As used in this chapter: (1) "Brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1)" means a device that enables its user to interact with a computer by means of brain activity only. (2) "Conscious decision makingConscious decision making"Conscious decision making" means an individual making a deliberate decision with awareness and intention.18 V.S.A. § 1892(2)" means an individual making a deliberate decision with awareness and intention. (3) "Consciousness bypassConsciousness bypass"Consciousness bypass" means the use of neurotechnology to manipulate brain activity by applying electrical or optical stimuli without the conscious awareness of the individual whose brain activity is being manipulated.18 V.S.A. § 1892(3)" means the use of neurotechnologyNeurotechnology"Neurotechnology" means the assembly of methods and instruments that enable a direct connection of technical components with the nervous system of an individual.18 V.S.A. § 1892(5) to manipulate brain activity by applying electrical or optical stimuli without the conscious awareness of the individual whose brain activity is being manipulated. (4) "Neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4)" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device. (5) "NeurotechnologyNeurotechnology"Neurotechnology" means the assembly of methods and instruments that enable a direct connection of technical components with the nervous system of an individual.18 V.S.A. § 1892(5)" means the assembly of methods and instruments that enable a direct connection of technical components with the nervous system of an individual. (6) "Written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6)" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.

(a)–(b) 1 Prohibition. Subject to the limited exceptions provided in this section, no person shall: (1) collect or record an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) gathered from a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1); or (2) share with a third party an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) gathered from a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1). (b) Consent to collect. A person shall not collect or record an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) gathered from a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1) unless the person: (1) provides the individual with a written notice explaining how the person will use the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4); and (2) thereafter receives written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) from the individual to collect or record the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4).

(c) 2 Consent to share. A person shall not share with a third party an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) gathered from a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1) unless the person: (1) provides the individual with a written request for the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) to be shared with a third party and for what purposes, including the name and address of the third party; and (2) thereafter receives written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) from the individual to share the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) with the third party.

(d) 3 Revocation of consent. (1) An individual who has provided written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) allowing a person to collect, record, or share the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) pursuant to this section has the right to revoke consent at any time thereafter by providing written notice to the person initially receiving the consent. This revocation of consent notice shall be as easy or easier for the individual to provide as compared to the requirements for initially providing consent. (2) A person who receives written notice from an individual revoking consent pursuant to subdivision (1) of this subsection shall: (A) destroy all records of the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) not later than 10 days after receiving the notice; and (B) in the case of the revocation of consent to share an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4), immediately: (i) cease sharing an individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) with all third parties upon receipt of the notice; and (ii) inform all third parties with whom the person has shared the individual's neural dataNeural data"Neural data" means information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device.18 V.S.A. § 1892(4) that the individual has revoked consent.

(a) 4 Specific consent required. (1) A person shall not allow a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1) it manufactures to be used to bypass the conscious decision making of an individual unless the person has received specific, written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) from the individual. As used in this section, "specific" means written consent for each and every category of action performed by the brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1). (2) A person receiving written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) from an individual shall keep a record of the individual's consent. (3) Consent obtained by using a consciousness bypassConsciousness bypass"Consciousness bypass" means the use of neurotechnology to manipulate brain activity by applying electrical or optical stimuli without the conscious awareness of the individual whose brain activity is being manipulated.18 V.S.A. § 1892(3) is not informed consent.

(b) 4 Revoking consent. (1) An individual who has provided specific, written informed consentWritten informed consent"Written informed consent" means the written consent given voluntarily by an individual with capacity, on the individual's own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed agreement.18 V.S.A. § 1892(6) allowing a brain-computer interfaceBrain-computer interface"Brain-computer interface" means a device that enables its user to interact with a computer by means of brain activity only.18 V.S.A. § 1892(1) to be used to bypass the conscious decision making of the individual pursuant to this section has the right to revoke consent at any time thereafter by providing notice to the person initially receiving the consent. This revocation of consent notice shall be as easy or easier for the individual to provide as compared to the requirements for initially providing consent. (2) An individual's agent, guardian, or surrogate has the right to revoke consent on behalf of the individual pursuant to subdivision (1) of this subsection.

(a)–(c) A violation of this chapter shall constitute an unfair or deceptive act or practice in commerce under 9 V.S.A. chapter 63, Vermont's Consumer Protection Act. (b) A person who violates this chapter shall be subject to a civil penalty of not more than $10,000.00 for each violation. (c) The Attorney General shall have the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under 9 V.S.A. chapter 63, subchapter 1. Consumers shall have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.

