The bill establishes consumer protections for mental health chatbots, defining terms and prohibiting misleading advertising while ensuring clear disclosure of AI use. It also provides an affirmative defense to liability if specific requirements are met.
If you provide mental health chatbots in Kentucky, you must disclose AI usage and comply with data handling rules or face legal action.
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What This Means
Kentucky's HB641 aims to regulate mental health chatbots by ensuring consumer protection and transparency. It mandates clear disclosures about AI usage, sets guidelines for handling health information, and includes an affirmative defense to liability.
Key Provisions
- Defines terms related to mental health chatbots and AI.
- Prohibits misleading advertising without clear disclosures.
- Requires clear indication that the chatbot is AI-driven.
- Establishes rules for handling individually identifiable health information.
- Grants enforcement authority to the Attorney General.
- Includes a severability provision.
- Provides an affirmative defense to liability if compliance with disclosure and operational requirements is demonstrated.
Latest Legislative Action
to Small Business & Information Technology (H)
Bill Sponsors
| Name | Role |
|---|---|
| D. Osborne | Primary |
| R. Webber | Primary |
| V. Grossl | Primary |
Compliance Checklist
Who: Suppliers of mental health chatbots
Penalty: Legal action by the Attorney General
Who: Suppliers of mental health chatbots
Penalty: Legal action by the Attorney General
Full Legal Analysis
Official Source
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