)" means an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(2) that: (i) uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence technology system that: (a) is trained on data; (b) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (c) generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight.Utah Code § 13-72a-101(6) to engage in interactive conversations with a user of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) similar to the confidential communicationsConfidential communications"Confidential communications" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(3) that an individual would have with a licensed mental health therapistMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11); and (ii) a supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. (b) "Mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10)" does not include artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(2) that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapistMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11). (11) "Mental health therapistMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11)" means the same as that term is defined in Section 58-60-102. (12) "Personal dataPersonal data"Personal data" means the same as that term is defined in Section 63A-19-101.Utah Code § 13-72a-101(12)" means the same as that term is defined in Section 63A-19-101. (13) "Scientific research developmentScientific research development"Scientific research development" means research: (a) conducted by a researcher affiliated with: (i) an institution of higher education; (ii) a research organization; or (iii) a healthcare facility; and (b) that is: (i) approved by an institutional review board; and (ii) conducted in accordance with applicable ethics requirements for human subject research.Utah Code § 13-72a-101(13)" means research: (a) conducted by a researcher affiliated with: (i) an institution of higher education; (ii) a research organization; or (iii) a healthcare facility; and (b) that is: (i) approved by an institutional review board; and (ii) conducted in accordance with applicable ethics requirements for human subject research. (14) "SupplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14)" means the same as that term is defined in Section 13-11-3. (15) "Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15)" means an individual located in the state at the time the individual accesses or uses a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10). (16) "User inputUser input"User input" means content provided to a mental health chatbot by a Utah user.Utah Code § 13-72a-101(16)" means content provided to a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) by a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15).
Section 101 establishes the definitions used throughout Chapter 72a. Key defined terms include mental health chatbot, which covers generative AI that engages users in therapeutic-style conversations and is represented as providing or capable of providing mental health therapy — but excludes purely scripted tools (guided meditations) and triage-only tools (intake routing to human therapists). The supplier definition incorporates the existing Utah Consumer Sales Practices Act definition at § 13-11-3. Health-data terms (individually identifiable health information, covered entity, health plan) borrow from HIPAA.
(1) 1 A supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) may not sell to or share with any third party any: (a) individually identifiable health information of a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15); or (b) user input of a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15).
(2)–(3) 1 Subsection (1) does not apply to individually identifiable health informationIndividually identifiable health information"Individually identifiable health information" means any information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Utah Code § 13-72a-101(9): (a) requested by a health care providerHealth care provider"Health care provider" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(7) with the consent of the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15); (b) provided to a health plan of a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) upon request of the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15); or (c) shared in compliance with Subsection (3). (3)(a) A supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) may share individually identifiable health informationIndividually identifiable health information"Individually identifiable health information" means any information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual.Utah Code § 13-72a-101(9) necessary to ensure the effective functionality of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) with another party with which the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) has a contract related to such functionality. (b) When sharing information under Subsection (3)(a), the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) and the other entity shall comply with all applicable privacy and security provisions of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, as if the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) were a covered entityCovered entity"Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(4) and the other entity were a business associate, as such terms are defined in 45 C.F.R. 160.103.
Section 201 prohibits suppliers from selling or sharing a Utah user's individually identifiable health information or user input with any third party. Three narrow exceptions apply: disclosure to a health care provider with user consent, disclosure to a user's health plan at the user's request, and sharing with a contracted functionality partner — but only where both parties comply with HIPAA-equivalent privacy and security requirements as if the supplier were a covered entity and the partner a business associate under 45 C.F.R. Parts 160 and 164.
The prohibition is notable for its breadth: it covers all user input, not just health information, and the HIPAA-equivalent requirement for functionality-sharing contracts imposes significant compliance infrastructure even though the supplier may not otherwise be a HIPAA-covered entity.
(1) 2 A supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) may not use a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) to advertise a specific product or service to a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) in a conversation between the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) and the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) unless the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10): (a) clearly and conspicuously identifies the advertisement as an advertisement; and (b) clearly and conspicuously discloses to the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) any: (i) sponsorship; (ii) business affiliation; or (iii) agreement that the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) has with a third party to promote, advertise, or recommend the product or service.