As used in this subchapter: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1)" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. (2) "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(2)" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1). (3) "Confidential communicationConfidential communication"Confidential communication" means information obtained by a licensed mental health provider, including information obtained by the provider's examination of the client or patient, that is: (A)(i) transmitted between the client or patient and the licensed mental health provider in the course of the treating relationship; or (ii) transmitted among the client or patient, the licensed mental health provider, and individuals who are participating in the diagnosis and treatment under the direction of the licensed mental health provider, including members of the client's or patient's family; and (B) made in confidence, for the diagnosis or treatment of the client or patient by the licensed mental health provider, and by a means not intended to be disclosed to third parties other than those individuals who are: (i) present to further the interests of the client or patient in the consultation, examination, or review; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the licensed mental health provider.18 V.S.A. § 9751(3)" means information obtained by a licensed mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10)... (4) "Covered entity" has the same meaning as in 45 C.F.R. § 160.103. (5) "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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5)" means an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight. (6) "Health care provider" has the same meaning as in 45 C.F.R. § 160.103. (7) "Health plan" has the same meaning as in 45 C.F.R. § 160.103. (8) "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.18 V.S.A. § 9751(8)" 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. (9)(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9)" means an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) similar to the confidential communicationsConfidential communication"Confidential communication" means information obtained by a licensed mental health provider, including information obtained by the provider's examination of the client or patient, that is: (A)(i) transmitted between the client or patient and the licensed mental health provider in the course of the treating relationship; or (ii) transmitted among the client or patient, the licensed mental health provider, and individuals who are participating in the diagnosis and treatment under the direction of the licensed mental health provider, including members of the client's or patient's family; and (B) made in confidence, for the diagnosis or treatment of the client or patient by the licensed mental health provider, and by a means not intended to be disclosed to third parties other than those individuals who are: (i) present to further the interests of the client or patient in the consultation, examination, or review; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the licensed mental health provider.18 V.S.A. § 9751(3) that an individual would have with a licensed mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10); and (ii) a supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9)" does not include artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(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 providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10). (10) "Mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10)" means an individual who is: [enumerated licensed professionals]. (11) "Personal dataPersonal data"Personal data" means information that is linked or can be reasonably linked to an identified individual or an identifiable individual.18 V.S.A. § 9751(11)" means information that is linked or can be reasonably linked to an identified individual or an identifiable individual. (12) "Scientific research development" means research... (13) "SupplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13)" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer. (14) "User inputUser input"User input" means content provided to a mental health chatbot by a Vermont user.18 V.S.A. § 9751(14)" 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) by a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15). (15) "Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15)" means an individual located in Vermont 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9).

(a)(1)–(2) 5 Except as provided in subsection (b) of this section, any health care provider that 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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5) to generate written or verbal patient communications relating to patient clinical information shall ensure that those communications include both of the following: (1) A disclaimer that indicates to the patient that the communication was generated by 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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5). (A) For written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication. (B) For written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction. (C) For audio communications, the disclaimer shall be provided verbally at the start and end of the interaction. (D) For video communications, the disclaimer shall be prominently displayed throughout the interaction. (2) Clear instructions describing how a patient may contact a human health care provider; an employee of the health care facility, clinic, physician's office, or office of a group provider; or other appropriate person.

(b) 5 If a communication is generated by 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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5) and read and reviewed by a licensed human health care provider, the requirements of subsection (a) of this section shall not apply.

(c) In addition to the enforcement authority set forth in section 9753 of this chapter, a violation of this section by a licensed health care provider is subject to the jurisdiction of the Office of Professional Regulation and the Board of Medical Practice, as applicable.

The Attorney General may impose an administrative penalty of not more than $2,500.00 for each violation of this chapter. In addition, and in addition to any other remedy provided by law, the Attorney General may file an action in Superior Court for a violation of this chapter. The Attorney General shall have the same authority to investigate and obtain remedies as if the action were brought under the Vermont Consumer Protection Act, 9 V.S.A. chapter 63. Each violation of this chapter constitutes a separate violation for which the Attorney General may obtain relief.

(a) 6 Except as provided in subdivision (2) of this subsection, 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) shall not sell to or share with any third party any: (A) individually identifiable health information of a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15); or (B) user input of a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15). (2) The prohibition set forth in subdivision (1) of this subsection shall 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.18 V.S.A. § 9751(8) that is: (A) requested by a health care provider with the consent of the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15); (B) provided to a health plan of a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15) upon request of the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15); or (C) shared in compliance with subsection (b) of this section.

(b) 6 A supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) 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.18 V.S.A. § 9751(8) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) with another person with whom the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) has a contract related to such functionality. (2) When sharing information pursuant to subdivision (1) of this subsection, the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) and the other person 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 a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) were a covered entity and the other person were a business associate, as those terms are defined in 45 C.F.R. § 160.103.

