HB641 KY introduced

AN ACT relating to mental health chatbots.

Licensing Boards and Commissions Trade Practices and Retailing Technology Attorney General Occupations and Professions Health and Medical Services Public Protection Data Protection Mental Health Consumer Protection Health Care Professionals Short Titles and Popular Names Advertising privacy

Plain-English summary

1. **ONE-SENTENCE SUMMARY:** This bill establishes rules for businesses using mental health chatbots to ensure consumer protection and transparency regarding the use of artificial intelligence.

2. **KEY REQUIREMENTS:**
   - Clearly disclose that the chatbot is an artificial intelligence tool.
   - Ensure that any advertised products or services are clearly and conspicuously disclosed.
   - Handle individually identifiable health information according to specified prohibitions and exceptions.
   - Follow specific guidelines to qualify for an affirmative defense against liability.

3. **DEADLINES:** 
   - The bill is currently introduced and does not have an effective date yet; keep an eye on legislative updates for compliance deadlines.

4. **PENALTIES:** 
   - The Attorney General has the authority to enforce the bill, which may include fines or other penalties for non-compliance.

5. **SMB IMPACT:** Small businesses using mental health chatbots will need to implement clear disclosures and data handling practices, which may require updates to their marketing and operational procedures to comply with the new regulations.

Source description

Create new sections of KRS Chapter 367 to protect consumers using mental health chatbots; define terms; establish prohibitions and exceptions for how suppliers are to handle individually identifiable health information; prohibit supplier from advertising a specific product or service unless that product or service is clearly and conspicuously disclosed; require supplier to clearly and conspicuously disclose that the mental health chatbot is artificial intelligence and provide when this disclosure should appear; provide an affirmative defense to liability and list requirements to achieve that defense; grant enforcement authority to the Attorney General; include severability provision; provide that the Act may be cited as the Artificial Intelligence in Mental Health Act.

Not legal advice. Summaries are generated by AI from publicly available bill text and may contain errors or omissions. Always consult counsel before making compliance decisions.