(2) 3 A supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) may not use a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15)'s input to: (a) determine whether to display an advertisement for a product or service to the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15), unless the advertisement is for the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) itself; (b) determine a product, service, or category of product or service, to advertise to the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15); or (c) customize how an advertisement is presented to the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15).
(3) This section does not prohibit a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) from recommending that a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) seek counseling, therapy, or other assistance from a licensed professional, including a specific licensed professional.
Section 202 imposes two distinct advertising restrictions on suppliers. First, if a supplier uses the mental health chatbot to deliver a product or service advertisement within a conversation, it must clearly and conspicuously identify the advertisement as such and disclose any sponsorship, business affiliation, or third-party promotional agreement. Second, suppliers may not use user input to target, select, or customize advertisements to the user — a categorical prohibition on behavioral ad targeting within the chatbot context, with a narrow exception for advertising the chatbot itself.
The section expressly preserves the chatbot's ability to recommend that a user seek counseling, therapy, or other assistance from a licensed professional, including recommending a specific professional by name.
(1)–(2) 4 A supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) shall cause the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) to clearly and conspicuously disclose to a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) that the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) is an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(2) and not a human. The disclosure described in Subsection (1) shall be made: (a) before the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) may access the features of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); (b) at the beginning of any interaction with the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) if the Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) has not accessed the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) within the previous seven days; and (c) any time a Utah userUtah user"Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.Utah Code § 13-72a-101(15) asks or otherwise prompts the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) about whether artificial intelligenceArtificial intelligence"Artificial intelligence" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(1) is being used.
Section 203 requires suppliers to cause the mental health chatbot to clearly and conspicuously disclose to users that it is AI and not a human. The disclosure must occur at three points: before the user accesses chatbot features, at the beginning of any interaction following a gap of seven or more days, and any time the user asks or prompts whether AI is being used. The seven-day re-disclosure requirement functions as a periodic reminder for returning users, distinct from the initial pre-access disclosure.
(1)–(2) The divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. The attorney general shall: (a) upon request, give legal advice to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5); and (b) act as counsel for the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) in the exercise of the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5)'s responsibilities under this chapter.
(3)–(8) In addition to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5)'s enforcement powers under Chapter 2, Division of Consumer Protection: (a) the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. In a court action by the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this part; (c) order disgorgement of money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award other relief that the court determines reasonable and necessary. If a court awards judgment or injunctive relief to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5), the court shall award the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5): (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. A court may impose a civil penalty of no more than $5,000 for each violation of an administrative or court order issued for a violation of this chapter. The attorney general may bring a civil action on behalf of the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) to collect a civil penalty imposed under this section. The divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) shall deposit all fines and civil penalties collected under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Section 204 establishes the enforcement framework for Chapter 72a. The Division of Consumer Protection administers and enforces the chapter; the attorney general provides legal counsel and may bring civil actions on the division's behalf. The division director may impose administrative fines of up to $2,500 per violation. In court actions, available remedies include declaratory relief, injunctions, disgorgement, fines up to $2,500 per violation, and other reasonable relief. Violation of an administrative or court order carries a civil penalty of up to $5,000 per violation. Attorney fees, court costs, and investigative fees are awarded to the division when it prevails. All fines and penalties are deposited into the Consumer Protection Education and Training Fund.
(1)–(2) If any provision of this chapter or the application of any provision of this chapter to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. The provisions of this chapter are severable.
Standard severability clause providing that if any provision of Chapter 72a is held invalid, the remainder of the chapter continues in effect.
(2) 5 It is an affirmative defense to liability in an action brought under Subsection 58-1-501(1) or Subsection 58-1-501(2) if the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) demonstrates that the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14): (a) created, maintained, and implemented a policy that meets the requirements of Subsection (3); (b) maintains documentation regarding the development and implementation of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) that describes: (i) foundation models used in development; (ii) training data used; (iii) compliance with federal health privacy regulations; (iv) user data collection and sharing practices; and (v) ongoing efforts to ensure accuracy, reliability, fairness, and safety; (c) filed the policy with the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) as described in Subsection (4); and (d) complied with all requirements of the filed policy at the time of the alleged violation.