(a) 7 A supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) shall 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) to advertise a specific product or service to a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15) in a conversation between the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9): (1) clearly and conspicuously identifies the advertisement as an advertisement; and (2) clearly and conspicuously discloses to the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15) any: (A) sponsorship; (B) business affiliation; or (C) agreement that the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) has with a third party to promote, advertise, or recommend the product or service.

(b) 8 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) shall not use a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15)'s input to: (1) determine whether to display an advertisement for a product or service to the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) itself; (2) determine a product, service, or category of product or service to advertise to the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15); or (3) customize how an advertisement is presented to a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15).

(c) Nothing in this section shall be construed to 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) from recommending that a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15) seek psychotherapy or other assistance from a licensed health care provider, including a specific licensed health care provider.

(a)–(b) 9 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) to clearly and conspicuously disclose to a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) is an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(2) and not a human. (b) The disclosure described in subsection (a) of this section shall be made: (1) before the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (2) at the beginning of any interaction with the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(15) if the Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) within the previous seven days; and (3) any time a Vermont userVermont user"Vermont user" means an individual located in Vermont at the time the individual accesses or uses a mental health chatbot.18 V.S.A. § 9751(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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) about whether artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) is being used.

(a)(1)–(4) 10 It is an affirmative defense to liability in an action for unlawful or unprofessional conduct brought against a supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) by the Office of Professional Regulation or the Board of Medical Practice if the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) demonstrates that the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) meets all of the following conditions: (1) the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) created, maintained, and implemented a policy that meets the requirements of subsection (b) of this section; (2) the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) that describes: (A) foundation models used in development; (B) training tools used; (C) compliance with federal health privacy regulations; (D) user data collection and sharing practices; and (E) ongoing efforts to ensure accuracy, reliability, fairness, and safety; (3) the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) filed the policy with the Office of the Attorney General; and (4) the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) complied with all requirements of the filed policy at the time of the alleged violation.

(b) 10 A policy described in subdivision (a)(1) of this section shall meet all of the following requirements: (1) be in writing; (2) clearly state: (A) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); and (B) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (3) describe the procedures by which the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13): (A) ensures that qualified mental health providersMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10) licensed in Vermont or in one or more other states, or both, are involved in the development and review process; (B) ensures 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) is developed and monitored in a manner consistent with clinical best practices; (C) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) poses no greater risk to a user than that posed to an individual in psychotherapy with a licensed mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10); (D) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (E) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (F) implements protocols to assess and respond to risk of harm to users or other individuals; (G) details actions taken to prevent or mitigate any such adverse outcomes or potentially harmful interactions; (H) implements protocols to respond in real time to acute risk of physical harm; (I) reasonably ensures regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits; (J) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (K) ensures users understand that they are interacting with artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1); (L) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); (M) prioritizes user mental health and safety over engagement metrics or profit; (N) implements measures to prevent discriminatory treatment of users; and (O) ensures compliance with the security and privacy protections 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 a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) were a covered entity, and applicable consumer protection requirements, including sections 9761–9763 of this subchapter.

(c) 11 To file a policy with the Office of the Attorney General 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9): (1) shall provide to the Office, in the form and manner prescribed by the Office: (A) the name and address of the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13); (B) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) supplied by the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13); (C) the written policy described in subsection (b) of this section; and (D) a $100.00 filing fee; and (2) may provide to the Office: (A) any revisions to a policy filed under this section; and (B) any other documentation that the supplierSupplier"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, regardless of whether the person deals directly with the consumer.18 V.S.A. § 9751(13) elects to provide.

(d)–(e) The affirmative defense described in this section applies only in an administrative or civil action alleging unlawful or unprofessional conduct by a mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10). (e) Nothing in this section shall be construed to: (1) prohibit the Attorney General, the Office of Professional Regulation, or the Board of Medical Practice from bringing an action alleging unlawful or unprofessional conduct 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9); or (2) 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 provider; and (ii) a supplier represents, or a reasonable person would believe, can or will provide psychotherapy 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 provider.18 V.S.A. § 9751(9) as a licensed mental health providerMental health provider"Mental health provider" means an individual who is: (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 who is engaged in the practice of psychotherapy; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28 who specializes in psychiatric or mental health nursing; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31 who specializes in psychiatric or mental health care; (D) a psychologist licensed pursuant to 26 V.S.A. chapter 55; (E) a social worker licensed pursuant to 26 V.S.A. chapter 61; (F) an alcohol and drug abuse counselor licensed pursuant to 26 V.S.A. chapter 62; (G) a clinical mental health counselor licensed pursuant to 26 V.S.A. chapter 65; (H) a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76; or (I) a psychoanalyst licensed pursuant to 26 V.S.A. chapter 77.18 V.S.A. § 9751(10).

