A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall comply with the provisions of §33-57-2, of this code.

A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall comply with the provisions of §33-57-2, of this code.

A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall comply with the provisions of §33-57-2, of this code.

A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall comply with the provisions of §33-57-2, of this code.

A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall comply with the provisions of §33-57-2, of this code.

(a) The following terms are defined: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1)" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. (2) (A) "AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2)" means a system using artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1), generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.W. Va. Code § 33-57-2(a)(7), and/or emotional recognition algorithmsEmotional recognition algorithms"Emotional recognition algorithms" means artificial intelligence that detects and interprets human emotional signals in text (using natural language processing and sentiment analysis), audio (using voice emotion AI), video (using facial movement analysis, gait analysis, or physiological signals), or a combination thereof.W. Va. Code § 33-57-2(a)(6) designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2); (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. (B) Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. (C) "AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2)" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity. (3) "AI modelAI model"AI model" means a component of an information system that implements artificial intelligence and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.W. Va. Code § 33-57-2(a)(3)" means a component of an information system that implements artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs. (4) "ConsentConsent"Consent" means clear, explicit affirmative act by a person that unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and (ii) is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content, or; (iii) An agreement obtained through the use of deceptive actions.W. Va. Code § 33-57-2(a)(4)" means clear, explicit affirmative act by a person that unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and (ii) is revocable by the individual. "ConsentConsent"Consent" means clear, explicit affirmative act by a person that unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and (ii) is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content, or; (iii) An agreement obtained through the use of deceptive actions.W. Va. Code § 33-57-2(a)(4)" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content, or; (iii) An agreement obtained through the use of deceptive actions. (5) "Digital mental wellness serviceDigital mental wellness service"Digital mental wellness service" means a tool, application, or program that provides general education, self-help, or wellness content related to mental or emotional well-being but does not diagnose, treat, or claim to treat a mental or behavioral health condition and is not represented as therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(5)" means a tool, application, or program that provides general education, self-help, or wellness content related to mental or emotional well-being but does not diagnose, treat, or claim to treat a mental or behavioral health condition and is not represented as therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14). (6) "Emotional recognition algorithmsEmotional recognition algorithms"Emotional recognition algorithms" means artificial intelligence that detects and interprets human emotional signals in text (using natural language processing and sentiment analysis), audio (using voice emotion AI), video (using facial movement analysis, gait analysis, or physiological signals), or a combination thereof.W. Va. Code § 33-57-2(a)(6)" means artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) that detects and interprets human emotional signals in text (using natural language processing and sentiment analysis), audio (using voice emotion AI), video (using facial movement analysis, gait analysis, or physiological signals), or a combination thereof. (7) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.W. Va. Code § 33-57-2(a)(7)" means a class of AI modelsAI model"AI model" means a component of an information system that implements artificial intelligence and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.W. Va. Code § 33-57-2(a)(3) that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content. (8) "Licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8)" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14), including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14). (9) "OperatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9)" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2) to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code. (10) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.W. Va. Code § 33-57-2(a)(10)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention. (11) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(11)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14). (12) "Self-harmSelf-harm"Self-harm" means intentional self-injury with or without the intent to cause death.W. Va. Code § 33-57-2(a)(12)" means intentional self-injury with or without the intent to cause death. (13) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns, including but not limited to direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; offering emotional support, reassurance, or empathy in response to psychological or emotional distress; collaborating with clients to develop or modify therapeutic goals or treatment plans; and offering behavioral feedback intended to promote psychological growth or address mental health conditions. Therapeutic communication does not include generic, non-individualized educational or wellness content that is not tailored to a specific person and does not purport to diagnose, treat, or respond to that person's individual mental or behavioral health condition.W. Va. Code § 33-57-2(a)(13)" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns, including but not limited to direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; offering emotional support, reassurance, or empathy in response to psychological or emotional distress; collaborating with clients to develop or modify therapeutic goals or treatment plans; and offering behavioral feedback intended to promote psychological growth or address mental health conditions. Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns, including but not limited to direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; offering emotional support, reassurance, or empathy in response to psychological or emotional distress; collaborating with clients to develop or modify therapeutic goals or treatment plans; and offering behavioral feedback intended to promote psychological growth or address mental health conditions. Therapeutic communication does not include generic, non-individualized educational or wellness content that is not tailored to a specific person and does not purport to diagnose, treat, or respond to that person's individual mental or behavioral health condition.W. Va. Code § 33-57-2(a)(13) does not include generic, non-individualized educational or wellness content that is not tailored to a specific person and does not purport to diagnose, treat, or respond to that person's individual mental or behavioral health condition. (14) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14)" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14)" does not include religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(11) or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.W. Va. Code § 33-57-2(a)(10).

