58-60-118. Mental health chatbots -- Affirmative defense.
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Effective 5/7/2025
58-60-118. Mental health chatbots -- Affirmative defense.
(1)As used in this section:
(a)"Mental health chatbot" means the same as that term is defined in Section 13-72a-101 .
(b)"Supplier" means the same as that term is defined in Section 13-11-3 .
(2)It is an affirmative defense to liability in an action brought under Subsection 58-1-501(1) or Subsection 58-1-501(2) if the supplier demonstrates that the supplier:
(a)created, maintained, and implemented a policy that meets the requirements of Subsection (3);
(b)maintains documentation regarding the development and implementation of the mental health chatbot that describes:
(i)foundation models used in development;
(ii)training data used;
(iii)compliance with federal health privacy regulations;
(iv)user data collection and sharing practices; and
(v)ongoing efforts to ensure accuracy, reliability, fairness, and safety;
(c)filed the policy with the division as described in Subsection (4); and
(d)complied with all requirements of the filed policy at the time of the alleged violation.
(3)A policy described in Subsection (2)(a) must:
(a)be in writing;
(b)clearly state:
(i)the intended purposes of the mental health chatbot; and
(ii)the abilities and limitations of the mental health chatbot; and
(c)describe the procedures by which the supplier:
(i)ensures that licensed mental health therapists are involved in the development and review process;
(ii)ensures the mental health chatbot is developed and monitored in a manner consistent with clinical best practices;
(iii)conducts testing, prior to making the mental health chatbot publicly available and regularly thereafter, to ensure that the output of the mental health chatbot poses no greater risk to a user than that posed to an individual in therapy with a licensed mental health therapist;
(iv)identifies reasonably foreseeable adverse outcomes to, and potentially harmful interactions with, users that could result from using the mental health chatbot;
(v)provides a mechanism for a user to report any potentially harmful interactions from use of the mental health chatbot;
(vi)implements protocols to assess and respond to risk of harm to users or other individuals;
(vii)details actions taken to prevent or mitigate any such adverse outcomes or potentially harmful interactions;
(viii)implements protocols to respond in real time to acute risk of physical harm;
(ix)reasonably ensures regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits;
(x)provides users any necessary instructions on the safe use of the mental health chatbot;
(xi)ensures users understand they are interacting with artificial intelligence;
(xii)ensures users understand the intended purpose, capabilities, and limitations of the mental health chatbot;
(xiii)prioritizes user mental health and safety over engagement metrics or profit;
(xiv)implements measures to prevent discriminatory treatment of users; and
(xv)ensures compliance with the security and privacy provisions of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A, C, and E, as if the supplier were a covered entity, and applicable consumer protection requirements, including Sections 13-72a-201 , 13-72a-202 , and 13-72a-203 .
(4)To file a policy with the division under this section, a supplier of a mental health chatbot:
(a)shall provide to the division:
(i)the name and address of the supplier;
(ii)the name of the mental health chatbot supplied by the supplier;
(iii)the written policy described in Subsection (3); and
(iv)a fee set in accordance with Section 63J-1-504 ;
(b)shall file in a manner established by the division; and
(c)may provide to the division:
(i)any revisions to a policy filed under this section; or
(ii)any other documentation the supplier elects to provide.
(5)The division:
(a)shall provide a means for a supplier of a mental health chatbot to file under this section; and
(b)may impose an annual filing fee set in accordance with Section 63J-1-504 .
(6)The affirmative defense described in this section applies only in an administrative or civil action alleging a violation of:
(a)Subsection 58-1-501(1) ; or
(b)Subsection 58-1-501(2) .
(7)Nothing in this section shall be construed to:
(a)bar the division from bringing an action under Subsection 58-1-501(1) or Subsection 58-1-501(2) against the supplier of a mental health chatbot; or
(b)recognize a mental health chatbot as a licensed mental health therapist.
Enacted by Chapter 269 , 2025 General Session