(a)(1)–(2) 12 A health plan, as defined in section 9418 of this title, that uses an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool for the purpose of utilization review or utilization management functions, based in whole or in part on medical necessity, or that contracts with or otherwise works through an entity that uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool for the purpose of utilization review or utilization management functions, based in whole or in part on medical necessity, shall ensure all of the following: (1) The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool bases its determination on the following information, as applicable: (A) a covered individual's medical or other clinical history; (B) the specific clinical circumstances as presented by the requesting health care provider; and (C) other relevant clinical information contained in the covered individual's medical or other clinical record. (2) The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool does not base its determination solely on a group dataset.

(a)(3)–(6) 13 The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool's criteria and guidelines comply with 8 V.S.A. chapter 107, chapter 221 of this title, and other applicable State and federal laws. (4) The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool does not supplant health care provider decision making. (5) The use of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool does not discriminate, directly or indirectly, against covered individuals in violation of State or federal law. (6) The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool is fairly and equitably applied, including in accordance with any applicable regulations and guidance issued by the U.S. Department of Health and Human Services.

(a)(7)–(8) 14 The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool is open to inspection for audit or compliance reviews by the Department of Financial Regulation and by other State agencies and departments pursuant to applicable State and federal law. (8) Disclosures pertaining to the use and oversight of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool are contained in the health plan's written policies and procedures to the extent required by the Department of Financial Regulation.

(a)(9)–(11) 15 The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool's performance, use, and outcomes are periodically reviewed and revised to maximize accuracy and reliability. (10) Patient data is not used beyond its intended and stated purpose, consistent with chapter 42B of this title and with the security and privacy protections of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, as applicable. (11) The artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool does not directly or indirectly cause harm to the covered individual.

(b) 16 Notwithstanding subsection (a) of this section, the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), algorithm, or other software tool shall not deny, delay, or modify health care services based in whole or in part on medical necessity. A determination of medical necessity shall be made only by a licensed human health care provider who is competent to evaluate the specific clinical issues involved in the health care services requested by a treating health care provider by reviewing and considering the requesting provider's recommendation; the covered individual's medical or other clinical history, as appropriate; and the specific clinical circumstances.

(c) This section shall apply to utilization review or utilization management functions that prospectively, retrospectively, or concurrently review requests for covered health care services.

§ 5023. ARTIFICIAL INTELLIGENCEArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) ADVISORY COUNCIL [...] (b)(1) Members. The Advisory Council shall be composed of the following members: [...] (F) one member with experience in the field of ethics and human rights, appointed by the National Association of Social Workers, Vermont Chapter; (G) one member who is an academic at a postsecondary institute, appointed by the Vermont Academy of Science and Engineering; (H) the Secretary of Human Services or designee; (I) one member with experience in health care, appointed by the Vermont Medical Society; (J) one member with experience in public education, appointed by the Vermont-National Education Association; (K) the Executive Director of Racial Equity or designee; (L) the Attorney General or designee; (M) the State Treasurer or designee; and (N) one member with relevant knowledge and expertise, appointed by the Governor. [...] (h) Repeal. This section shall be repealed on June 30, 2030.

(a)–(b) The Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) Advisory Council, in coordination with the Director of the Division of Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) and in consultation with interested stakeholders, shall: (1) review guidelines and recommendations from the American Medical Association, National Association of Social Workers, National Education Association, and other relevant professional organizations regarding the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) in the fields of health care, human services, education, public participation, and public finance; (2) research existing and potential uses of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) in public participation processes and in public finance; and (3) create opportunities for public education and engagement in the development of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) policy. (b) On or before January 15, 2027, the Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) Advisory Council, in coordination with the Director of the Division of Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1), shall submit a written report to the General Assembly: (1) recommending any additional statutory changes necessary to further the purposes of this act, including: (A) protections for neurological rights, protections related to neurotechnologies, and proposed definitions for relevant terminology; (B) guidance on the use of 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 nonscripted outputs similar to outputs created by a human, with limited or no human oversight.18 V.S.A. § 9751(5) by regulated professions; and (C) regulating the use of artificial and augmented intelligence in health insurance utilization review processes; (2) summarizing any additional ways that government can promote the ethical and responsible use of artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(2) in health and human services and in education; (3) proposing pilot projects that improve public engagement in public finance using ethical and responsible artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.18 V.S.A. § 9751(2); and (4) identifying any reasons for further delaying or removing the new 2030 sunset of the Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.18 V.S.A. § 9751(1) Advisory Council as set forth in Sec. 4 of this act.

This act shall take effect on passage.