(b) 1 An operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) is permitted to use AI tools or systems to assist in providing administrative support or supplementary support in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14) with the operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) maintaining full responsibility for all interactions, outputs and data use associated with the system and satisfies the requirements of this article. A decision for patient care, reimbursement or claims adjudication may not be based exclusively on AI-generated information.

(c) 2 An operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) shall provide a clear and conspicuous notification to a user at the beginning of any AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2) interaction which need not exceed once per day. and at least every three hours for continuing AI companionAI companion"AI companion" means a system using artificial intelligence, generative artificial intelligence, and/or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Human relationships include, but shall not be limited to, intimate, romantic or platonic interactions or companionship. "AI companion" does not include: (i) A system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by such entity, customer service account information, or other information strictly related to its customer service; (ii) A system that is primarily designed and marketed for providing efficiency improvements or, research or technical assistance; or (iii) A system used by a business entity solely for internal purposes or employee productivity.W. Va. Code § 33-57-2(a)(2) interactions which states either verbally or in writing that the user is not communicating with a human.

(d)(1)–(2) 3 No operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) may be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless: (1) The patient or the patient's legally authorized representative is informed in writing of the following: that artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) will be used; and the specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) tool or system that will be used; and (2) The patient or the patient's legally authorized representative provides consentConsent"Consent" means clear, explicit affirmative act by a person that unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and (ii) is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content, or; (iii) An agreement obtained through the use of deceptive actions.W. Va. Code § 33-57-2(a)(4) to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1).

(e) 4 No operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) may provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14), including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1), to the public in this state unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14) are conducted by an individual who is a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8), and may not design, market or present any AI system that reasonably would cause a person to believe the AI system is a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) or crisis service.

(f) 5 Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.W. Va. Code § 33-57-2(a)(10) services, religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(11) services and digital mental wellness servicesDigital mental wellness service"Digital mental wellness service" means a tool, application, or program that provides general education, self-help, or wellness content related to mental or emotional well-being but does not diagnose, treat, or claim to treat a mental or behavioral health condition and is not represented as therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(5) may not, through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1), diagnose, develop or modify treatment plans, conduct suicide or self-harmSelf-harm"Self-harm" means intentional self-injury with or without the intent to cause death.W. Va. Code § 33-57-2(a)(12) risk assessments, or otherwise provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.W. Va. Code § 33-57-2(a)(14) without the approval of a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8).

(g)(1)–(4) 6 An operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) may use artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) only to the extent the use meets the requirements of subsection (b). A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) may not allow artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) to do any of the following: (1) Make independent therapeutic decisions; (2) Directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns, including but not limited to direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; offering emotional support, reassurance, or empathy in response to psychological or emotional distress; collaborating with clients to develop or modify therapeutic goals or treatment plans; and offering behavioral feedback intended to promote psychological growth or address mental health conditions. Therapeutic communication does not include generic, non-individualized educational or wellness content that is not tailored to a specific person and does not purport to diagnose, treat, or respond to that person's individual mental or behavioral health condition.W. Va. Code § 33-57-2(a)(13); (3) Generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8); or (4) Detect emotions or mental states for the purpose of making diagnostic, therapeutic, or treatment decisions, or for targeting or manipulating a person's mental or emotional state.

(h) 7 An operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) may use artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.W. Va. Code § 33-57-2(a)(1) solely to flag or triage communications that may indicate self-harmSelf-harm"Self-harm" means intentional self-injury with or without the intent to cause death.W. Va. Code § 33-57-2(a)(12), suicide risk, or other acute safety concerns, provided that any such flags are promptly reviewed and addressed by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) who retains sole authority for clinical assessment and decision-making.

(i) An operatorOperator"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user, and any insurer subject to §5-16-15 et. seq., §33-15-4 et. seq., §33-16-3 et. seq., §33-24-7 et. seq., §33-25-8 et seq., and §33-25A-8 et. seq. of this code.W. Va. Code § 33-57-2(a)(9) or a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including: (i) A licensed psychologist; §30-21-1 et seq.; (ii) A licensed social worker; §30-30-1 et seq.; (iii) A licensed professional counselor; and a licensed marriage and family therapist; §30-31-1 et seq.: (iv) A drug abuse counselor authorized under §16B-13-2; (v) A licensed advanced practice registered nurse; (vi) A physician assistant; §30-3E-1 et seq.: (vii) A licensed physician; §30-3-1 and §30-14-1 et seq.; and (viii) Any other professional authorized by this State to provide therapy or psychotherapy services.W. Va. Code § 33-57-2(a)(8) found in violation of this section shall pay a civil penalty of an amount not to exceed $10,000 per violation, as determined by the Offices of the Insurance Commissioner.

(i) [second] The Offices of the Insurance Commissioner may adopt rule to implement this section.