(3) 5 A policy described in Subsection (2)(a) must: (a) be in writing; (b) clearly state: (i) the intended purposes of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); and (ii) the abilities and limitations of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); and (c) describe the procedures by which the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14): (i) ensures that licensed mental health therapistsMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11) are involved in the development and review process; (ii) ensures the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) is developed and monitored in a manner consistent with clinical best practices; (iii) conducts testing, prior to making the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) publicly available and regularly thereafter, to ensure that the output of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) poses no greater risk to a user than that posed to an individual in therapy with a licensed mental health therapistMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11); (iv) identifies reasonably foreseeable adverse outcomes to, and potentially harmful interactions with, users that could result from using the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); (v) provides a mechanism for a user to report any potentially harmful interactions from use of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); (vi) implements protocols to assess and respond to risk of harm to users or other individuals; (vii) details actions taken to prevent or mitigate any such adverse outcomes or potentially harmful interactions; (viii) implements protocols to respond in real time to acute risk of physical harm; (ix) reasonably ensures regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits; (x) provides users any necessary instructions on the safe use of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); (xi) ensures users understand they are interacting with artificial intelligenceArtificial intelligence"Artificial intelligence" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72a-101(1); (xii) ensures users understand the intended purpose, capabilities, and limitations of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); (xiii) prioritizes user mental health and safety over engagement metrics or profit; (xiv) implements measures to prevent discriminatory treatment of users; and (xv) ensures compliance with the security and privacy provisions of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A, C, and E, as if the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) were a covered entityCovered entity"Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.Utah Code § 13-72a-101(4), and applicable consumer protection requirements, including Sections 13-72a-201, 13-72a-202, and 13-72a-203.
(4) 6 To file a policy with the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) under this section, a supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10): (a) shall provide to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5): (i) the name and address of the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14); (ii) the name of the mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) supplied by the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14); (iii) the written policy described in Subsection (3); and (iv) a fee set in accordance with Section 63J-1-504; (b) shall file in a manner established by the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5); and (c) may provide to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5): (i) any revisions to a policy filed under this section; or (ii) any other documentation the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-72a-101(14) elects to provide.
(5) The divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5): (a) shall provide a means for a supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) to file under this section; and (b) may impose an annual filing fee set in accordance with Section 63J-1-504.
(6)–(7) The affirmative defense described in this section applies only in an administrative or civil action alleging a violation of: (a) Subsection 58-1-501(1); or (b) Subsection 58-1-501(2). Nothing in this section shall be construed to: (a) bar the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-72a-101(5) from bringing an action under Subsection 58-1-501(1) or Subsection 58-1-501(2) against the supplier of a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10); or (b) recognize a mental health chatbotMental health chatbot"Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions. "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist.Utah Code § 13-72a-101(10) as a licensed mental health therapistMental health therapist"Mental health therapist" means the same as that term is defined in Section 58-60-102.Utah Code § 13-72a-101(11).
Section 58-60-118, enacted under the mental health therapist licensing title, creates an affirmative defense to unlicensed-practice liability under § 58-1-501(1) and (2) for suppliers of mental health chatbots. The defense requires the supplier to have created, maintained, and implemented a detailed written policy; maintained documentation covering foundation models, training data, HIPAA compliance, data practices, and ongoing accuracy/safety efforts; filed the policy with the Division of Consumer Protection; and complied with the policy at the time of the alleged violation. The required policy is extensive: it must address clinical involvement, clinical best-practice consistency, pre- and post-deployment testing, foreseeable adverse outcomes, user harm-reporting mechanisms, risk-assessment and response protocols, real-time acute-risk response, safety/accuracy/efficacy reviews, safe-use instructions, AI identity disclosure, purpose/capabilities/limitations disclosure, prioritization of user mental health over engagement, anti-discrimination measures, and HIPAA-equivalent security and privacy compliance. This functions as a comprehensive governance and safety program — though structured as a voluntary safe harbor rather than a direct mandate, it is in practice necessary for any supplier wishing to avoid unlicensed-practice enforcement.